Sexual abuse compensation claims
Childhood sexual abuse claims: Your rights, our fight
We understand that taking the first step to seek legal support for child abuse can be incredibly difficult. At GMP Law, we recognise institutional sexual abuse for what it is: a horrific betrayal by professionals responsible for a child’s wellbeing.
Our dedicated team provides trauma-informed legal support with the utmost compassion and confidentiality. We understand that no amount of compensation can undo the trauma of historical abuse. However, it can provide recognition of your suffering and support your journey toward healing.
Why Choose Gerard Malouf & Partners
Understanding institutional abuse claims
Institutional abuse or childhood sexual abuse can occur in various settings where adults hold positions of trust and authority over children.
Common environments include:
- Schools and educational institutions
- Religious organisations and churches
- Child care centres
- Foster homes
- Sporting clubs and youth organisations
- Healthcare facilities
- Family homes.
Particularly vulnerable children include those in:
- Out-of-home care
- Institutional settings
- Isolated environments
- Situations with limited supervision or oversight
- Circumstances where there are power imbalances.
Types of abuse may include:
- Sexual abuse
- Physical abuse
- Emotional or psychological abuse
- Neglect.
The effects of such abuse can be long-lasting and far-reaching, impacting mental health, relationships, and career prospects. We recognise the courage it takes to come forward, and we’re here to support you every step of the way.
The National Redress Scheme
Following the Royal Commission into Institutional Responses to Child Sexual Abuse, the Federal Government established the National Redress Scheme. While this scheme provides valuable support, survivors should understand they can pursue either:
- National Redress Scheme claims
- Civil claims.
Accepting a National Redress Scheme payment prevents you from pursuing a civil claim. Civil claims often result in higher compensation amounts, and we strongly recommend consulting with an institutional abuse lawyer before accepting any payment through the scheme..
We're here to help.
Eligibility for historical sexual abuse compensation
You may be eligible for compensation if:
- You experienced physical, sexual, or emotional abuse while under the care of an institution or person with a duty of care
- The abuse occurred when you were a child or a vulnerable adult
- You can provide evidence of the abuse (this can include your own testimony if there is no physical documentation)
- You suffered harm or psychological injury as a result of the abuse
- The institution or perpetrator failed in their duty of care to protect you from harm.
- No criminal charges were filed
- Criminal action was unsuccessful
- The abuse occurred many years ago
- The perpetrator is deceased.
We understand that finding evidence for historical abuse claims can be difficult, as documentation may be lost or unavailable. Our legal team can work with you to explore potential evidence and build a strong case, even if your own testimony is the primary source of information.
We offer a free initial consultation so you have nothing to lose by exploring your options. We know it takes a lot of courage to speak up and share your experience. That’s why our work is founded on compassion and an unwavering commitment to supporting survivors.
Factors affecting compensation
Many factors influence compensation amounts, including the impact of abuse which is assed by:
- Severity and duration of abuse
- Long-term psychological effects
- Impact on earning capacity
- Ongoing care requirements.
Generally, childhood sexual abuse cases are settled privately through mediation. Mediation generally resolves within months, while litigation can take years. Regardless of how long your case takes and its associated costs, you can pursue redress without the stress of legal expenses through our no win no fee policy.Â
At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about foster care abuse claims
What is the National Redress Scheme?
Following the Royal Commission into Institutional Responses to Child Sexual Abuse, the Federal Government established the National Redress Scheme. While this scheme provides valuable support, survivors understand their options:
National Redress Scheme claims
- Provides acknowledgement and support for people who experienced institutional child sexual abuse
- Offers access to counselling services
- Provides a direct personal response from the institution
- Has a maximum payment cap.
Civil claims
- Often results in higher compensation amounts
- Allow for a broader scope of damages
- Can provide additional forms of recognition and justice
- No maximum payment cap.
Accepting a National Redress Scheme payment prevents you from pursuing a civil claim. We strongly recommend consulting with a lawyer before accepting any payment through the scheme. GMP Law offers free initial consultations to help individuals explore their options.
What compensation can I expect for my abuse claim?
Survivors may be eligible to seek compensation for:
- Loss of earnings or superannuation
- Medical costs and domestic care
- Cost of treating physical or psychological injuries
- Non-economic loss (pain and suffering) for ongoing psychological or emotional distress
In some cases, courts have awarded victims ‘aggravated and exemplary damages.’ This typically happens in special or extreme circumstances when the court aims to set a precedent against the defendant.
What is the statute of limitations for childhood sexual abuse?
For adult survivors of childhood sexual abuse, there is no time limit for filing claims. The legislation acknowledges that it often takes time for survivors to come forward, so the usual statute of limitations on personal injury claims does not apply.
We have successfully won cases involving historic offences, including claims that are over 20 years old.
Can I sue a teacher for sexual abuse?
Yes. Compensation claims can be brought against both individuals and organisations, including:
- Professionals in positions of trust (doctors, teachers, psychologists)
- Department of Communities and Justice
- Religious organisations
- Public and private schools.
Which religious organisations are being investigated for sexual abuse in Australia?
Various religious organizations are currently under investigation in Australia for multiple cases of sexual abuse involving their employees (or members) and the individuals they were meant to protect.
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Investigations have included:
- The Catholic Church
- The Anglican Church of Australia
- The Uniting Church in Australia
- Jehovah’s Witnesses
- The Watchtower Bible and Tract Society of Australia Ltd.
Justice for survivors of institutional abuse
At GMP Law, we’ve successfully represented clients from diverse backgrounds in processing claims for injuries resulting from childhood sexual abuse.
$450,000 state settlement for childhood abuse survivor
Background
Our client suffered both physical and sexual abuse at the hands of family members from a very young age, continuing into early adolescence.
The challenge
Our client sustained significant psychiatric impairment affecting relationships and employment.
GMP Law’s approach
- Demonstrated the State’s awareness of abuse
- Proved failure to remove client from dangerous environment
- Challenged liability denial
- Negotiated through mediation
- Secured substantial settlement.
Successfully secured a $450,000 settlement providing financial security for our client’s healing journey.
$265,000 compensation for school abuse
Background
The client suffered sexual and physical abuse from a primary school teacher in Western Sydney during the 1980s.
The challenge
Initial reports were dismissed by the school principal, and the institution denied vicarious liability for the teacher’s actions.
GMP Law’s approach
- Pursued claim despite institutional denial
- Demonstrated impact on client’s life
- Documented effects on work capacity
- Showed a connection between abuse and substance dependency
- Negotiated persistently.
Successfully secured a $265,000 compensation settlement for our client.
315,000 settlement for sexual abuse in juvenile detention
Background
Our client suffered sexual abuse during his stay at a juvenile detention centre in New South Wales in 2006, at age 14-15.
The challenge
The perpetrator could not be identified by name or role, which the defendant argued would make it difficult to establish liability.
GMP Law’s approach
- We persevered despite the challenge in identifying the perpetrator
- We demonstrated the profound impact of the abuse on our client’s life, including his ability to work and maintain relationships
- We negotiated firmly on behalf of our client.
We secured a settlement of $315,000 for our client, providing a measure of acknowledgment and resources for healing.
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your sexual abuse claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the institutional abuse team
Meet some of the diverse and dynamic compensation lawyers who support our clients with their foster home abuse claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our institutional abuse lawyers using the form below, or simply call us 1800 004 878.
