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Specialist Sexual Assault & Abuse Lawyers in Sydney & Nationwide

Compassionate Lawyers for Survivors of Sexual Assault & Abuse

Trusted & Recommended by Clients. Let by Accredited Specialists

4.6  – 120 Reviews

The O'Brien Advantage

Proven Track Record

Our firm has a history of successfully representing survivors of sexual assault and abuse, securing the compensation and justice they deserve. We are committed to holding perpetrators and institutions accountable for their actions and failures.

Trauma-Informed Expertise

Our lawyers are trained in trauma-informed practices, ensuring we handle your case with the sensitivity, respect, and understanding it requires. We possess deep knowledge of the complexities of sexual assault and abuse law, allowing us to navigate your claim effectively.

Confidential & Compassionate Approach

We provide a safe, confidential, and supportive environment for you to share your story. Your well-being is our priority as we listen with empathy and tailor a legal strategy that aligns with your unique situation and goals.

No Win, No Fee*

We offer a no win, no fee arrangement for abuse claims, removing financial barriers to accessing expert legal representation. This means you will not pay our legal fees or any associated costs unless we win your case.

Sexual Assault & Abuse Claims We Handle

Sexual Assault Claims

We represent survivors in civil claims against perpetrators, seeking compensation for the physical, emotional, and psychological trauma resulting from sexual assault. Our goal is to ensure you receive acknowledgement and resources for your recovery.

Rape Victim Representation

Our specialist lawyers provide robust and empathetic representation for survivors of rape. We guide you through the civil claims process to secure justice and significant compensation for your suffering and its lifelong impact.

Domestic Violence Civil Claims

We assist survivors of domestic and family violence in pursuing civil action against their abusers. We fight to obtain compensation for physical injuries, psychological trauma, financial loss, and the cost of ongoing recovery.

Institutional Abuse Claims

We hold institutions accountable for failing to protect individuals from sexual abuse. This includes pursuing claims against schools, churches, government bodies, sports clubs, and other organisations that have failed in their duty of care.

Image-Based Abuse Claims

We act for victims of image-based abuse, which includes the non-consensual creation or distribution of intimate images or videos (often called ‘revenge porn’). We move swiftly to seek justice, compensation, and the removal of the harmful content.

Our team has extensive experience managing claims for historical abuse. We skillfully navigate the specific legal challenges involved in cases where the abuse occurred many years or even decades ago, ensuring that time does not prevent you from seeking justice.

Protecting Your Rights: How We Fight for Survivors

At O’Brien Criminal and Civil Solicitors, we are dedicated to empowering survivors through the legal system. Our primary goal is to secure justice on your terms, ensuring your voice is heard and respected throughout the process.

Thoroughly Investigating Your Claim

We meticulously gather and analyse all available evidence to build the strongest case possible on your behalf. This includes your own detailed account, obtaining medical records and expert reports, and identifying any other information that supports your claim, ensuring no detail is overlooked in our pursuit of justice.

 

Securing Maximum Compensation

We fight to ensure you receive the maximum compensation you are entitled to. This goes beyond just acknowledging the abuse; it involves a comprehensive assessment of the lifelong impact on your physical and mental health, income, and quality of life to secure the financial resources needed for your recovery.

Advocating Fearlessly in Court

While many cases settle out of court, we are always prepared to advocate for you fearlessly in front of a judge if a fair settlement cannot be reached. Our experienced litigators will represent your interests with strength and conviction, ensuring your story is told and your rights are protected during court proceedings.

 
 
 
 

Meet Our Specialist Abuse Lawyers

Our legal team, led by Principal Solicitor Peter O’Brien, has a profound commitment to advocating for survivors of sexual assault and abuse. With decades of combined experience, our lawyers blend legal expertise with a compassionate, trauma-informed approach.

We understand the courage it takes to come forward and are dedicated to providing unwavering support while fighting for the best possible outcome for you.

Our team includes lawyers recognised by the Law Society of NSW as Accredited Specialists. This title is only awarded to solicitors who have demonstrated exceptional expertise in their field through a rigorous assessment of their legal knowledge, practical skills, and experience. It is your assurance of receiving representation of the highest standard.

A circular logo with the text "Personal Injury Law Accredited Specialist" encircling an abstract design in black and blue.

The Sexual Assault Claim Process

1. Free, Confidential Consultation

Contact us for a free, no-obligation consultation. We will listen to your story in a safe environment, explain your legal options, and discuss our no win, no fee policy.

2. Investigating & Building Your Case

If you decide to proceed, your lawyer will carefully gather evidence, consult with experts, and build a strong case while prioritizing your comfort and well-being.

3. Clear & Supportive Communication

We ensure you are kept informed at every stage. Your lawyer will provide clear advice and work collaboratively with you, ensuring you feel in control of the process.

4. Pursuing Justice & Resolution

We will tirelessly pursue the best outcome, whether through a negotiated settlement, mediation, or representing you in court, always focusing on securing the justice and compensation you deserve.

Remember: The path to justice after sexual assault or abuse is deeply personal and can feel overwhelming. Seeking specialist legal advice is a crucial step in understanding your rights and options. Our experienced and compassionate lawyers are here to support you every step of the way, fighting to protect your voice and secure the acknowledgement you deserve.

Immediate Steps for Survivors of Assault & Abuse

If you have experienced sexual assault or abuse, your safety and well-being are the top priorities. The following steps are suggestions for what you can do when you feel ready.

General Guidance for Abuse Claims

Remember, you do not have to go through this alone. The expert abuse claim lawyers at O’Brien Criminal and Civil Solicitors are here to provide support, guidance, and powerful representation. We can help you secure the justice you deserve, often on a no win, no fee basis.

 

Voices of Justice: Client Reviews

Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.

FAQs

What is a civil claim for sexual assault or abuse?

A civil claim is a legal action you can take in court to seek financial compensation for the harm you have suffered due to sexual assault or abuse. Unlike a criminal case, which aims to punish the offender, a civil claim focuses on providing you with compensation for:

  • Pain and suffering
  • Psychological and emotional trauma
  • Medical and therapy costs (past and future)
  • Loss of income and earning capacity
  • Other related expenses

The goal is to secure resources to support your recovery and acknowledge the profound impact of the abuse

How long do I have to make a claim for sexual assault or abuse in NSW?

The time limits in New South Wales depend on when the abuse occurred:

  • If the abuse occurred when you were a child (under 18): There is no time limit to bring a civil claim for damages. This rule was changed to recognize that it can take many years for survivors to feel ready to come forward.
  • If the assault occurred when you were an adult (18 or over): You generally have 3 years from the date of the assault to make a claim.

While courts can sometimes grant extensions for adult survivors, these strict deadlines make it crucial to seek legal advice as soon as you feel able.

Can I make a claim if the abuse happened a long time ago?

Yes. For historical abuse that occurred during childhood, legislative changes across Australia have removed the previous time limits. This means you can now pursue a civil claim regardless of how many decades have passed since the abuse. Our lawyers have extensive experience managing historical abuse claims and navigating the specific legal challenges they present.

Does the perpetrator need to be convicted of a crime for me to sue?

No, a criminal conviction is not necessary to succeed in a civil claim. Civil and criminal proceedings are entirely separate and have different standards of proof.

  • Criminal cases must prove guilt "beyond a reasonable doubt."
  • Civil claims only need to prove the case "on the balance of probabilities," which is a lower standard.

This means you can win a civil claim for compensation even if the perpetrator was never charged, or was charged and found not guilty in a criminal court.

What does "no win, no fee" mean for an abuse claim?

"No win, no fee" means that you do not have to pay any upfront legal fees to start your claim. Our fees are only payable at the end of your case if it is successful.

  • If you win: Our legal fees are deducted from the compensation you receive.
  • If you lose: You will not have to pay our legal fees.

We will provide a clear costs agreement that explains everything in detail, so you know exactly what to expect before you commit. This arrangement ensures that financial concerns are not a barrier to seeking justice.

How much compensation can I get for sexual assault or abuse?

The amount of compensation varies greatly and depends on the individual circumstances of your case. There is no set amount, but a successful claim can result in a significant payment that may be worth hundreds of thousands of dollars. Factors that influence the final amount include:

  • The nature and severity of the abuse
  • The physical and psychological injuries sustained
  • The impact on your life, relationships, and employment
  • The need for past and future medical treatment and therapy
  • Loss of past and future income
Who do I sue – the individual or the institution?

You may be able to make a claim against either the individual perpetrator, the institution where the abuse occurred, or both.

  • The Perpetrator: You can sue the person who committed the abuse directly.
  • The Institution: If an organization like a school, church, sports club, or government body was responsible for your care and failed to protect you, it can be held legally responsible for the abuse that occurred.

Holding institutions accountable is a key part of our work, as it acknowledges their systemic failures and helps drive broader change.

What evidence do I need to make a claim?

Building a strong case is essential. While your own account is the most important piece of evidence, other items can help support your claim. Your lawyer will handle the process of gathering this information for you, but helpful evidence can include:

  • Your own detailed account of the abuse
  • Medical records or notes from doctors or psychologists
  • Police reports (if any were made)
  • Journals, diaries, or personal notes
  • Statements from anyone you confided in, such as family or friends
  • Employment records showing loss of income
What is the difference between a civil claim and the National Redress Scheme?

They are two different pathways for survivors of institutional child sexual abuse.

  • National Redress Scheme: An administrative scheme that provides a payment of up to $150,000, access to counselling, and a direct personal response (e.g., an apology) from the institution. Applying is not a legal process.
  • Civil Lawsuit: A legal claim pursued through the courts. Compensation is assessed based on your individual circumstances and is often significantly higher than the maximum payment available through the Redress Scheme.

Important: Accepting a payment from the National Redress Scheme will permanently prevent you from taking civil legal action against that institution. It is vital to get legal advice on your options before accepting a Redress offer to ensure you make the best decision for your situation.

Important: Accepting a payment from the National Redress Scheme will permanently prevent you from taking civil legal action against that institution. It is vital to get legal advice on your options before accepting a Redress offer to ensure you make the best decision for your situation.

 

 

 

How long will my sexual abuse claim take?

The timeframe can vary significantly, often from 12 months to a few years. The duration depends on:

  • The complexity of the case
  • Whether the claim is against an individual or a large institution
  • The extent of evidence required
  • Whether the case settles early or proceeds to a court hearing

Our priority is to move your case forward at a pace you are comfortable with. Many cases are settled through negotiation or mediation, avoiding the stress of a full trial. We will provide a realistic timeline and keep you fully informed every step of the way.

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O’Brien Criminal & Civil Solicitors
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p: 02 9261 4281

a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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