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Precedent set for child sexual abuse victims
Survivors of childhood sexual abuse will face one less barrier to compensation following a landmark High Court decision.
Naomi Neilson
The High Court ruled against a permanent stay of proceedings brought by a woman who said she was violently assaulted at the age of 14 at the hands of Father Clarence Anderson, a priest of the Roman Catholic Church and the Diocese of Lismore.
“It essentially means a survivor’s claim, their entitlement to damages, and their road to justice are ceased permanently,” she said.
The victim, who cannot be named, has had a long fight to keep the proceedings on foot, starting with the diocese’s first unsuccessful application for a permanent stay late last year.
The diocese sought leave to appeal, and the stay was granted.
The High Court then heard an application for special leave on the grounds that the Court of Appeal made an error of principle in the significance it gave to Mr Anderson’s death in 1996.
The victim also argued the Court of Appeal’s approach “subverted the policy of legislative amendments in response to the Royal Commission into Institutional Responses to Child Sexual Abuse”.
Ms Dankha said that given the abuse claims are historical and that it may take decades for victims to come forward, “we must not be surprised if perpetrators of abuse are now deceased”.
This is especially in light of the royal commission’s recommendation that the limitation periods be removed.
“This was truly a step forward towards justice for victims of child sexual abuse as it meant there were no time limits in bringing historical child abuse claims in NSW, and subsequently, there followed a substantial number of claims involving historical abuse from decades in the past,” Ms Dankha said.
“But after these changes, we began to see defendants callously seek to end such claims by filing for a permanent stay of proceedings.
“We are incredibly pleased with this outcome, and feel it sets a precedent for other survivors to know they have access to the justice they deserve and will be heard if they come forward.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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