How Long After Sexual Abuse Occurs Can You Make a Claim for Compensation
Sexual abuse leaves deep and lasting scars, both physically and emotionally. Survivors often carry the burden of their experiences for years, even decades, before finding the courage to come forward. If you or someone you know has experienced sexual abuse in Australia, it is essential to understand your legal rights and the timeframes within which you can seek compensation.
No Time Limit for Sexual Abuse Claims
In Australia, survivors of sexual abuse—whether domestic or institutional—are no longer constrained by statutory time limits for making compensation claims. This change reflects a growing understanding of the unique challenges abuse survivors face, including trauma, shame, and fear, which may delay their ability to report or act on the abuse. Importantly, in cases involving children, the removal of time limitations was implemented nationwide in 2016, ensuring survivors can seek compensation regardless of how much time has passed.
The Significance of Age and Consent for Child Abuse Cases
A critical aspect of Australian law is the recognition of the profound impact of abuse suffered by individuals below the age of sexual consent. Survivors who endured abuse as children are not subject to any time restrictions when pursuing a compensation claim. This acknowledges the vulnerability of children and ensures they have access to financial redress regardless of how long it takes them to come forward.
Domestic vs. Institutional Abuse
Domestic Abuse
Domestic sexual abuse often occurs within private or family settings, involving perpetrators such as relatives, caregivers, or close acquaintances. Claims for domestic abuse compensation are typically made against the individual responsible for the harm. However, in some cases, survivors may also be able to claim against institutions or systems that failed to protect them, such as child protection services (CPS).
Institutional Abuse
Institutional abuse occurs in settings like schools, churches, orphanages, or sports clubs, where the organisation’s negligence allowed the abuse to happen. Compensation claims for institutional abuse often involve the organisation’s liability for its failure to prevent harm or for creating an environment where abuse could occur.
Why No Time Limit Matters
Removing time limits ensures survivors are empowered to seek financial redress when ready. Trauma can prevent survivors from speaking out for years. By eliminating these restrictions, Australian law acknowledges the unique challenges faced by survivors and prioritises their ability to pursue compensation over procedural constraints.
Steps to Make a Claim
- Contact Us Call us at +612 9283 5599 or use our free and confidential call-back request form at the bottom of this page. Our experienced team will listen to your situation and guide you on the best course of action.
- Gather Evidence Evidence may include medical records, witness statements, or historical documentation. We will help you identify and collect the necessary evidence.
- File Your Claim We will lodge the claim on your behalf, ensuring it is submitted correctly and to the appropriate entity—whether it is an institution, individual, or insurer.
- Negotiation and Resolution Most claims are resolved through negotiation or mediation, avoiding the need for court proceedings. However, some rare cases may proceed to trial if an agreement cannot be reached.
Support for Survivors of Child Sexual Abuse
Seeking compensation can feel overwhelming, but you do not have to go through the process alone. Our team is here to provide confidential and compassionate assistance, ensuring you receive the support and guidance needed to take the next step.
Contact Us for Guidance
If you are considering making a claim for sexual abuse compensation, we are here to help. Call us at +612 9283 5599 or use our free and confidential call-back request form at the bottom of this page to speak with our experienced legal team.