Who pays compensation if I make a claim for sexual abuse I suffered as a child?

The circumstances in which the sexual abuse occurred is important to determine who will be responsible for paying compensation. This includes when and where the abuse occurred, who perpetrated the abuse and who your guardian was at the time. If the sexual abuse was perpetrated by an employee or agent of a Church, the Government or another organisation, insurance may be available to pay the compensation for your claim.

There are legal requirements to be met in order to successfully bring a common law claim against a Church, the Government or another institution.

It is important that you speak to a lawyer about who the claim should be brought against and if the circumstances meet the legal requirements so that your entitlement to compensation is protected.

As a result of the number of people reporting sexual abuse over the years and the need to meet legal requirements to make a common law claim, the Government, Churches and various organisations have set up Redress Schemes which provide compensation for childhood sexual abuse.

If your claim does not meet the legal requirements to bring a common law claim against an institution, you may be entitled to bring a claim via a Redress Scheme.

The compensation available under a Redress Scheme is limited as compared to what can be claimed via a common law claim.

Not all organisations and churches offer compensation via a redress scheme. In our extensive experience in childhood sexual abuse matters over the years, we have found that churches and organisations are willing to provide some compensation or assistance on a moral rather than legal basis. It is important to speak to a lawyer about whether insurance or a redress scheme can be accessed for your particular circumstances.

It may also be possible to bring a claim against the perpetrator directly. This might include sexual abuse perpetrated by a family member, friend of the family, member of a church or organisation, a guardian or carer appointed by the Government, or someone unknown to you until the occasion of the abuse.

Whether a claim should be made against an individual directly will depend on the circumstances of the sexual abuse and whether the person has sufficient assets to pay compensation.

It is important to know at the beginning of the claim whether the perpetrator has assets. If the perpetrator does have assets and you are concerned that they will dispose of their assets to avoid paying compensation to you, it is important to obtain legal advice regarding what can be done to stop this occurring so that your interests are protected.

The team at MKF lawyers have assisted hundreds of survivors of childhood sexual abuse secure compensation from the Government, Churches, various organisations, perpetrators directly and via Redress Schemes. We have senior male lawyers and a senior female lawyer that can speak to you about your enquiry and who can manage your claim to its final conclusion.

Contact Floyd Bakewell, Katie Sajatovic or Matt DeGregorio today to discuss making a compensation claim by telephone on 08 7093 2998 or by email at info@mkflawyers.com.au

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