Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 6 August 2016.
Jason is 40 years old. He mentions to his solicitor, who is undertaking a different legal matter for him, that he was the victim of sexual abuse over a period of about 1 year when he was 12 years old.
He tells his solicitor that the abuse has had a significant effect on his mental health and it severely affected his grades at school. Prior to the assaults, Jason was top of his class at school and in early high school his grades fell drastically.
The assaults were reported to the Police by Jason’s parents after Jason informed his parents of the assaults, some years after they occurred. The Police investigated the matter, but did not take criminal action, as they considered that there was not enough evidence for them to get a conviction.
Jason says he was told a few years ago that he would not be able to take civil action because of the amount of time that had elapsed since the abuse.
Jason’s solicitor informs him that the Limitation Act in NSW was amended earlier this year, so ” that the previous limitation period for taking action for damages for child abuse is now abolished, retrospectively.” This means that Jason can now take action against the person who assaulted him.
Jason’s solicitor further informs him that there is a less onerous standard of proof in civil matters, being that the assaults only need to be proved on the balance of probabilities, rather than the criminal standard of proof beyond reasonable doubt. This means that there would be reasonable prospects of him succeeding in making a claim.
Jason’s solicitor advises him that he can take action against the perpetrator, but that it is important to ascertain that the perpetrator has sufficient assets to pay an award for damages.
Fortunately, Jason’s solicitor discovers that the perpetrator has substantial assets and court action is commenced. Jason is ultimately successful in obtaining an order for substantial damages plus an order regarding the payment of his legal costs.
