Child & Sexual Abuse Compensation

The role of a compensation lawyer is to work with individuals who have suffered abuse and use their knowledge of abuse law and compensation law to assist them in submitting a compensation claim. By working with a legal professional, you will have access to their extensive legal expertise and sound legal advice when making your claim.

In regards to sexual abuse claims, there is no statute of limitations, which is a set time limit to bring forward a claim and start legal proceedings. If you or a loved one experienced or are experiencing child sexual abuse, there is no time limit and many people successfully win cases decades after the incident has occurred. However, if you or a loved one have experienced sexual assault or other forms of abuse as an adult, the statute of limitations is 3 years. Many people assume that victims of child abuse, sexual assault or other forms of abuse are not entitled to compensation because the abuse happened a long time ago. However, the courts are now more understanding regarding the reasons why reporting an incident was delayed.

Each case is unique and can be complex depending on the circumstances, so it does take time to resolve. From submitting your application to finalising your claim, a compensation claim can take up to 2 years. This is quite a long time, but most of this will be managed and attended to by your legal representation – you will not be required to go to Court and most of the process will be handled by your compensation lawyer.

Sexual abuse is different from sexual assault, and the definitions can vary, however, according to the Personal Safety Survey (PSS) – a survey that collects national data on this subject, among other personal safety related subjects – and the Australian Bureau of Statistics (ABS) , sexual abuse is defined as “any act by an adult involving a child (under the age of 15 years) in sexual activity beyond their understanding, or contrary to currently accepted community standards. It excludes emotional abuse and incidents of sexual abuse perpetrated by someone under the age of 18.” Sexual assault is different in that is does not involve a child victim. According to the ABS Recorded Crime – Victims collection , “sexual assault is defined as physical contact, or intent of contact, of a sexual nature directed toward another person where that person does not give consent, gives consent as a result of intimidation or deception, or consent is proscribed (i.e. the person is legally deemed incapable of giving consent because of youth, temporary/permanent (mental) incapacity or there is a familial relationship).”

The National Redress Scheme is specific to institutional child sexual abuse. It was set up to allow those who experienced institutional abuse, in relation to an institution that no longer exists, to access redress in certain circumstances. For example, according to the National Redress Scheme you can apply if: you experienced sexual abuse when you were a child (under 18 years of age), and the abuse happened before 1 July 2018, and an institution was responsible for bringing you into contact with the person who abused you, and you were born before 30 June 2010, and you are an Australian citizen or a permanent resident at the time of application

For a successful sexual abuse claim, who pays for the legal costs and any other costs involved, including the agreed compensation, will depend on what schemes you’re eligible to claim under and other factors. Your compensation lawyers can explain how the financial aspects of pursuing compensation will work and what you can expect, based on your unique circumstances.