The haunting effects of emotional, physical, or sexual abuse often last a lifetime. There is no monetary value that could possibly truly compensate for what you’ve been through. However, if you were the victim of abuse in the past, you may be entitled to compensation. Payment could help you cover the costs of having to seek care and support. It could also make up for some lost earnings.
Our expert, institutional child abuse lawyers are caring and compassionate. We can provide a free and fully confidential review of your situation. We can help if you have been subjected to child abuse within:
- church or church-based organisations (including church groups such as altar boy abuse, church-run camps, Sunday schools)
- schools (including boarding schools)
- state care (including foster care, orphanages, children’s homes)
- before- and after-school care
- child care centres
- youth detention centres;
- missions
- sporting clubs and organisations providing activities/care for children such as Scouts
- hospitals
- training farms
- welfare services
- youth centres
- any other institution or organisation.
Most common forms of historical child abuse
Historical child abuse can have occurred in many ways. Commonly seen examples include those involving:
- sexual violence
- sexual exploitation
- sexual harassment
- sexual assault
- exposure or exhibitionism
- physical abuse
- voyeurism
- molestation.
Impacts of institutional child abuse
Institutional child abuse can cause deep and lasting psychological harm. These impacts cannot always be seen. But they are very real. And they are recognised under the law as valid reasons to seek compensation.
Common psychological injuries include:
- Post-Traumatic Stress Disorder (PTSD): Ongoing flashbacks, nightmares, and heightened fear responses triggered by reminders of the abuse. PTSD can make it difficult to feel safe, trust others, or carry out daily activities.
- Depression: Persistent feelings of sadness, hopelessness or numbness. Some may struggle with low energy, loss of interest in life, or thoughts of self-harm.
- Anxiety: Constant worry, panic attacks, or a sense of dread that interferes with relationships, work, and well-being. Anxiety can be linked to hypervigilance or a deep fear of further harm.
- Low self-esteem and shame: A lasting sense of worthlessness or self-blame, often internalised from how institutions responded, or failed to respond, to the abuse.
- Difficulty with relationships: Challenges with trust, intimacy or connection, which can affect family life, friendships and the ability to feel supported.
These effects can be complex and deeply personal. If you’ve been impacted, seeking compensation for child abuse may help access the care, stability and support you deserve.
Who are child abuse civil compensation claims made against?
A claim for compensation involving child sex abuse, serious injuries, or other forms of child abuse can be made directly against the perpetrator themselves. Whether that is a worthwhile approach will depend largely on the financial position of that person.
It’s more common for abuse claims to be made against the organisation or institution that introduced the victim to the perpetrator.
Will I have to face my abuser again?
Abuse claims are more commonly brought against institutions. So, it is rare for you to have to face your abuser.
If the claim is made directly against the abuser, they will need to be involved in the claim.
At no stage do you need to talk to, or interact in any way, with that person. Your abuse compensation lawyer can handle all communications and dealings on your behalf.
Will I have to give evidence in court?
The majority of claims settle out of court. So, it is unlikely that you will have to give evidence in court.
Information you need to give:
First, you will have to share details of your experience with one of our team members. They are all understanding, patient, and empathetic.
We need to understand what occurred to help give you the best advice. You will not be interrogated. You will be provided with a safe, judgement-free space to share your experience.
Will I go to court?:
Only a small percentage of claims go to trial. In our experience, institutions want to avoid going to court. They will generally settle claims well before then.
If a trial was necessary, you would need to give evidence. You would need to say what occurred as part of the trial process. Again, a case only reaches that stage on rare occasions. There are many chances to negotiate a settlement before then.
What type of claim can I make for sexual assault or child abuse?
In Queensland, if the sexual assault or abuse took place when a person was a child, there are 2 types of claims you can make:
- a civil abuse compensation claim (also called a common law damages claim); or
- a National Redress Scheme claim.
Here’s a brief overview and comparison of both:
- Compensation. Civil claims often result in higher payouts that cover pain and suffering, lost earnings and treatment costs. Redress payments are capped at $150,000.
- Eligibility. For Redress, the abuse must have happened before 1 July 2018. The institution must have also joined the Scheme. There are no eligibility cut-off dates for civil claims.
- Timeframes. Redress is usually quicker (6-12 months). Civil claims may take longer (6-18 months or more). Times depend on complexity.
- Process. Civil claims require legal representation and evidence. They often settle out of court. Redress is less formal. It includes access to counselling and a personal apology.
- Key difference. Accepting a Redress payment generally means you can’t sue the institution later. Civil claims keep that legal right intact. It’s important to get legal advice before deciding.
Each claim is different. There are advantages and disadvantages to each. Further details about each type of claim are provided below.
To understand which process is best for you, and to ensure you can receive the compensation you deserve, it is strongly recommended you seek advice from an expert child sex abuse lawyer.
What is a civil abuse compensation claim and what can I claim?
A civil claim for abuse compensation involves making a legal claim (called a common law claim). This is a claim against the perpetrator of the abuse and/or the institution, government body, or organisation that introduced you to them.
Proof:
You need to prove that the events occurred. You also need to prove that you suffered a physical or mental health injury as a result.
In a civil child abuse compensation claim, the institution will only be found responsible if you can show:
- that your suffering resulted from the institution’s actions or from their failure to take appropriate steps to prevent ongoing misconduct; and
- that they knew of or should have been aware of the misconduct.
Type of compensation:
If you commence a civil claim in Queensland, you will usually be able to make a claim for damages for:
- the pain and suffering you endured
- the loss of past and future earnings you experienced due to the abuse
- reimbursement for any treatment costs you have paid for
- any future treatment costs that might be incurred
- any other expenses you have or will have in the future.
What is a National Redress Scheme claim and what can I claim?
A National Redress Scheme claim is a government-run process. It is designed to recognise the harm caused by institutional child sexual abuse. It offers a simpler and less adversarial alternative to going to court.
Proof:
To be eligible, you must show that:
- you experienced sexual abuse (and, in some cases, related serious physical abuse) before 1 July 2018;
- the abuse occurred in an institutional setting; and
- the institution responsible has joined the Scheme.
Type of compensation:
If your application is accepted, there are 3 things you may receive. They are:
- a redress payment of up to $150,000
- access to counselling or psychological support
- a direct personal response (such as an apology) from the institution if you choose.
Important Note:
Accepting a Redress payment generally means you give up your right to pursue a civil claim for damages against the same institution in future. It’s important to get legal advice before applying.
The importance of legal advice
It is important that you carefully consider your options. Get legal advice when you are deciding whether to apply to the scheme or commence a civil claim. At Murphy’s Law, our institutional abuse lawyers are experts in child abuse claims. We offer compassionate, genuine advice and guidance. And we’re committed to supporting you to get maximum compensation.
How much compensation for sexually abused victims?
The amount of compensation you will be entitled to varies from person to person. It is calculated on the impact the child sexual abuse has had on you. It also takes into account how it has altered the course of your life.
Compensation settlement payment:
If you accept payment through a settlement (rather than a court verdict) the amount you receive will:
- be a lump sum payment (one figure that isn’t broken into categories);
- likely reflect the risks involved with litigation. The riskier the claim the more of a discount will apply to arrive at the lump sum payment; and
- be a ‘once and for all’ payment (that means you cannot seek compensation again at a later time of the same events against that party).
Categories of sexual abuse compensation:
The compensation (or damages) amount that can be claimed in a civil abuse claim is assessed based on:
- the type of physical or mental injury you suffered and how severe it is;
- how much income you have already lost (because of being unable to work or missing out on opportunities because it affected your education or ability to advance your career);
- the extent to which your future working life will be affected;
- the costs you have incurred for treatment or other expenses; and
- the level of costs you will incur in the future.
The level of compensation will vary in every case. The payout will depend on the long-term consequences to the individual.
Sexual abuse compensation payout examples:
Some examples of legal decisions in Queensland related to child sexual abuse claims are:
- P v R [2010] QSC 139. The court awarded $439,937.09 to a 21-year-old woman who was sexually assaulted when she was 8 years of age.
- K v G [2010] QSC 13. The court awarded $629,855 to a 22-year-old woman who was sexually assaulted through an unlawful sexual relationship as a minor from the age of 8.
- Paten v Bale [1999] QSC 317. The court awarded $183,282 to a 20-year-old woman who was sexually assaulted between the ages of 7 to 9.
- Ap v Di Pino (No 2) [2012] QDC. The court maintained an earlier decision to award $146,027.83 to a woman, aged 22, who was sexually assaulted as a 12 year old.
- BDT v BDG [2019] QDC 74. The court awarded $972,812 to a 52-year-old woman who was sexually assaulted between the ages of 5 and 15.
Every case and outcome is different. So, it is essential to seek advice from an experienced personal injury lawyer. This can help you understand what your rights are. It will help you understand what level of compensation may be available to you in a civil child sexual abuse compensation claim.
How long does the civil abuse compensation process take?
It generally takes between 12 and 14 months for a civil child sexual abuse compensation claim to reach the stage where meaningful negotiations, such as a settlement conference, can occur.
Relevant factors:
A complex case can slow the process down. Some of the things which can slow the case down include:
- having multiple perpetrators involved
- having multiple institutions involved
- whether there is a known history of prior incidents involving other victims (or whether your claim is the first of its kind)
- difficulties sourcing documents to prove enrolment or attendance at institutions, (although the institutions themselves usually have records)
- difficulties establishing an educational or work history and earnings
- sourcing the best expert (many of whom have lengthy waiting lists for consults).
On the other hand, the fewer complexities, the faster the claim will usually be.
Steps in a sexual abuse claim:
If a settlement cannot be reached at this point, then legal proceedings are filed. It typically takes about another 4 to 6 months to reach the next negotiation point (which is often a mediation).
Only a small percentage of cases don’t settle at that point and then ultimately go to a trial.
Fast-tracked claims:
There are circumstances where a claim can be fast-tracked. These include where someone has a terminal illness and does not have long to live. There can also be other reasons for urgency.
Can I make a child sexual abuse claim against an institution, religious organisation or school?
Yes. It is possible to make a civil abuse compensation claim against an institution, a church, religious organisation, or school.
There are 2 ways in which the institution can be found responsible:
Failure to act:
Did the institution know about your abuse (or the abuse of others)? Or, should they have known about the abuse (as complaints were made previously or otherwise)? If so, a l claim could be pursued against the institution for their failure to act appropriately and prevent the abuse.
Responsibility for the abuser’s actions:
Generally, the law does not hold an institution responsible for the criminal acts of others.
There have beendevelopments in this area of the law though, particularly where historical child sexual abuse has taken place.
So, if the perpetrator committed the abuse through their position in their work or as a representative of a church or religious group, or on behalf of anyone else, then those institutions or organisations could be held responsible for the actions.
Such employees and volunteers could include:
- youth detention guards
- teachers, headmasters, and tutors
- child carers
- priests
- pastors
- church volunteers.
Legally, it is not normally enough that the abuser held such a position. To make the institution responsible, you need to establish both that:
- the abuse occurred while the abuser was acting in their position for the institution
- that the institution gave the abuser a special role which meant they had a degree of:
- power
- control
- trust
- ability and opportunity to achieve intimacy with you.
You will also need to show that the abuser misused their powers by abusing you.
If you were sexually abused (and the abuse occurred through a person connected with an institution in the ways described above) then the institution could then be found to be legally responsible. The legal term is ‘vicariously liable’. An institution can be found vicariously liable for the conduct of the abuser - regardless of whether the institution knew about the conduct.
What is the process for a civil compensation abuse claim?
Usually, the best place to start is to speak with an experienced child abuse compensation lawyer. A lawyer will help provide you with the guidance you need.
Pre-claim steps
In Queensland, claims are regulated by the Personal Injuries Proceedings Act 2002. It sets up a procedure for parties to follow before legal proceedings can start.
Step 1 – Claim form
The first step in an abuse claim is for a claim form to be served on either/or:
- the perpetrator of the abuse
- the responsible institution, church or religious organisation, or school.
It will be served on whichever is relevant to your circumstances. Often claims proceed only against the relevant institution. You choose who will be involved in your claim.
Step 2 – Other party responds
The other parties then respond, and the claim begins. The parties then have time to investigate matters further. The people you serve the claim form with have 6 months to either admit or deny responsibility.
Step 3 – Expert evidence
Medical evidence (i.e., reports from specialists) is then typically obtained by both parties. The victim obtains their own evidence. The other party can also ask you to undergo an examination with their preferred specialists.
Step 4 – Exchange of documents
Relevant documents are then exchanged. These include documents about:
- your background
- your enrolment
- your dealings with the institution (where relevant)
- the institutions’ actions
- the perpetrator's education and work history.
Step 5 – Settlement Negotiations
Once those steps are taken, a settlement conference is held. This is a meeting between the parties and their legal representatives.
You must attend this meeting in person. But you do not have to say anything. Your lawyers are there to support and represent you. Confidential discussions and negotiations will take place to see if the claim can be resolved.
If an agreement can be reached, your claim ends with a lump sum payment being made.
Step 6 – Legal proceedings (if needed)
If an agreement cannot be reached, formal legal proceedings are filed with the court.
Once the legal claim starts, opportunities may arise to explore a possible settlement of the claim. That can happen through mediation or by exchanging written offers of settlement.
Are there any time limits in a child sexual abuse claim?
In civil claims for abuse compensation (common law damages claims) in Queensland, there is no time limit for making an abuse claim in circumstances where:
- the person was abused when they were a child; and
- the abuse involved either sexual abuse or serious physical abuse.
This means that survivors of that type of historical child abuse can make a claim at any time.
While no time limit exists, historical claim information or evidence may be lost, forgotten, or eroded over time. So, it is still important to get expert legal advice as soon as possible. This will help us assess and investigate your claim.
Physical abuse of a child:
If the person was abused as a child, but it could not be classified as sexual abuse or serious physical abuse, a claim could still be made. However, in most circumstances, the legal claim would need to be filed with court before the person’s 21st birthday. Otherwise, their rights could be lost.
Abuse of an adult:
If you were abused (either sexually or physically) as an adult then the usual 3-year limitation period applies.
A formal claim needs to be lodged with the court within 3 years of the assault or you may lose all rights.
Extensions to time limits:
There can be exceptions or extensions in some circumstances. That’s why it’s important to get advice from experienced compensation lawyers as soon as you can.
