Case Overview
- In the 1980s, our client was sexually and physically abused while in primary school.
- The defendant admitted to the abuse but did not take responsibility for the abuser.
- Our client was given $265,000 in compensation for the abuse he suffered as a child.
A man recently settled a sexual assault claim for $265,000 for abuse that he suffered from a primary school teacher whilst attending a Catholic school in Western Sydney in the late 1980s.
The plaintiff was both sexually and physically abused during and after school lessons and in the bathroom at lunch. The plaintiff attempted to report the abuse to the school principal at the time, but was called a liar and punished for seeking help.
Whilst the defendant admitted that it owed the plaintiff a duty of care, the defendant denied that they were vicariously liable for the actions of the offending teacher.
“The abuse affected our client’s quality of life from the ability to hold a job to addiction to hard drugs.“
Georgette Bechara
Our Approach
While the defendant denied responsibility, this did not stop us from persevering with our client’s claim and arguing that the abuse took a negative toll on the plaintiff’s life. The abuse affected our client’s ability to work, maintain healthy relationships with others and resulted in the plaintiff’s dependency on heroin as a way to numb the pain and torment of the child abuse.
While the sum of money received by victims of childhood sexual abuse will never resolve the traumatic experience of the abuse or reverse past wrongs, it helps victims find some sense of closure.
If you have an enquiry in relation to a potential child abuse or sexual assault claim, please call us at 1800 004 878 or fill out an enquiry form to speak to one of our experienced lawyers.
The Result
Our client received a settlement of $265,000 for abuse that he suffered from the primary school teacher.
Frequently Asked Questions
More Information
Learning institutions serve as sanctuaries, where people of all ages can go to learn and discover new skills that can help them become more well-rounded individuals. Teachers and administrators play an important role in ensuring that this goal is achieved, and more often than not, they make all of us proud. Every day millions of parents trust their local schools with their children’s well-being. But what happens when the school falls short? From serious injury to child abuse and sexual abuse, incidents at school can have a lifelong impact. But when is the school itself liable?
What many victims may not realise is that a school can be held responsible even if they didn’t directly cause the injury — so long as their lack of reasonable preventative action contributed. Proving this, however, can be challenging.
Ultimately, if you, your child, or another loved one was harmed as a result of school negligence, you have options. The expert solicitors at Gerard Malouf & Partners can help.
A statute of limitations effectively sets a time limit on the start of legal proceedings. For offences that have a statute of limitations, claims have to be brought before the time limit expires.
If you or a loved one has been the victim of sexual assault or physical or mental abuse as an adult, the statute of limitations is three years. If the victim was a child at the time of the offence there is no time limit.
The National Redress System was set up in the wake of the Royal Commission into Institutional Responses to Child Sexual Abuse (2013 to 2017). It is designed to offer support and financial compensation to victims. Claims can be made until June 2027.
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