Case Overview
- The plaintiff alleged that he suffered sexual abuse on one occasion during an extended admission at the juvenile detention centre.
- The defendant argued that the officer could not be identified and therefore could not be held liable.
- With the help of GMP Law, the young man settled his claim for $315,000 for childhood sexual abuse.
The plaintiff alleged that he suffered sexual abuse on one occasion during an extended admission at the juvenile detention centre. The perpetration involved the officer taking the plaintiff to an isolated location at the detention centre, using excessive force to violently render our client unconscious and then sexually abusing him.
The defendant argued that our client would face difficulty in making out his case as the alleged perpetrator could not be identified by name or role. The defendant claims this would make it difficult to examine the officer’s role to determine whether the perpetrator was vicariously liable for the abuse.
“We did not stop from persevering with our client’s claim and arguing that the abuse took a negative toll on the plaintiff’s life.“
Christine Beshay
Our Approach
This did not stop us from persevering with our client’s claim and arguing that the institutional abuse took a negative toll on the plaintiff’s life. The abuse affected our client’s ability to work and maintain healthy relationships with others.
The young man settled his claim for $315,000 for childhood sexual abuse that he suffered during the course of his sentence at a juvenile detention Centre in New South Wales in 2006 when he was around 14 – 15 years old.
While the sum of money received by victims of childhood sexual abuse will never resolve the traumatic experience of the abuse or reverse past wrongs, it helps victims find some sense of closure.
If you have an enquiry in relation to a potential institutional abuse claim or sexual assault claim, please call us on 1800 004 878 and speak to one of our experienced lawyers or fill out an email enquiry form online.
The Result
The young man settled his claim for $315,000 for childhood sexual abuse.
Frequently Asked Questions
More Information
Division 10 of the Crimes Act 1900 outlines the criminal offence of sexual assault, as well as the definitions for ‘sexual intercourse’ and other related terminology.
Put simply, sexual assault constitutes any unwanted sexual behaviour committed by one person or a group of people towards another without consent. Continue reading for more information.
The commission has hit headlines recently due to its work in uncovering child sexual abuse claims against various religious organisations across Australia.
However, it’s not just the church that the agency investigates; all major institutions fall under its remit, including schools, sports clubs and government organisations. The authority explores private, public and non-government bodies that have at any point in time interacted with children.
A statute of limitations effectively sets a time limit on the start of legal proceedings. For offences that have a statute of limitations, claims have to be brought before the time limit expires.
If you or a loved one has been the victim of sexual assault or physical or mental abuse as an adult, the statute of limitations is three years. If the victim was a child at the time of the offence there is no time limit.
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