Child Sexual Abuse

In Australia, the legal avenues available to survivors of child sexual abuse have been significantly expanded in recent years, reflecting a societal and legislative push towards providing justice and support for victims. They include:

Civil Claims

Virtually anyone who has experienced child sexual abuse can initiate a civil case against the perpetrator or the institution responsible for allowing the abuse to occur. This includes abuse that took place within families, schools (both public and private), religious organisations, government departments, sports clubs, and other settings.

Recent changes in Australian law, including the abolition of limitation periods for child abuse claims in several states and territories, now allow survivors to bring forward claims regardless of how long ago the abuse occurred. This significant legal shift acknowledges the time it may take for survivors to come forward about their abuse.

National Redress Scheme

For those whose abuse occurred within an institutional context, the National Redress Scheme provides an alternative avenue for recognition and compensation. The scheme was established as a response to the Royal Commission into Institutional Responses to Child Sexual Abuse, offering survivors a way to obtain redress without the need for a court process.

Eligibility for the National Redress Scheme includes anyone who:

• Was sexually abused as a child (under the age of 18) by a person associated with an institution.
• The abuse occurred before the 1st of July 2018.
• Is an Australian citizen or permanent resident (including those residing outside of Australia).

However, there are specific exclusions within the scheme. Individuals who have been convicted of sex offences or sentenced to imprisonment for five years or more for crimes such as violence may be ineligible. Additionally, those who have previously received compensation for their abuse through other legal settlements or court awards may find their eligibility for a Redress Payment affected. However, they might still apply for other components of redress, such as counselling and a direct personal response from the institution.

It’s important to note that participation in the National Redress Scheme is voluntary for institutions. Therefore, redress payments are only available if the institution responsible for the abuse has joined the scheme. Currently, many major institutions have opted into the scheme, but there are exceptions.

Navigating the legal options available for survivors of child sexual abuse can be complex and emotionally challenging. AJB Stevens specialize in this area, offering guidance, support, and representation to ensure survivors understand their rights and the processes involved in making a claim.

Understanding the signs that may indicate an adult has experienced childhood sexual abuse is crucial for providing appropriate support and intervention. It’s important to recognise that the impact of such trauma can vary widely among individuals, but there are common symptoms that many survivors experience.

Psychological Symptoms

Many adult survivors of childhood sexual abuse grapple with significant psychological challenges. Depression is a common symptom, characterised by persistent sadness, loss of interest in activities once enjoyed, and feelings of worthlessness or guilt. Anxiety disorders, including generalised anxiety disorder, panic attacks, and post-traumatic stress disorder (PTSD), are also prevalent among survivors. These conditions can manifest as excessive worry, intense fear, flashbacks, and nightmares related to the traumatic events.

Survivors may also experience difficulties with self-esteem and body image, often stemming from feelings of shame and guilt associated with the abuse. Dissociative symptoms, which include feelings of detachment from oneself or one’s surroundings, are another potential psychological impact, offering a mental escape from the trauma.

Physical Symptoms

The trauma of childhood sexual abuse can also have physical manifestations. Some survivors may experience chronic pain without a clear medical cause, such as headaches, back pain, or gastrointestinal problems. Sexual health issues, including sexual dysfunction, aversion to sexual intimacy, or risky sexual behaviours, can also arise, reflecting the complex relationship between the abuse and the survivor’s sexuality.

Behavioural Symptoms

Behaviourally, survivors might engage in self-destructive or maladaptive behaviours as coping mechanisms. This can include substance abuse, self-harm, eating disorders, or suicidal ideation. Relationship difficulties are common, as trust issues and fear of intimacy can complicate personal connections.

It’s essential to approach these signs with sensitivity and understanding, recognising that they are responses to trauma rather than personal failings. Survivors may benefit from professional support to address these issues, including therapy and counselling, which can offer a path toward healing and recovery.

Under Australian law, there are avenues for survivors of childhood sexual abuse to seek justice and compensation, even years after the abuse occurred. Legal reforms, such as the removal of time limits for bringing claims related to child sexual abuse, have made it possible for survivors to pursue legal action against perpetrators or institutions that failed to protect them.

AJB Stevens is committed to supporting survivors through this process, offering legal advice and representation tailored to the unique needs of each individual. If you or someone you know is showing signs of having experienced childhood sexual abuse, it’s important to seek professional help.

If you would like your abuser to be investigated for criminal charges, then you should contact your local police station to make a formal report and provide a police statement. The police will then investigate your case.

Child Sexual Abuse claims are very specialised, and having an expert on your side ensures that you get the maximum compensation you are entitled to. Therefore, we recommend that you consult a lawyer before considering a civil claim or applying for, or accepting, a Redress Payment.

The institutions have the advantage of having expert lawyers defending them. Having an Accredited Specialist on your side will ensure that your rights are protected.

This is a scheme that was set up after the Royal Commission into Institutional Responses to Child Sexual Abuse. The scheme was commenced in 2018 and will run until at least 2028. It provides for counselling, direct response from the institutions themselves and ‘Redress Payments’, calculated in accordance with set criteria.

The scheme is only effective if the Institutions, schools and religious orders agree to sign up to the scheme. To see if a particular institution has signed up to the scheme, visit this link: https://www.nationalredress.gov.au/institutions

The purpose of the scheme is to hold abusive institutions accountable, acknowledge the harm caused and to provide support for child sexual abuse survivors.

It can provide for counselling service, a direct personal response from the institution and a Redress Payment.

A common law civil claim is one which alleges that the institution responsible for your care, breached its duty of care and is initiated through a standard court process.

A common law claim is not just a statutory payment such as a Redress Payment. It is a claim which compensates you for your pain and suffering, treatment expenses, loss of income and care needs.

It is not subject to the monetary limits of a Redress Payment ($150,000).

If you accept an offer of redress from the National Redress Scheme, then you are giving up your rights to make a civil claim in court for that abuse. You could have valuable common law rights, so you should seek advice first.

When faced with the aftermath of institutional abuse, survivors in Australia have a critical decision to make regarding their path to seeking justice and compensation. The National Redress Scheme, established as a response to the Royal Commission into Institutional Responses to Child Sexual Abuse, offers survivors a way to receive compensation, access to counselling, and a direct personal response from the institution responsible for their abuse.

However, you must understand the implications of accepting an offer from the National Redress Scheme, especially concerning the possibility of pursuing additional compensation through civil claims.

Accepting an offer of redress from the National Redress Scheme is a significant decision with certain legal ramifications. Once a survivor accepts an offer of redress, they effectively waive their right to pursue any further legal action against the institution(s) involved in their abuse for the same matter.

This includes filing a civil court lawsuit, which might lead to a different form of compensation. The Scheme’s purpose is to provide a streamlined, less adversarial alternative to court proceedings, but it may not always result in the same level of compensation that could be achieved through a civil claim.

Before making a decision, survivors need to carefully consider their options. The decision between accepting an offer of redress and pursuing a civil claim depends on several factors, including the specifics of the abuse, the evidence available, and the potential outcomes of each path.

Filing a civil claim can be beneficial in terms of obtaining higher compensation for damages incurred. However, the process of navigating the legal system can be quite complex. It may involve a number of legal procedures and formalities, and the claimant may also have to relive traumatic experiences during court proceedings, which can be emotionally taxing.

Given these considerations, seeking expert legal advice is essential. The team at AJB Stevens specialise in abuse cases and can provide invaluable guidance, helping survivors understand their rights under common law, the potential benefits and limitations of the National Redress Scheme, and the process and prospects of pursuing a civil claim.

Our legal professionals can also assess the unique circumstances of each case, advise on the best course of action, and support survivors through whichever process they choose to pursue.

Remember, survivors cannot simultaneously claim compensation through the National Redress Scheme and civil claims. However, the choice between these options should be made with a full understanding of the implications and potential outcomes. With the right legal advice, survivors can navigate this decision-making process more confidently, ensuring that their path towards healing and justice is informed and considered.

You will not be eligible for a Redress Payment under the National Redress Scheme. However, you may still be eligible to pursue a common law civil case for compensation.

Proving child sexual abuse, particularly when the allegations surface years or decades after the event, presents unique challenges within the Australian legal system. The passage of time often means that physical evidence may no longer be available, making it more difficult to substantiate the claims. However, it is important to understand that a case does not rely solely on physical evidence in criminal and civil proceedings.

Other forms of evidence and legal strategies can be employed to build a strong case.

In civil cases for compensation, the standard of proof is the “balance of probabilities,” which is less stringent than the “beyond a reasonable doubt” standard used in criminal cases. This means that the claimant needs to demonstrate that it is more likely than not that the abuse occurred and that the accused is responsible for the harm suffered.

Gathering Evidence

Despite the absence of physical evidence, several types of evidence can support a claim of child sexual abuse:

• Witness Testimonies: Other people who may have witnessed the abuse or observed signs of abuse can provide powerful testimonies. This can include family members, friends, teachers, or anyone else who was in a position to notice changes in the child’s behaviour or physical signs of abuse.
• Medical Records: While the abuse might have occurred years ago, medical records documenting any injuries or conditions consistent with abuse can be compelling evidence. Psychological records showing treatment for trauma-related issues can also support the claim.
• Expert Testimony: Experts in child psychology or medical professionals who specialise in identifying signs of abuse can provide testimony based on the victim’s behaviour, emotional state, and any physical indicators present, even if they occurred much later.
• The Accused’s Admissions: Any admissions of guilt by the accused, whether made directly to law enforcement, in communications with others, or even in digital forms such as texts or emails, can be critical in proving abuse.
• Behavioural Evidence: Changes in the victim’s behaviour, academic performance, or social interactions at the time of the alleged abuse can also serve as indirect evidence. This evidence can help establish the impact of the abuse on the child, even if the abuse itself cannot be directly proven.

Given the complexities involved in proving child sexual abuse, especially after a significant amount of time has passed, survivors or their families should seek representation from experienced lawyers who specialise in this area. The team at AJB Stevens understand the complexities of gathering and presenting evidence, navigating the legal standards, and advocating effectively for victims in criminal and civil courts.

When dealing with child sexual abuse, survivors and their loved ones often face the challenge of seeking justice within the legal system. Prosecuting child sexual abuse cases in court comes with many obstacles. Time passed, the fading reliability of memories particularly from young children, and the absence of physical evidence can severely impact the prosecutors’ ability to secure a conviction. For survivors seeking validation and justice, this can be disheartening.

So, what can you do if the courts won’t help?

Seek Legal Advice

Before deciding on a course of action, it’s highly recommended that survivors seek independent legal advice. A lawyer specialising in child sexual abuse cases can offer insights into the merits of pursuing a civil claim versus other forms of redress, help navigate the complexities of the legal system, and advocate on the survivor’s behalf. Legal professionals can also advise on the potential implications of accepting settlements or entering into redress schemes, ensuring survivors make informed decisions about their paths forward.

Support and Advocacy Groups

Engaging with support and advocacy groups can provide emotional support, advice, and advocacy. Many organisations dedicated to helping survivors of child sexual abuse understand the complex feelings of frustration and helplessness that can come with the legal process. They can offer counselling, connect survivors with legal resources, and advocate for systemic change to better support survivors.

Therapeutic Support

Addressing the psychological impact of abuse is crucial for survivors. Seeking support from therapists or counsellors who specialise in trauma and abuse can help survivors process their experiences, develop coping strategies, and begin the journey of healing. Mental health professionals can provide a safe space to explore feelings of anger, grief, and betrayal that may arise from the abuse itself and from challenges encountered within the legal system.

Remember, You Are Not Alone

While the criminal justice system may not always provide the outcomes survivors of child sexual abuse hope for, there are multiple paths to pursue justice, healing, and recovery. From civil lawsuits and redress schemes to support groups and therapeutic care, survivors have options to explore based on what aligns best with their needs and goals. Survivors need to know they are not alone and that support is available to help them navigate the aftermath of abuse and work toward healing.

Do you want to know more? Get in touch with the team at AJB Stevens today and we’ll help you navigate the courts, including applications for redress and civil cases. We can also ensure you get the personal support you need to move forward.