After the perpetrator was found guilty of his crimes and sentenced, Gerard Malouf & Partners filed a statement of claim against the abuser himself, having undertaken relevant land title searches, to ensure the perpetrator had assets.
The case commenced on the basis of an intentional tort, where our client did not consent and was too young to consent.
We supported our client through the organisation of an assessment by a psychiatrist, who prepared a medico-legal report. Our client’s evidence was strong enough to establish her significant ongoing suffering as a result of her childhood abuse, including recurrent PTSD and anxiety that was causing her to miss significant periods of school.
A mediation was organised between the parties to see whether the matter could be resolved without proceeding to hearing, or alternatively, proceed to an Assessment Hearing against the perpetrator as he did not put up a defence.
After negotiations with the defendant with assistance from an expert mediator and our highly experienced barrister, we were able to achieve a fantastic compensation result for our client that she will be able to access at age 18.
At GMP Law, we understand the courage that it takes to come forward and discuss traumatic experiences of childhood sexual abuse with others. Our compassionate team will fight to achieve maximum justice for survivors of institutional and historical sexual abuse.
If you have been the subject of abuse, we are hear to listen and provide you with a confidential, no obligation consultation with our expert solicitors.
Helping sexual abuse survivors gather the evidence they need to bring a successful compensation claim is part of the service Gerard Malouf & Partners provides. You shouldn’t feel that you need to have done this work yourself before coming and speaking to us.
Based on our extensive experience of handling and winning sexual abuse compensation claims evidence typically includes:
The awarding of financial compensation in civil cases breaks down into four areas:
Cost of treating the immediate physical or psychological injury
Ongoing medical costs, such as domestic care to recuperate from long-term injuries
Non-economic (pain and loss) damages for psychological or emotional distress
Loss of earnings or superannuation if the incident leaves you unable to work
In some cases, courts have awarded victims “aggravated and exemplary damages”. This usually occurs in special or extreme circumstances when the court wishes to make an example of the defendant.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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