Our client suffered physical and sexual abuse whilst at an Army Apprentice School. At the time of the army abuse, Ryan was a minor in the care of the school. Therefore, he sued the school for negligence. During this time, he was extremely vulnerable and at the mercy of those taking care of him.

Suing for army abuse against the state 

The training school prepared boys from the age of 14 for a career in the army. Our client, Ryan*, was a child when they enlisted him in the Australian Regular Army. He accepted an offer to become an apprentice vehicle mechanic. 

In the school, the staff gave a lot of power to older apprentices. For example, the apprentices supervised and often punished the other boys. There was also a hierarchy among apprentices which staff reinforced. Other students told Ryan that senior apprentices called the younger ones ‘Sprogs’. Additionally, they told him that junior apprentices had to do what senior students instructed. 

Client sexually abused whilst in the care of the state 

Shortly after he arrived, senior apprentices entered Ryan’s accommodation in the middle of the night and threw him on the ground. They also ransacked his room and threw his belongings around. They inflicted serious physical pain on Ryan each time they assaulted him.

A few weeks later, an unfortunate incident took place. An unknown student wrote on one of the walls ‘Senior Apprentices are Sprogs’. As a result, the older boys wanted revenge. They demanded that everyone attend a ‘Kangaroo Court.’ Ryan did not attend. That night, junior and senior apprentices barged into Ryan’s room and woke him. The group pulled a blanket over his head. Then, they proceeded to kick and punch Ryan. They called this a ‘blanket beating.’

The next morning Ryan went to the doctor to receive treatment for his injuries. A member of staff asked Ryan how he got his injuries. He told him the names of those responsible.

After this, the abuse continued. One night apprentices entered his room and sexually abused Ryan.

State liable for army abuse suffered at school 

During his time at the school, Ryan suffered physical pain as a result of the assault and battery. 

The school was liable for the actions of the apprentices because they allowed them to have this power. Therefore, they could have foreseen an abuse of power. Ryan also reported the abuse to staff, giving them plenty of opportunity to intervene. 

The Royal Commission into Institutional Responses to Child Sexual Abuse criticised conduct similar to the above case. 

Suing for assault and battery in Australia 

As a result, Ryan sought damages for assault and battery.

In the end, the court found in favour of our client. They compensated Ryan for the abuse he suffered.

I need a lawyer to sue the state for army abuse 

If you or someone you know has experienced historical abuse, it is important to seek legal advice and support. Our law firm has experience in handling such cases, click here to read our Civil Case Studies. We can help guide you through the legal process, ensure that you understand your rights, and provide you with the support you need to seek justice.

Call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office.

*Names have been changed for client confidentiality.