Frequently Asked Questions.
As opposed to criminal proceedings, there are a few advantages to civil claims. First, the standard of proof required to prove that sexual abuse occurred is lower. All that is required is that you show it is more likely than not that the sexual abuse took place. Secondly, civil litigation allows survivors of sexual abuse to seek compensation in the form of damages. These damages are not limited in the way victims support services or national redress schemes are. Thirdly, civil claims can be made against an employer or institution if it can be proven that the organisation was negligent in allowing the sexual abuse to take place. This often increases the compensation available to sex abuse victims.
No. A civil claim is entirely separate to criminal proceedings, and you may prove a civil claim even in the absence of any charges being laid upon the perpetrator of sexual abuse. Such charges or convictions do however assist in establishing a civil claim.
For advice on whether a civil claim might be right for you and for more information on our legal services, please contact our experienced personal injury legal team for a free consultation. We can guide you through how the legal processes might apply to your matter, and whether you may be entitled to make a compensation claim for any physical abuse (including sexual abuse) that you may have suffered.
If a civil claim is successful in establishing liability, a victim of sexual assault is entitled to make a compensation claim for damages for a range of loss and/or damage, provided that loss or damage is also proven. These include pain and suffering, loss of earnings, mental harm, any medical or treatment costs, among others. For a confidential discussion of what compensation you may be entitled to, contact our experienced personal injury lawyers today.
Unfortunately, claimants in respect of historical child sexual abuse under the National Redress Scheme cannot also pursue a civil claim for damages.
This will depend on the time limits applicable in your jurisdiction, the nature of the claim, and the legal processes available to you. If your matter relates to child sex abuse (generally, including physical abuse), no time limits apply to the bringing of a civil compensation claim.
For personal injury claims for sexual assault, limitation periods will generally be three years from the date of the offence. This can however be complicated by a number of factors such as whether the abuse is isolated or ongoing and where the abuse took place, and we recommend seeking legal advice on whether you remain entitled to make a compensation claim.
The National Redress Scheme provides acknowledgment and support to people who experienced institutional child sexual abuse. Redress is an alternative to seeking compensation through the courts. The National Redress Scheme is in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. The Royal Commission listened to thousands of people about the abuse they experienced as children.
Who can apply?
People who experienced sexual abuse when they were a child (under 18 years of age) and the abuse happened before 1 July 2018. They also need to meet the following criteria:
An institution was responsible for bringing the applicant into contact with the person who abused them.
The applicant must be born before 30 June 2010 and be an Australian citizen or permanent resident.
Institutions can include:
orphanages,
missions,
children’s homes,
schools,
churches and other religious organisations,
sports clubs,
hospitals,
foster care and,
other institutions.
