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15 year old sexual abuse survivor receives over $450,000 from individual perpetrator for abuse when she was 12

Case Overview
  • Miss H, while in Year 6 at Primary School, was the victim of a gross breach of trust when she was sexually assaulted by a close family friend while her parents were overseas. She bravely disclosed the abuse to her mother and the police.
  • Miss H’s mother contacted GMP Law for advice regarding her daughter’s rights to compensation.
  • GMP Law filed a statement of claim against the perpetrator and were able to achieve a fantastic compensation result for our client that she will be able to access at age 18. 
Our Approach

After the perpetrator was found guilty of his crimes and sentenced, Gerard Malouf & Partners filed a statement of claim against the abuser himself, having undertaken relevant land title searches, to ensure the perpetrator had assets.

The case commenced on the basis of an intentional tort, where our client did not consent and was too young to consent. 

We supported our client through the organisation of an assessment by a psychiatrist, who prepared a medico-legal report. Our client’s evidence was strong enough to establish her significant ongoing suffering as a result of her childhood abuse, including recurrent PTSD and anxiety that was causing her to miss significant periods of school.

A mediation was organised between the parties to see whether the matter could be resolved without proceeding to hearing, or alternatively, proceed to an Assessment Hearing against the perpetrator as he did not put up a defence. 

After negotiations with the defendant with assistance from an expert mediator and our highly experienced barrister, we were able to achieve a fantastic compensation result for our client that she will be able to access at age 18. 

The Result

After negotiations with the defendant with assistance from an expert mediator and our highly experience barrister we secured over $450,000 for our client.

Compassion, Guaranteed

At GMP Law, we understand the courage that it takes to come forward and discuss traumatic experiences of childhood sexual abuse with others. Our compassionate team will fight to achieve maximum justice for survivors of institutional and historical sexual abuse.

If you have been the subject of abuse, we are hear to listen and provide you with a confidential, no obligation consultation with our expert solicitors.

You're in Safe Hands

Are you a survivor of abuse? Call us for confidential, free advice.

Katie Ferrier

Associate
Frequently Asked Questions

More Information

Helping sexual abuse survivors gather the evidence they need to bring a successful compensation claim is part of the service Gerard Malouf & Partners provides. You shouldn’t feel that you need to have done this work yourself before coming and speaking to us.

Based on our extensive experience of handling and winning sexual abuse compensation claims evidence typically includes:

  • Proof of medical treatment costs (or counselling and / or physiotherapy)
  • Records of the victim and offender being in a given place when a sexual offence took place (e.g. enrollment in schools, residence at an aged care facility)
  • A victim’s signed statement of truth that their story is accurate

The awarding of financial compensation in civil cases breaks down into four areas:

Cost of treating the immediate physical or psychological injury
Ongoing medical costs, such as domestic care to recuperate from long-term injuries
Non-economic (pain and loss) damages for psychological or emotional distress
Loss of earnings or superannuation if the incident leaves you unable to work

In some cases, courts have awarded victims “aggravated and exemplary damages”. This usually occurs in special or extreme circumstances when the court wishes to make an example of the defendant.

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More Case Summaries

Class Actions
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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