WA woman awarded $2.5m in damages for historical sexual abuse in one of the State’s highest-ever payouts

After years of being unable to deal with the trauma she developed from being sexually abused as a child, Maree (not her real name) decided she needed to take control of her life. So, four years ago, after a breakdown, she pulled herself together and decided to launch civil action against the man who robbed her of her innocence, suing him for battery. A trial was held last year, and last month a judge found in her favour awarding her almost $2.5 million in damages — believed to be one of the highest-ever payouts for historical sexual abuse in WA. But it was never about the money for Maree — it was about obtaining justice, made possible thanks to the time limit being removed to bring civil claims against perpetrators for historical sexual abuse. Speaking exclusively to The Sunday Times days after her legal victory, Maree explained she was no longer scared of the man, once married to her aunt. She also finally feels empowered, something she has never felt her entire life. “It made me feel like I have control back . . . by doing what I’ve done,” Maree explained from her regional home. “Because I did stand up to him, and I said what I needed to say to him. He’s the coward now, and I’m not the scared one. “Everything that was brought up in court, he didn’t have anything to say. He knew everything he’d done, what I said he’d done. “He only got charged (originally) for a minimal amount of that stuff, so therefore, going through the court again . . . he’s admitted to that.” The man was jailed for 19-months three decades ago after pleading guilty to one charge, but he was released on parole after just six months. Yet the abuse Maree endured went on for years, beginning when she was about five, irrevocably changing the course of her life. In his decision, District Court Judge Terry Palmer found what the mother-of-two suffered as a child “altered the trajectory” of her life by affecting her ability to complete school, form relationships and have a normal childhood and adult life. He also said it affected her so much that not only was she currently unfit for work, but “unlikely to be fit for work anytime in the future” — a conclusion reached by a consultant psychiatrist and the woman’s GP. Both diagnosed Maree with post-traumatic stress disorder, an anxiety disorder with panic attacks (panic disorder) and a substance misuse disorder as a result of the sexual abuse. In determining the damages, Judge Palmer said he was satisfied Maree would have finished Year 12 had it not been for the abuse, and that she would have maintained stable employment and earned average earnings for a person who left high school at Year 12. He awarded Maree $300,000 for non-pecuniary loss, $638,735 for past loss of earning capacity, $430,737.05 interest on that past loss earning capacity, $716,443.02 for future loss of earning capacity, $220,404.87 on past and future loss of superannuation (including interest on past loss of superannuation) and $123,618.35 for future medical expenses — totalling $2,429,936.29. When the abuse began, Maree says, she didn’t know it was wrong because this trusted member of her family kept telling her it was OK, so she went along with it. When she did reveal what happened, she says, some members of her family didn’t believe her. It was only when the man pleaded guilty that they did. She was 11 when she gained the courage to tell her parents.. The man was soon arrested and in May 1994 pleaded guilty to one count of sexual penetration in circumstances of aggravation in the WA Supreme Court. But things did not get easier for Maree as the years passed. “I always felt like everyone was looking at me, like I’d done something wrong, you know, because I broke up my aunty’s marriage, because my cousin didn’t have their dad anymore,” she said. “And then I was just looked at like I was just the problem child. I suffered at school. I got suspended all the time, and then I started using drugs and alcohol. That was my escape.” On top of the alcohol and substance abuse, Maree also suffered from mental health issues including complex PTSD which made having a normal life almost impossible. She found maintaining relationships hard and trusting people even harder. “For a long time, I didn’t know why I was the way I was,” she explained. “I would just get up in the morning and be angry at the world for no reason, and then I’d cry. “I can’t remember a day I haven’t gone to bed without crying myself to sleep, because everything’s just so much, even on medication. “Having complex PTSD, I never understood it (before). I could be anywhere, and I’d just have a flashback, or something would trigger me. Or my anxiety would get to the point where I pass out.” Even during the civil trial, Maree had severe a panic attack and passed out in court, forcing that day’s proceedings to be cancelled. Maree explained she had been terrified of seeing this “big scary man” who ruined her life, but she was compelled to face her fears. While she has been seeing therapists for years, she credits her GP as the person who has supported her the most and been her guiding light since she was 14. And now that the civil trial is over, she wants to use some of the money to further her healing. “I want to have some proper treatment . . . to go and just get some help to learn how to manage my everyday life, proper inpatient treatment,” she said. “I really, really do need a lot of help. I can’t just keep getting up every day and existing. “I want to learn how to manage my life and learn how to control my condition a lot better than what I had been.” Maree also hopes to use some of the money to give a voice to other survivors of child sexual abuse by providing a safe space for people to gather and talk. But before she does that, she says she needs to focus on healing herself. Her lawyer, Shine Lawyers’ abuse law legal practice manager Isobel Hall, said Maree had shown enormous strength and courage pursuing her civil law claim. Though the judgement cannot undo the trauma, Ms Hall said it was recognition of the pain Maree has endured. “The compensation awarded to my client is one of the biggest awards we have seen handed down by the WA District Court for a historic sexual abuse claim,” Ms Hall said. “The amount awarded demonstrates the courts are taking these matters seriously and they do understand the pain survivors of sexual abuse have been through. “Seeking compensation is an alternative avenue for survivors of abuse in seeking justice. My client has shown that this avenue should be considered for any survivors who have experienced pain and suffering.” 1800 RESPECT