A MACKAY man has been awarded $26,250 compensation after he was raped four times by a fellow prisoner.
The rapes occurred in the Maryborough Correctional Centre in December 2007 and January 2008.
Inmate Christian William Thomas Kaye was convicted of the rapes in the Maryborough District Court on September 22, 2009, and he was jailed for eight years and was declared a serious violent offender.
He must serve 80% of the sentence and he remains in prison today.
His victim, aged 36, had a background of psychiatric illness and is now diagnosed as suffering post traumatic stress disorder, Judge Julie Dick, SC, said when assessing the compensation in Mackay yesterday.
A psychiatrist's report indicated the victim suffers intrusive memories and nightmares and another trigger was when inmates speak about sex and rape.
He falls into depression.
The victim did have a past history and was sexually abused as a child and had previous admissions to psychiatric wards for treatment for depression and drug overdose, Judge Dick said.
Any award of damages had to take into account the victim's pre-existing conditions and problems, Judge Dick said.
Other adverse impacts of the rapes include: sense of violation; reduced self-worth; increased fear and insecurity; an adverse impact on his feelings.
The rape victim was represented at the compensation case by barrister Paddy Cullinane.
Earlier court records show the prosecution case against Kaye in 2009 alleged he threatened the well-being of the victim's wife and perhaps also his daughter and mother.
The victim had not complained about being raped until he told his wife, who alerted authorities.
"On the prosecution case these threats, and a prison culture against prisoners complaining about fellow inmates, explained why the victim had not complained to prison authorities about the rapes," the Court of Appeal said.