Sexual Assault 

Sexual assault is any unwanted, uninvited, coercive or forced sexual act that occurs against your will. In other words, it is any sexual behaviour that is forced upon you without your consent – without you freely agreeing to participate in the sexual activity and/or without you understanding what is involved in the act. Consent cannot be given if you are intoxicated, asleep or unconscious. It can also not be given if someone uses their physical strength, age, size, or position of power or trust to force or coerce you into a sexual behaviour.

Sexual assault or abuse is a criminal offense that can be committed by anyone, including a stranger, friend, acquaintance, family member, intimate partner, work colleague, employer, carer, clergy member, teacher, or medical professional. Sexual assault or sexual abuse can range from sexual touching, through to forceful or violent conduct and rape.

Physical Assault: 

Physical assault occurs when a person uses physical violence and causes injury or harm to another person’s body. A physical assault may include types of harm such as pushing, shoving, slapping, punching or kicking. 

Physical assaults can occur in a range of different social settings. These could include places such as at home, in public, within a licensed venue such as a bar or pub, shopping centre etc. 

If you have been the victim of sexual or physical assault, you have a right to seek justice, and to have access to legal support and compensation.

If you have been a victim of a physical or sexual assault and suffered personal injuries as a result (physical or psychological), you may be eligible to bring about a compensation claim. If you were injured in a public place, you may be able to bring a claim against theorganisation which owed you a duty of care at the time the assault occurred. Alternatively, you may be eligible to bring a claim against the actual individual who assaulted you. This type of common law claim is called an intentional tort claim. 

An intentional tort claim is brought against the actual individual who assaulted you. To successfully progress with a claim as such, it is helpful if you have reported the assault to the Police, the individual has been charged for their tortuous actions and the individual has some assets to pay the compensation Wyatts will work towards securing for you.

To get started and determine your eligibility, contact our expert physical and sexual assault lawyers today. Our legal team will support you through the challenging process of seeking compensation. We will listen and respond to your situation with compassion, dedication and care.

Claims made under the NSW Victims' Support Scheme

In New South Wales, sexual and physical assault claims can also be made under the NSW Government’s Victims’ Support Scheme. While victims of sexual and physical abuse are entitled to claim compensation under this scheme, it is helpful to have an experienced lawyer by your side. A competent lawyer will have a great deal of knowledge about the rights of victims, and can explain these rights to you. They can provide you with comprehensive advice on seeking compensation, appearing in court, and lodging complaints, dispute and appeals. Importantly, a lawyer should listen carefully and compassionately to your story, advocate for you and direct you to services that can provide you with additional support.

Securing compensation for victims of sexual and physical assault can go a long way to helping them on their road to recovery and seeking justice for the horrible actions they were subject too. 

Compensation seeks to help cover:

• Counselling services to assist with trauma and psychological injury
• Financial support for immediate needs – medical expenses, costs associated with ensuring safety and wellbeing
• Financial support for economic loss – ongoing medical expenses, living costs, lost income
• Recognition – lump sum payment to acknowledge their pain and suffering. 

For a comprehensive and compassionate service, contact Wyatts today. We are committed to achieving the best possible outcome for you.

If you have been a victim of physical or sexual assault, the amount of compensation you may be entitled to claim is different for each individual and is assessed on a case-by-case basis. There are various factors that determine the total lump sum payment you can claim. Some factors may include lost income, lost superannuation, medical needs and expenses and the extent of your psychological injuries. 

To gain a better understanding of the potential value of your claim, speak with our expert legal team today. We are committed to achieving the best possible outcome for you.

Claims made under the NSW Victims' Support Scheme

Under the NSW Government’s Victims’ Support Scheme, you are eligible to receive:

• A maximum of 22 hours of counselling
• Immediate financial assistance up to $5000 for primary victims
• Financial support for continuing costs up to $30,000 for primary victims or parents of a child victim
• A recognition payment up to $10,000 depending on the nature of the assault

Wyatts Compensation Lawyers can provide you with legal advice and assistance when you are submitting your claim. Importantly, they can assess your case and advise as to whether you are eligible for additional compensation through an alternative scheme. They can also advise as to whether civil litigation should be sought through the court system.

When making a claim for compensation arising from physical or sexual assault, the limitation period to bring about the claim is 3 years from the date the action occurred, or was discoverable.  

When deciding how or whether it is worth making a claim for injuries arising from a physical or sexual assault, we must consider how the injuries were sustained, the severity of the injuries, the claimable damages available to you, and the limitation period. 

To determine whether you are eligible to make a claim, speak with our expert legal team today. They will be able to advise you as to what your best options are and whether you are within the limitation period. We will listen and respond to your situation with compassion, dedication and care.

Sexual Assault

As part of the Victims’ Support Scheme, victims of sexual assault can apply for compensation. However, there are time limits in place for accessing particular forms of financial assistance. For example, if the victim is an adult, claims for financial assistance for economic loss must be made within 2 years of the incident. However, if the victim was a child (under 18 years of age), there are no time limits imposed. Given that different time limits apply for different forms of assistance, it is important that you act as soon as possible. The team at Wyatts can help you understand your rights as a victim, and can provide expert, personalised, and compassionate legal support.

Institutional Child Sex Abuse

As part of the NSW Government’s response to the Royal Commission into Institutional Responses to Child Sexual Abuse, time limits for civil claims have been removed. This change to the law was brought into effect under the Limitation Amendment (Child Abuse) Act 2016. This means that you can pursue a compensation claim no matter how long ago the abuse occurred.

Our team of lawyers understands that talking about child sexual abuse and sexual assault can be difficult, and it takes great courage to speak-up. We will listen to you with compassion and sensitivity, and will support you in your journey. Please contact us today to take the first step towards claiming compensation.

Child sexual abuse compensation claims can be made by any person who has experienced sexual abuse when they were under 18 years of age, and while in an institutional setting – regardless of when the abuse occurred.

An institution is any public or private agency, association, club or organisation that provides, or has provided, activities, facilities, programs or services of any kind that allows adults to have contact with children. Child sexual abuse in an institutional setting can happen either on the premises of an institution, or where the activities of an institution take place.

If you or a loved-one has experienced child sexual abuse, Wyatts Compensation Lawyers are here to help. We understand that taking the first steps towards compensation can be challenging, so we offer our legal services with compassion and sensitivity. Please contact us today to speak with one of our lawyers. We will listen with compassion, care and sensitivity.