For those who suffered childhood sexual abuse, the healing journey has been a long one. Many victim-survivors take years to come to terms with the reality of their abuse and there is less fear of going unheard. The Royal Commission Sexual Abuse opened the door to many child sexual abuse victim-survivors to pursue compensation for what happened to them. Whether the statute of limitations is up and you can’t pursue a criminal case or the thought of a civil suit is unbearable, the NRS can deliver some recourse.
Historical sexual abuse includes any abuse from the past, whether it was at the hands of an institution or due to their lack of care. Here, we detail the eligibility criteria for the NRS, the compensation process, and what you can expect from the sexual abuse claims process.
Compensation Eligibility: Historical Sexual Abuse
If you were the victim of child sexual abuse, you might be eligible for compensation even if the abuse occurred decades ago. In addition to the National Redress Scheme, you could potentially pursue a civil claim. Enlist the services of sexual abuse lawyers in Sydney to discuss your case and determine the best course of action.
If your abuse occurred in an institution (foster system, scouts, juvenile detention, churches, orphanages, schools, etc) the NRS presents a path to justice. It won’t undo the harm that occurred, but it will contribute to your healing with monetary compensation that could be used to pay for therapy or to help with loss of earnings.
Sexual Abuse Compensation Scheme Eligibility
While there may be statutes of limitations in the criminal court system, the Royal Commission into Sexual Abuse lifted statutes for the NRS and civil cases. You can pursue compensation now, no matter how long it’s been since your abuse occurred. The NRS was instituted with historical victims of abuse in mind.
As far as time limits go, if you want to pursue a claim through the NRS, you have until the 30th of June 2027 to file a claim while there is no time limit for a civil suit. If you were the victim of child sexual abuse but there was no institution involved, civil litigation may be your best course of action, but a skilled team of family sexual abuse lawyers can advise you on what state-based compensation schemes are open to you.
Your best path may come down to the evidence you have. Ultimately, the burden of proof is different in an NRS claim than in a civil or criminal matter and though it can be difficult to produce concrete evidence, especially decades later, the impact of the abuse will be considered.
The NRS: A Path for Justice
The purpose of the NRS is to deliver a form of justice to victims of institutional child sexual abuse. Your voice might not have been heard then, but you can make your voice heard now.
If you are 18+, an Australian citizen or resident, and you were the victim of historical abuse, you are eligible to file a claim. In addition to financial compensation, you may be entitled to psychological support and could receive an apology from the institution itself.
The application process is straightforward, but it’s a good idea to speak to a lawyer who will guide you through the process to ensure you have all the necessary documentation to bolster your claim. You will need to supply information about the institution where the abuse occurred and any evidence you have of your abuse. The process can take up to 12 months, but it typically moves faster if you provide detailed information. There is a maximum payment cap of $150,000, which is why some victim-survivors choose to take the civil route where there is no cap on compensation. You can file a personal injury claim against the institution or the individual abuser.
The NRS is a more popular path for victim-survivors because claims are processed quicker and there is a recognition of the abuse they suffered at the hands of an institution. While every route to justice comes with a heavy emotional burden, the procedural challenges are fewer with the NRS claims process.
The NRS Claims Process
While you can complete the NRS claim online, you should contact a lawyer first. A lawyer will assess the viability of your claim and may either encourage you to gather more evidence or suggest a different path to justice.
What type of evidence will support your NRS claim? If you have police reports, medical records, witness statements, and expert testimony, then you are in a good position to proceed. Of course, your personal statement as to the abuse you suffered is also a key part of the process.
Once your application is complete and the supporting evidence is filed, you can submit your claim. If you’re pursuing another route, your lawyer can handle the next steps.
Speak to your lawyer before you accept or reject an offer of redress.
Call AJB Stevens
Many victim-survivors underestimate the emotional toll the process can take and because of that, there is psychological support available as part of the NRS and you may be eligible to receive that support. Whether you need support for a short time or long-term, it’s important to look after your emotional and mental health. By using a skilled law firm to handle your case, you can relieve some of the emotional burden on your shoulders.
If you were the victim of child sexual abuse, reach out to the AJB Stevens team to schedule a free, confidential consultation to discuss your options. We’ll advise you on your best path to justice. It doesn’t matter how long ago the abuse took place, what matters now is that we support you on your journey to healing and happiness.
