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Sexual Abuse

SEXUAL ABUSE LAW

Disclosing sexual abuse endured by a victim survivor is the first step to recovery, and those who are able to speak out about their trauma are to be commended for their bravery.  There is nothing to be shameful or embarrassed about something that happened without consent or understanding, and obtaining compensation in acknowledgement of the physical and emotional injuries sustained can often provide the closure that a victim survivor requires.

Whilst no award of damages will change what has been done, it will be a sign of recognition of the hurt that has been endured and enable a victim survivor to be placed in a better financial position.

Websters Lawyers have specialist experience acting for victim survivors even when the law didn’t provide the support that now exists.  Prior to 2018, victim survivors had to convince a Court that they should be granted leave to bring an action when the limitations period (3 years from the date of when the abuse occurred) had expired.  According to the 2010 Mulligan Report, a victim survivor will disclose their abuse on average 33 years after the fact.  A victim survivor was required to obtain a new material fact and convince a court that leave should be granted in order for them to prosecute their claim.

Multiple steps have been taken to lessen the legal challenges victim survivors face when exploring a claim for damages. 

In 2015 the Royal Commission into Institutional Responses to Child Sex Abuse recommended that each State and Territory remove the statutory limitations period for claims related to child sexual abuse.  This effectively means that settlement discussions can take place without the need to engage in costly and protracted court proceedings.

Every State except Western Australia has abolished limitations periods for child sexual abuse claims.

This change was vital given the time that many victim survivors taken to reach the stage that they are able to report the abuse they have suffered.

Securing a criminal conviction is not required in order to mount a successful claim for compensation. Civil claims can even succeed when there has been an acquittal during a criminal trial.

Civil claims can be implemented against many individuals and/or organisations including, but not limited to, schools, religious institutions, sporting clubs, State Governments (for wards of the State) out of school hours care etc.

Why choose Websters Lawyers

The team at Websters don’t just represent their clients, they are spearheading law reforms for all victim survivors of sexual abuse.

In 2020 Websters’ Senior Associate Andrew Carpenter, who has successfully represented many survivors of sexual abuse, commenced advocating for a change in legislation to enable victim survivors to be able to have their damages satisfied from the superannuation of offenders.

In 2022 Andrew formed ‘Super for Survivors’ with the Grace Tame Foundation, Fighters Against Childhood Abuse Australia and the Carly Ryan Foundation with the view of accessing the superannuation of offenders.  In 2023 Madeleine West (actor, author and host of ‘Predatory’) joined the team.

Andrew’s expertise in this area has seen him appear on numerous television and radio shows to expert comments.

This change will impact every victim survivor of sexual abuse in Australia.

Further Reading

Delays are allowing abusers to hide assets from their victims

Push for paedophiles to be stripped of superannuation so it can be used to help victims

Paedophiles should forfeit superannuation to pay compensation, child sex abuse victim says

Fresh push to strip paedophiles of their superannuation and hand the cash to victims they abused as children

Calls Grow For Paedophiles To Have Their Superannuation Stripped And Given To Their Victims

Paedophiles to have superannuation assets seized, used for compensation

Crime victims urge federal government to close super loophole

Government called out over broken promise to stop paedophiles stashing super

Lawyer’s call to arms after years-long fight against paedophile loophole

Minister taking action to stop paedophiles hiding assets

Finally, another win for survivors, this time at predators’ expense

How sexual assault victims may soon make claims on paedophiles’ super

Federal government plans to end superannuation loophole used by convicted child abusers

Super for Survivors campaign is for majority of victims who ‘fall through the cracks’

Plan to stop paedophiles stashing super ‘the most vanilla approach ever’

New ‘pink batts’ cash cow: Aussies dudded

Paedo cash stash: Super loophole change slammed

‘No one’s safe’: Why Australia needs a sex offender registry

Why this lawyer is hated by Aussie paedophiles

‘Abhorrent’: Moment Madeleine West stunned MPs

 

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*Please note: Websters lawyers is a South Australian based law firm, handling matters exclusive to South Australia, with offices located in Adelaide, Ridgehaven, Smithfield and Christies Beach.

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