It is not uncommon for survivors of child sexual abuse to be unable to recall the name of the individual who abused them or specific details about dates, times, places etc. Many survivors were only young children when the abuse occurred. So, if a potential claimant can’t recall very specific details about the abuse, are they able to bring a compensation claim due to the abuse?
We examine a 2024 Victorian Court of Appeal case where a child sexual abuse survivor was granted permission to revisit a claim for pain and suffering damages, settled almost a decade earlier. However, he was not able to claim for economic loss (loss of earnings) in the new proceedings.
There are two compensation options available to survivors of childhood sexual abuse in Australia. They are the National Redress Scheme (‘NRS’) and a civil common law claim. The compensation payable under each option varies significantly. Learn more detail about each option.