Can I claim compensation for sexual abuse that happened a long time ago?
I was the victim of child sexual abuse which occurred more than 30 years ago. I have undergone counselling and am now ready to report the matter to police. Do the time limitations for seeking compensation through either victims’ services or civil litigation apply to me?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Shamaila Khan.
- Each state has significantly different rules on the time limitations that apply to victims seeking compensation.
- For example in Queensland a victim of child abuse can apply for compensation against a convicted offender within 6 years from the day they turn 18. In SA the time period is 3 years.
- Most states provide for the courts to extend the time limit and allow for a compensation claim if the victim has a good reason for delay.
- You will need to talk to a lawyer about whether it is worth applying to the courts for an extension of time to bring a claim in your particular circumstances. You can book a preliminary consultation with a lawyer specialising in victims’ compensation in your area by using our Phone a Lawyer service.
- It is important to keep in mind that the courts will consider whether allowing an extension of time would be unfair to a defendant if the alleged incidents occurred many years ago.
- It is important to provide as much evidence and detail of the incident as possible when reporting the matter to police to increase the likelihood of police investigating the matter and laying charges.