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Sexual Abuse & Sexual Assault Lawyers

Our Sexual Abuse and Sexual Assault Lawyers handle claims for individual assaults and institutional claims including historical claims. Sexual relations with a person who has yet to reach the age of consent is indefensible at law and constitutes a "trespass" even if the minor is willing. Apart from any criminal consequences, sexual assault and sexual abuse is a civil wrong for which compensation can be recovered.

Do I have a sexual abuse claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our Sexual Abuse lawyers.

Do you have a potential sexual abuse claim?

Make an enquiry

What do you do if you have
been sexually abused in Queensland?

Sexual Abuse and Sexual Assault can cause life-changing damage to survivors. Compensation claims arising out of such events are subject to the statutory time limit that apply to all personal injury claims in that they are required to be commenced in court within three years of the date of the cause of action arising, or three years from the date a child survivor becomes an adult at age 18.

As a result of recommendations made by the Royal Commission into Institutional Child Sex Abuse to abolish time limits, all states and territories have removed time limits for child sex abuse cases. In some states e.g. NSW, the time limit change applies more broadly, namely to child abuse that is not sexual.

In the case of people who were children at the time of the sexual contact, there is no time limitation for the commencement of an injury compensation lawsuit by a defendant may apply for a stay of proceedings on the ground of “prejudice”. Thus it is important not to delay your claim for compensation. For prompt accurate advice, speak to one of our Sexual Abuse Lawyers today.

In the case of institutional abuse, victims can seek compensation under the National Redress Scheme which grants payouts depending on the nature of their particular circumstances. The maximum payout for the worst possible case is $150,000. Alternatively, victims have the right to apply for substantial common-law compensation including damages for loss of earning capacity but in those cases must prove “liability” on the part of the institution and they must successfully set aside – on grounds that it is just and reasonable to do so – any earlier settlement deed that they may have entered into.

Individuals in a sexually abusive situation or who have been sexually assaulted face the practical hurdle of whether or not the perpetrator has sufficient assets warranting the risk and expense of legal proceedings.

Those placed in an institutional setting where they were the victim of such conduct, can bring a claim against the institution or in case of a government residence, against the State.

Sexual misconduct in a professional setting also often breaches the rights of the patient or client if the professional misuses their position of influence, power providing guidance.

An investigation is always required to verify the circumstances and extent of the events at the particular location where the events occurred. Enquiries regarding medical and hospital treatment is also required as is at your places of education and employment so as to verify your occupational performance since the occurrence of the events.

Anyone who has been put in such a situation should seek legal advice as soon as possible. Our Sexual Abuse and Sexual Assault Lawyers will be able to advise you whether or not your circumstances warrant a claim and what are your prospects of success in a claim for injury compensation arising out of such events.

1

Making a sexual abuse claim

The procedure to follow is to make a demand upon the institution or party at fault. This allows the at-fault party to propose a means of resolution.

Please ensure that you consult an expert injury compensation lawyer to advise you and if so advised, to take this step on your behalf.

2

What if the offence occurred long ago?

There is no time bar or limitation period that applies to child sex abuse claims. That said, it is important that once you decide to proceed, you provide all the relevant facts to your sexual abuse lawyers as soon as possible so they can properly advise you and start proceedings without delay.

3

What are the first steps that should be taken?

The first step is to report the incident to a confidante or to the police. Even if the incident occurred a long time ago, it can be reported now. If you prefer not to contact police, it can be reported to your sexual abuse lawyers who can then contact police with the details.

How much could I be compensated for sexual abuse?

These types of injuries can have life changing well-being and economic consequences for survivors. Damages include compensation for the injury itself as well as expenses and loss of earning capacity both in the past and in serious cases, until anticipated retirement age.  To find out how much compensation you are entitled to claim, contact our expert Sexual Abuse Lawyers today.

What is not deemed "sexual abuse"?

Sexual conduct among consenting adults cannot be a breach of the law unless consent is obtained by deception or fraud. If you are in any doubt about your rights, call to speak to a Sexual Abuse Lawyers to discuss how to take the best course of action.

Are there any time limits in making a claim?

In adult situations the time limit is generally 3 years from the date of the assault.

Time limits for child sexual assault and abuse have been removed subject to the discretion of the court to block historical claims for unfairness. Don’t delay your right to claim for compensation, speak to one of our Sexual Abuse Lawyers today.

What about civil litigation claims?

In these cases you are entitled to full common law damages which are referable to the extent of the abuse. If your version of events is accepted by the court, substantial damages including damages reflecting your loss of income earning capacity from the time of the abuse until now, are likely to be awarded.

If you are not sure if your compensation claim is worthwhile, contact our Sexual Abuse and Sexual Assault Lawyers for an obligation free assessment.

Types of injuries that can occur due to sexual assault?

Significant life-changing emotional and psychological injuries frequently result from sexual abuse and sexual assault. Please note, the listed type of injuries is not limited, speak to our sexual abuse lawyers about your situation.

Depression

Anxiety

Adjustment Disorder

Post Traumatic Stress Disorder

The CCL method

Our Sexual Abuse Lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. Our sexual abuse lawyers will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, our sexual abuse lawyers will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

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