What you need to know
Abuse law claims are not just legal matters; they are deeply emotional and personal journeys for survivors seeking justice and healing. These claims revolve around some of the most painful and traumatic experiences individuals can endure, including physical, sexual, emotional, or psychological abuse. Abuse claims are typically pursued to seek compensation and justice for the harm suffered.
Most abuse law claims in Australia are civil claims, which means they are brought by the victim (plaintiff) against the alleged perpetrator or the institution legally responsible for the abuse.
There have been some very important amendments to the law regarding time limits in most state jurisdictions in recent years. For example, in Queensland, the amendments now permit a victim of sexual abuse or serious physical abuse to bring a damages claim at any time. This enables a victim who suffered abuse at age 8 to bring a claim at any age, even if the incidents occurred decades ago.
That said, it is essential to seek legal advice as soon as possible if you wish to pursue a damages claim. While no amount of money can take away what has happened, our compassionate and determined team are here to listen to your story and help you access the legal and emotional support you need to navigate this path.
What is considered abuse under Queensland Law?
Abuse covers various forms, including physical, sexual, emotional, psychological, and financial abuse, among others. It can occur in different settings, such as homes, institutions, workplaces, or relationships.
That said, in order to be able to bring a damages claim for abuse without having to worry about time limits, the type of abuse is relevant. If the abuse generally fits within “sexual or serious physical abuse”, there will be no issues with time limits. Our team can discuss any time limits that may apply to your specific circumstances.
Can I sue an institution or organisation for abuse that occurred under their responsibility?
Yes, you can sue institutions or organisations for failing to prevent or adequately respond to abuse that occurred under their responsibility. This is often referred to as vicarious liability.
What types of compensation can I seek in an abuse law claim?
In Queensland, compensation in abuse law claims may include damages for medical expenses, therapy costs, lost income, pain and suffering, and other related losses. The specific compensation depends on the circumstances of the case and will be assessed according to your unique situation and injuries. In some cases we can request an apology or acknowledgement from the institution.
Do I need evidence to pursue an abuse claim?
While evidence can strengthen your case, you don’t necessarily need extensive proof to pursue a claim. Our experienced team can help you gather relevant evidence and build a compelling case.
What support services are available to abuse survivors?
There are various support services and organisations dedicated to assisting abuse survivors. These services can offer emotional support, counselling, and guidance on the legal process.
- Lifeline;
- Blueknot;
- 1800 Respect;
- 13 YARN;
- Suicide Call Back Service;
- Or talk to your GP.
Can I remain anonymous during the legal process?
In some cases, Courts may impose suppression orders or use pseudonyms to protect the identities of abuse survivors, especially when involving minors or vulnerable individuals.
Should I report the abuse to the authorities?
Reporting abuse to the authorities, especially in cases of sexual abuse, can lead to criminal investigations and prosecutions. In Queensland, all adults are required to report sexual abuse or suspected sexual abuse of a child, with some exceptions. Abuse survivors can choose whether or not to report their own abuse.
Call PoliceLink on 131 444 if you need to report the abuse of a child. Please know that you can do this anonymously if you wish. You can also contact Child Safety if you are concerned about the welfare of a child.
What happens if the abuser is found guilty in criminal court?
If the abuser is found guilty in criminal court, it will strengthen your civil abuse claim. The criminal conviction can be used as evidence in your civil case.
Do I need a criminal conviction?
A criminal conviction is not necessary to succeed in a civil claim. Even if the perpetrator is found not guilty, you may still be able to have access to damages. The reason for this is the different ‘standards of proof’ required in a criminal and civil matters. We would be happy to talk you through this.
