IN RE RODGERS

PHILIP H. SHERIDAN, Commissioner.

On August 1, 1987, in Franklin County, Ohio, the applicant, Sherry Rodgers, suffered personal injuries as a result of being raped and beaten numerous times over a twelve-hour period.

The assault was reported to the Columbus Police Department within seventy-two hours after the occurrence.

After careful review of the reparations application, the finding of fact and recommendation of the Attorney General, and the documents and evidence contained in the case file, I make the following determination.

R.C. 2743.60(C) states:

"A single commissioner or a panel of commissioners, upon a finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, may deny a claim or reconsider and reduce an award of reparations."

In In re Cole (June 9, 1977), Ct. of Claims No. V77-0212sc, unreported, the court held:

"Where the applicant refused to make statements to law enforcement officials of what transpired when he was injured, which prohibited the Grand Jury from indicting him, the court held that this constituted failure to fully cooperate and an award was denied."

In the instant case, the applicant failed to appear before the grand jury causing the investigation of this incident to be terminated. This failure to appear prohibited the grand jury from indicting the alleged offender and is considered as a failure to "fully cooperate" as defined in R.C. 2743.60(C). Therefore, just as in Cole, I must deny this claim.

1. The applicant was criminally assaulted on August 1, 1987, in Franklin County, Ohio.

2. The assault was reported to a law enforcement officer or agency within seventy-two hours after the occurrence.

3. Although the applicant incurred unreimbursed allowable expense and work loss, her claim is denied pursuant to her "failure to cooperate," as defined in R.C. 2743.60(C).

1. The applicant qualifies as a "claimant" as defined by R.C. 2743.51(A).

2. However, the applicant's claim is denied pursuant to the applicant's "failure to cooperate" as defined in R.C. 2743.60(C).

1. The claim is denied and judgment is entered for the state of Ohio.

2. Costs assumed by the reparations fund.

So ordered.