I was sexually abused as a child. Can I bring a compensation claim as an adult?

Ordinarily a compensation claim for injuries sustained by a child needs to be made within three years of the child turning 18 years of age.  This timeframe is set by legislation and means that any compensation claim needs to be brought before the injured person’s 21st birthday. Legislation has been introduced in South Australia which removes the usual three-year time limit for bringing a claim if the claim relates to sexual abuse or serious physical abuse occurring when the person was under 18 years of age.  This means that the person affected by childhood sexual abuse is not restricted in when they can bring their claim.  

The team at MKF Lawyers has assisted hundreds of survivors of childhood sexual abuse secure compensation for the impact caused by that abuse.  Over the years we have found that the majority of our clients are not ready to discuss the sexual abuse or bring a claim until later in life, usually many years after they turn 21 years of age.  Until the change in legislation to bring a claim outside the usual three-year period was made, it was necessary for the person to seek an extension of time to bring their claim.  This meant that the extension of time not being granted was taken into account during settlement discussions and often resulted in survivors of childhood sexual abuse settling their claim for less compensation than they would have otherwise been entitled to.

The change in legislation now enables survivors of childhood sexual abuse to bring a claim when they are ready, without the pressure of timeframes.  Arguments in respect of prejudice can however be made by the person or organisation the allegations are made against if the claims are not made for many years.  This is on the basis that over the years evidence may be lost, the memories of important witnesses may fade and/or the people involved may have died.  These arguments may create significant hurdles in the legal claim and so it is best to speak to a lawyer about bringing a claim as early as you can.

At MKF Lawyers, we have a senior female and senior male lawyers who can discuss your claim enquiry, provide legal advice and manage your claim to its final conclusion. If you are a survivor of childhood sexual abuse, contact the team at MKF Lawyers on 08 7093 2998 or at info@mkflawyers.com.au for advice about making a claim.

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