The Supreme Court of New South Wales has awarded more than $1.48 million compensation to a victim survivor of sexual assault, aiding in their recovery from an incident that occurred almost 19 years ago. The Court deemed it appropriate to award the plaintiff compensation for both past and potential future economic loss, as well as damages for his pain and suffering and care and assistance. In this article, Evolve Legal Partner Jake Gardiner explores the complexities of the case and provides a detailed breakdown of the damages awarded to the plaintiff and the reasoning behind them.

Compensation for Sexual Assault: TT v The Diocese of Saint Maron, Sydney & SS (No 3) [2024] NSWC 943

A decision handed down by the Supreme Court of New South Wales in August 2024, has awarded the Plaintiff in the case of TT v The Diocese of Saint Maron, Sydney & SS (No 3) [2024] NSWC 943 approximately $1.48 million in compensation. The Plaintiff, known as TT to protect their identity, alleged that they were sexually assaulted on a single occasion by a member of the clergy of a Catholic Church in the Sydney suburb of Croydon in October 2005.

The Plaintiff alleged that the clergyman, who was then a Deacon, molested him in a motor vehicle. The incident occurred when the plaintiff was 15 years of age and took place after the perpetrator had commenced driving the plaintiff home from the Church, following a church-related function. The assault took place after the perpetrator pulled his car over and sexually assaulted the plaintiff in the front seat of the vehicle.

The Plaintiff sought damages against the perpetrator and also against the Diocese that operated the Church, and engaged the perpetrator in his role as Deacon. Both Defendants denied the claim and argued that no abuse occurred. Additionally, the Plaintiff alleged that they were a victim of grooming behaviour by the perpetrator before the assault. However, the Court ultimately did not find sufficient evidence to support the grooming allegations.

The Court’s Findings

The Supreme Court of New South Wales found that the sexual assault that occurred in October 2005 had indeed taken place and that it caused the Plaintiff to suffer psychiatric injury in the form of Post-Traumatic Stress Disorder (PTSD). Although the plaintiff also suffered from drug and gambling addictions, the Court did not find sufficient evidence to link these conditions directly to the abuse. However, Elkaim AJ acknowledged that the abuse made the plaintiff more susceptible to these unrelated conditions.

In addition to the perpetrator, the Diocese was held liable for the Plainitiff’s abuse under the doctrine of vicarious liability, as the perpetrator’s position enabled him to commit the abuse against the plaintiff.

The Court also recognised the plaintiff’s entitlement to damages for unpaid care assistance, received due to his PTSD, and made an allowance for future care and assistance.

Ultimately, the Court ruled in favour of the Plaintiff, ordering both Defendants to pay a total of $1,480,250.65 in damages. The Defendants were also ordered to cover the Plaintiff’s legal costs of the action.

Damages Awarded

General damages – $350,000

Interest on general damages – $66,500

Past economic loss – $100,000

Past loss Superannuation – $36,000

Future economic loss – $350,000

Passed out of pocket expenses $30,000

Future treatment expenses – $100,000

Past gratuitous care – $62,560

Future care – $70,191.65

Aggravated damages – $15,000

How Evolve Legal Can Assist With Sexual Abuse Claims

When sexual abuse occurs once, like in the case of TT v The Diocese of Saint Maron, Sydney & SS (No 3) [2024] NSWC 943, it can have a profound and lasting impact on a victim survivor’s life. Such trauma can affect both their physical and psychological well-being, ultimately altering the course and quality of their life. It not only impacts the individual but also those are around them. Seeking compensation can provide victims with the resources needed to access professional assistance and begin rebuilding their lives. Consulting with an experienced abuse lawyer is essential to understanding legal options and securing appropriate compensation.

At Evolve Legal, our team has extensive experience in handling such sensitive matters. We can guide victim survivors through the legal process with the utmost discretion and empathy, ensuring they receive the support they need. We have a deep understanding of abuse laws in all Australian jurisidctions and are dedicated to helping you regain control of your life. If you or someone you know has experienced sexual abuse and wishes to seek rightful compensation, please contact us for a confidential free initial consultation.

 

 

Posted in: Latest News

August 16 2024