Money alone will never compensate the amount of pain and suffering a victim of sexual assault has to deal with following the incident/s. However, as a result of such attacks, victims may experience various losses during their lifetime, so a financial reward is often sought at some stage.
This was demonstrated in a recent case bought in front of the District Court NSW.
The case
In May 2013, the defendant was charged with nine counts of homosexual intercourse with a child, who at the time was about 13 or 14 years old. The defendant was an adult and a close friend of the plaintiff's step-father. After each assault, the defendant would tell the plaintiff he would not be believed should he choose to tell, and may end up in a home if he did. The emotional and physical abuse had a significant impact on the plaintiff, causing strains on his relationships, problems at school and drug and alcohol addiction. There were also two documented attempts of suicide.
In 2014, the defendant accepted his guilt of the charges and served imprisonment as a result.
On 4 June 2018, the plaintiff filed a claim for compensation in regards to damages he suffered as a result of his injuries and other losses relating to this. Along with his own evidence, the plaintiff's case was accompanied by doctor's notes, which stated that the plaintiff has:
- Become detached and estranged from others.
- Suffers low self-esteem and lacks interest.
- Experiences major depressive symptoms.
- Abuses alcohol of which he is currently in remission for.
- Chronic post-traumatic stress disorder.
The psychological effects left the plaintiff relying on medication and prescribed regular meetings with a psychiatrist and a psychologist for an indefinite period. However, his work life also suffered. The plaintiff took a considerable amount of unpaid leave to deal with symptoms relating to his injuries.
The verdict
After assessing the substantial damage caused to the plaintiff, he was awarded a total of $421,071 as compensation. This included past and future loss of earnings and general and aggravated damages.
If you're a victim of sexual assault and ready to find out how you much compensation you're entitled to as a result of hardship and losses, contact the team at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers today.
