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Childhood Sexual Abuse in Schools: Your Legal Options

26 July 2024

If you suffered sexual abuse while you were in school, know that you’re not alone and that you have legal options. Institutional sexual abuse claims are unfortunately common in Australia, with purpose-built government initiatives — such as the National Redress Scheme — being set in place to address abuse and compensate survivors.

Moverover, survivors can pursue a civil claim against both the perpetrator and institution if they so choose, offering broader forms of compensation.

This article will help you gain a sense of what you can expect from filing a child abuse compensation claim. We’ll cover the various forms of compensation you may be entitled to, the legal process, and the ways a personal injury lawyer can help.

For personalised advice, consider speaking to one of our personal injury lawyers directly in a free, no-obligation consultation. They can answer any questions you have and offer you expert legal advice at no cost to you.

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Childhood sexual abuse compensation claims: An overview
Types of common law compensation

The process of filing a claim
Former Student Receives $325,000 Settlement for Sexual Abuse in Private School

Childhood sexual abuse compensation claims: An overview

There are two legal avenues that childhood sexual abuse survivors can go down: either pursuing compensation through the National Redress Scheme or through a common claim (civil claim).

In the context of a civil claim, child abuse compensation claims fall under the purview of common law, not criminal law. Common law claims are lawsuits where the survivor, also known as the plaintiff, seeks monetary compensation through the court system from the perpetrator and/or the institution responsible for the abuse. In contrast, criminal law focuses on prosecuting the perpetrator for their actions, potentially resulting in penalties such as imprisonment or fines, but does not directly provide compensation to the survivor.

The basis of common law claims, and thus school childhood sexual harassment claims, is the following:

You were owed a duty of care by the individual or school responsible for the abuse. Duty of care refers to the legal obligation of the responsible party to ensure, to the best of their ability, your safety and well-being.
The school or individual breached their duty of care.
This breach directly led to the harm you’ve sustained — whether financial, psychological, or physical.

In essence, teachers and other school staff hold the responsibility of ensuring child safety. If they fail in this duty, and such failure results in harm, they can be held liable for the damages suffered.

A case that set a significant precedent for historical child sexual abuse claims is Prince Alfred College Incorporated v ADC (2016) HCA 37. The High Court clarified that an employer can be vicariously liable for the criminal acts of its employees if the wrongful act is closely connected to the role assigned by the employer. Similarly, as seen in the case we’ll cover below, legal action can still be taken against an institution even if the responsible individual has passed away.

Do you want to learn more about filing a compensation claim?

Call us for confidential, free legal advice.

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Types of common law compensation

Childhood sexual violence survivors can choose to pursue compensation through the National Redress Scheme or through a common law claim (civil claim).

About the National Redress Scheme: This initiative was established in 2018 to provide sexual abuse survivors with a streamlined way of pursuing compensation. Through the Scheme, institutional child sexual abuse survivors may be eligible for financial compensation, access to counselling and psychological care, and a direct personal response from the institution responsible for the assault. Payments under the Scheme can be as much as $150,000, with the average payout being approximately $90,000.

While civil claims are generally less streamlined compared to the National Redress Scheme, they offer the potential for higher compensation amounts and can address a broader range of damages. The types of compensation you can claim through a common law claim are as follows.

Economic damages cover quantifiable financial losses incurred by the survivor due to the assault. This includes medical expenses, lost wages, and future earning capacity.
Non-economic damages, or general damages, address the more subjective and non-financial impacts of the abuse, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages aim to compensate for the profound psychological and emotional effects of the trauma.

Depending on your case, you may also be granted punitive damages. While this form of compensation is rare, it serves to punish the perpetrator for particularly egregious behaviour and to deter similar conduct in the future. Punitive damages are awarded in addition to economic and non-economic damages and are meant to send a strong message against the abuse.

Civil case compensation is assessed on a case-by-case basis and ranges significantly. From the civil claims we’ve conducted at GMP Law, almost every one results in payment over $150,000, with some cases settling above $1m.

For personalised advice on the type and amount of compensation you may be entitled to based on the specifics of your case, book a free consultation with one of our compensation lawyers.

The process of filing a claim

Here is what you can expect if you engage with the National Redress Scheme, in comparison to the process of a common law claim.

Filing through the National Redress Scheme

Initially, you will need to determine your eligibility and decide whether the National Redress Scheme or a civil claim is the best route for you. To find out more, we recommend speaking with one of our personal injury lawyers who can offer you free expert legal advice. Once you have all the necessary information and support, you can proceed with filling in the application form, which is available both online and in paper format. Free Redress Support Services are available to help you complete the application.

After submitting your application, the National Redress Scheme team will reach out to inform you of the next steps. An Independent decision maker will then assess your application, a process that can take between 3 and 12 months – The Scheme prioritises applications from individuals who are ill or elderly, ensuring they are handled with urgency.

Upon the assessment’s completion, you will receive a phone call and a letter informing you of the offer of redress. You have six months to accept the offer, though you can request additional time if needed. Should you find the offer unsatisfactory, you have the option to request a review.

Filing a common law claim

If you’re considering filing a school sexual abuse claim, first speak with one of our personal injury lawyers. To the extent that you can, gather and bring evidence to your free consultation, as this will help our team to better determine what you may be entitled to. Such evidence may include school communications, medical records, and other documents that may substantiate your claim.

The majority of common law claims are resolved in mediation. This refers to the process where both parties meet with a neutral third-party mediator to negotiate and reach a mutually agreeable settlement without going to court. Mediation is often less adversarial and can provide a quicker resolution compared to a full court trial, while still ensuring that the survivor receives fair compensation for their suffering and losses.

There are instances where cases are unable to be resolved through mediation, in which cases litigation is required. Our team at GMP Law can help and guide you through the full common law claim process — from initial enquiry to payout. We can work with you to ensure that your rights are upheld and that you receive the compensation you’re entitled to.

Book an appointment with our expert team of compensation solicitors.

Call 1800 004 878

Former Student Receives $325,000 Settlement for Sexual Abuse in Private School

In the late 1980s, a student attending a prestigious private school in Sydney was frequently sexually abused by a teacher, known for abusing students under the pretence of tucking in their shirts and entering boys’ toilets. Despite reporting the sexual misconduct to two staff members, no action was taken.

The abuse had a profound impact on the student’s life, causing distrust in authorities, educational disengagement, and substance reliance to cope with psychological symptoms. The school community later angered the student by eulogising the deceased perpetrator, prompting him to seek legal action.

Our team filed a lawsuit against the school, arguing that it breached its duty of care and should be held liable for the teacher’s actions. The defendant insurer sought to have the case dismissed due to the time elapsed and the death of relevant witnesses. However, we fought this motion, securing a joint assessment to demonstrate the abuse’s impact and engaging in mediation.

Ultimately, GMP successfully obtained a $325,000 settlement for their client. This compensation acknowledged the client’s suffering and aimed to aid in their recovery and future well-being.

If you’re considering filing a childhood sexual abuse claim, click here to book a free, no-obligation consultation with one of our compensation lawyers.

Explore

Case Summaries

The State pays $450,000 to childhood abuse survivor

Case Overview Our client suffered both physical and sexual abuse at the hands of family members from a very young age, which continued over an

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Man offered $420,000 for sexual abuse perpetrated by a Brother at a Western Sydney Catholic School

Case Overview Our client was abused by a Brother who was the school principal and sports coach teacher at Western Sydney Catholic School. While the

> Read More

Man received $350,000 after being sexual abused by teacher

Case Overview Our client experienced abuse as a child between 10-12 years of age. Abuse occurred in and outside of school by his teacher. GMP

> Read More

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