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While nothing can erase the trauma of sexual abuse, a compensation claim offers vital financial support to aid recovery and ensure your voice is heard.
Sexual abuse can have a devastating impact on survivors, causing physical harm and ongoing emotional distress. In many cases, sexual abuse survivors require extensive treatment and therapy and may be unable to return to work. A sexual abuse compensation claim can provide relief for survivors and their families.
While money can never undo the pain of sexual abuse, it can alleviate the burden of medical expenses, living costs, and lost income. Over the years, we have helped many survivors sue a person or organisation for their sexual abuse, including:
Church-run institutions.
Schools and other educational facilities.
Sport, recreation, community and culture clubs.
Doctors, nurses, orderlies and other medical staff.
Employers and workplaces.
Prisons and juvenile detention centres.
Historical residences, e.g. children's homes.
People who commit sexual abuse in a public, rental or private space.
Compensation for sexual abuse survivors
All sexual abuse survivors may be eligible to make a civil compensation claim. This can include compensation for:
Pain and suffering: the negative impact of the injury on your life, including loss of enjoyment of life.
Lost wages: if you’re unable to return to work. This also includes if you haven’t been able to return to full-time work after the abuse.
Domestic support: whether provided by a professional or family and friends.
Medical expenses: both past and future.
Aggravated and exemplary damages: in the most extreme circumstances, the court will award extra damages to make an example of the person or institution that committed the abuse.
A successful sexual abuse compensation claim can result in a substantial lump sum payment, worth hundreds of thousands of dollars.
If you were sexually abused as a child (or are the parent of an abused child), you have additional options available to you.
Childhood sexual abuse compensation
Recent years have revealed that, unfortunately, many children are survivors of abuse. Cases of widespread, institutional abuse in places like churches and schools have dominated headlines. According to the Australian Bureau of Statistics, approximately 2.5 million Australian adults reported physical and/or sexual abuse before age 16, the minimum age of consent across Australia.
In response, the government has established several payout schemes to help victims of sexual abuse. The largest of these is the National Redress Scheme, which allows sexual abuse survivors to claim compensation ranging from $10,000 to $150,000.
While the National Redress Scheme has aided thousands of survivors, it’s crucial to understand that accepting an offer from the scheme extinguishes your right to make a civil compensation claim. We strongly advise speaking to a qualified sexual abuse lawyer before accepting any government compensation offer. During a free consultation, we’ll outline all the options available to ensure you receive the compensation you deserve.
Reporting the sexual abuse
Reporting sexual abuse is crucial for documenting your situation and ensuring you get the help you need. Even if you decide not to pursue a compensation claim immediately, reporting gives you the option to file a claim in the future.
Whether the abuse caused physical or psychological injuries, it’s important to see your GP right away. They can treat any physical injuries and refer you to an appropriate psychologist. If the abuse happened some time ago, we strongly advise seeking psychological help as soon as possible. This not only helps you navigate the mental trauma caused by abuse but also provides important evidence to support your claim.
If you haven’t already reported your sexual assault to the police, it’s essential to do so as quickly as possible. This report, along with your doctor’s and psychologist’s notes, is essential evidence for building your claim.
Proving your sexual abuse claim
Unfortunately, proving your sexual abuse claim often requires more than your sworn statement alone. You may need to support your claim with additional evidence, such as:
Medical treatment records: documentation from the time of the abuse, as well as records of the ongoing physical impact of the abuse (if relevant).
Psychological treatment records: evidence of the psychological impact of the abuse and the treatment you’ve received.
Employment records: if you are unable to work or working less than before due to the abuse.
Receipts for related costs: including therapy, medication, and domestic care expenses.
Records of the offender's presence: school enrolment forms and photos, employment records, church newsletters or similar records to show the offender was in the same place as you.
There is no expectation for you to compile this evidence yourself, especially given the traumatic nature of sexual abuse. Our lawyers have the experience and specialised skills to identify the best evidence to prove your claim. We will reach out to doctors, psychologists, employers, and other institutions on your behalf.
While sexual abuse claims can be challenging to prove, the good news is that civil compensation cases have a much lower burden of proof than criminal cases. The court only needs to be convinced that the sexual abuse took place on the ‘balance of probabilities.’ This means that even if a criminal case has failed, your civil compensation case may still succeed.
Our No Win No Fee guarantee protects your finances
We know that financial concerns are a major barrier for sexual assault survivors seeking compensation. That’s why we proudly offer a genuine No Win No Fee guarantee, to ensure all sexual abuse survivors have access to expert legal representation. We cover all upfront fees, and you only pay if we secure your compensation.
Unlike other firms, our No Win No Fee guarantee covers more than just our legal fees — it includes all costs related to your claim, such as court filing fees, medical and psychological assessments, expert testimony and administrative costs. If we’re unable to successfully resolve your claim, you will never receive a bill from us.
Yes, time limits do apply to sexual abuse civil claims in Australia, but there have been significant changes to the laws to help survivors get justice.
The exact time limit depends on the state you’re in and the facts of your case.
Childhood sexual abuse claims
All states have abolished the time limits for child sexual abuse compensation claims. This means survivors can file a claim at any time, regardless of how much time has passed since the abuse occurred.
This reform also applies to historical cases, giving individuals who were previously barred by time limits the opportunity to seek compensation.
Adult sexual abuse claims
State
Time limit
NSW, QLD, SA, TAS, ACT, NT
3 years from the date of the sexual abuse
VIC, WA
6 years from the date of the sexual abuse
What if I’m outside the time limit?
If you’re already outside the time limit, there are several options available to you.
In recognition of the unique (and often delayed) impact of abuse on survivors, there are exceptions to the time limit that all sexual abuse survivors can apply for. These include:
Psychological impact: if the abuse had a severe psychological impact on you, hindering your ability to file a claim.
Other party misconduct: if the other party attempted to mislead you or prevent you from making a claim.
Material facts: if you were unaware of crucial facts related to your claim until after the time limit expired (e.g. not realising you were sexually abused).
Mistake: if your delayed claim was due to a genuine mistake on your part.
Justice: if the court believes it's in the interest of justice to allow your delayed claim.
These are just a few of the most common exceptions. If you’re outside the time limit, it’s crucial to speak with one of our lawyers as soon as possible. We can identify the most relevant exception for your case and apply to the court on your behalf. Over the years, we’ve successfully helped hundreds of clients get their delayed claims approved.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English
Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco made the process easy for me, I wouldn't have succeeded on my own.
My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.
Monaco made the process easy even though I have an acquired physical and cognitive disability. The communication was excellent throughout the process which only took about 3 months and they delivered a positive result for me. Without their services, expertise and experience I am sure I would not have succeeded on my own. The fee in the end was as expected for a result that will make a big difference. Thank you to Ben, Ginan and all those who assisted me in this first claim.
Today, after only 8 weeks, I got the best news: my claim was successful!
Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.
Monaco’s have checked in on me on many occasions making sure that I was kept well in the loop during each step.
My TPD claim was lodged 8 weeks ago and today the news I had been waiting for arrived that it had been successful.
I can’t thank the staff at Monaco’s enough for all their expert advice and would highly recommend them to anyone in a heartbeat. The results were above and beyond what I had expected which I solely believe was due to their expertise and experience in this area.
Thank you so much Monaco for making my life that little bit easier.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
The bill? Surprisingly reasonable, less than expected.
Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
We understand that talking to a lawyer about your sexual abuse can feel overwhelming and upsetting. That’s why our dedicated abuse lawyers undergo specialised training in trauma-informed practice and abuse law.
We have a deep awareness of both the immediate and enduring impacts of abuse, including its effects on employment history, relationships, finances, and mental health. With this expertise, you can be assured that we’ll listen to your story with empathy and compassion.
Following your initial consultation, we’ll work with you to prepare a full statement. Your lawyer will ensure this statement is fully complete and accurate to minimise the need for repeated conversations.
After this, our goal is to make your claim as straightforward as possible. You can choose your level of involvement, while we handle all interactions with institutions, insurers, and government bodies. Your lawyer will also attempt to settle your matter through out-of-court mediation, saving you the stress and expense of court proceedings.
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