The realisation that you have possibly been sexually abused can create various legal issues. It can be very unclear as to whether your experience fits the criteria for a legal case, or if too much time has passed since the incident took place. There have been major changes in the law in Australia which enable victims in certain situations to seek justice. Establishing the legal status of your case is the first step in deciding what to do.
This blog explains the key factors that may determine whether you have a sexual abuse claim and what you should consider next.
Every case is unique, and no one thing determines whether or not a claim is valid. In Australia, several things are taken into consideration, which include the type of abuse, when it took place, who committed it, and the Evidence Needed to Support a Sexual Abuse Lawsuit. These can all help determine an individual’s legal position.
The first question is whether such behaviour constitutes sexual abuse under the law. Many victims do not know because the abuse was usually coupled with some form of grooming or repetitive behaviour.
Some examples would be:
Many victims feel that they cannot take legal action against their abusers due to the fact that too much time has elapsed since the abuse happened. However, the Australian legal system has made a number of changes to accommodate the impacts of abuse.
Depending on your circumstances, this includes:
Evidence becomes very important in evaluating and proving a claim of sexual abuse. Given the different circumstances, different forms of evidence may be used to prove what happened and how it has affected you. Personal Injury Lawyers in Perth can evaluate the available evidence and determine whether it could help prove your case.
The different forms of evidence that may be used include:
When a case seems to be promising, the next step should be to identify possible avenues for legal action. The choice of avenue will depend upon several variables including the site of the abuse, who is accountable for it, and what sort of remedy you are seeking.
In Australia, there may be various legal remedies as follows:
You can seek civil damages for the physical, psychological, and economic harm suffered through abuse. In your case, you might need to file a claim against an individual abuser or the organisation that had some duty of care towards you.
In case of the abuse that took place in an institution like a school, church, sports club, etc., then the institution may be found accountable if it failed to take necessary measures for the protection of children under its care.
The eligible persons suffering from child sexual abuse in institutions may seek redress from this scheme that includes compensation payment, counselling services, etc.
Even if you are unsure of your legal rights of sexual abuse victim, seeking out legal advice can be a source of considerable clarity. Legal advice can help you do the following:
It’s normal to be unsure if you’re eligible to file a sexual abuse claim, mainly if the abuse happened very long ago and was surrounded by very difficult circumstances. Australia now has several laws in place through which eligible survivors may be able to access justice.
Getting the right info about applicable law is definitely one of the key steps you need to make a good choice. If you think that perhaps a sexual abuse claim could be right for you, the best thing to do is to contact a sexual abuse lawyer in Perth, so that they can go over all possible options with you and tell you clearly what process each option would involve.
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