Sexual Abuse by Police Officer: Brave survivor receives justice after suffering abuse by a NSW police officer.
Our client, we’ve changed her name to Sally* to protect her privacy, is a courageous survivor of childhood abuse. With the help of our civil lawyers in Sydney, she successfully secured compensation from the State of NSW after enduring horrific abuse at the hands of a NSW police officer. The civil case was brought against the State on the basis that it was vicariously liable for the actions of its employee, a then-serving officer who used his position to exploit and harm Sally.
Read our other successful Civil Law Case Studies for Sexual Abuse.
Case Summary: Civil Claim for Sexual Abuse by Police Officer
Sally was only 15* when she was first subjected to abuse by David*, a senior constable who was then working in the NSW Police Force. Over the course of a year, he manipulated his authority and access to Sally, committing multiple criminal offences against her. David was later convicted and sentenced to a long imprisonment for his crimes. Sally then turned to the civil justice system to seek compensation, arguing that the State of NSW should be held responsible for the conduct of its employee. The matter was complex, but ultimately settled in our client’s favour.
Case Details
In the civil claim, Sally sought damages for the physical and psychological harm caused by David, including personal injury damages, and additional aggravated and exemplary damages. The State admitted that David had committed the acts for which he was convicted, including serious assaults and attempts to obstruct justice.
The critical legal issue was whether the State of NSW could be held vicariously liable, meaning legally responsible, for David’s actions. Our team at O’Brien Criminal and Civil Solicitors argued that David’s abuse of Sally occurred directly because of his role as a police officer. He used police resources such as vehicles, stations, and his position of authority to gain access and commit these crimes.
The State attempted to argue that David was acting so far outside his official duties that they shouldn’t be held responsible. However, we maintained that his employment played a direct role in facilitating the abuse.
There was an additional legal risk in this case: Sally had suffered significant prior abuse from other individuals before she encountered David. However, a medical expert assessed that a large portion of Sally’s PTSD was attributable to David’s abuse. Therefore, we fought hard to ensure that the legal system recognised the damage caused specifically by David and held the State accountable.
Outcome of Civil Claim for Sexual Abuse by Police Officer
In the end, the matter was successfully settled with the State of NSW agreeing to compensate our client. While the exact terms of the settlement are confidential, this outcome marks a meaningful recognition of the harm caused to Sally and the responsibility of institutions to protect vulnerable individuals from abuse by their employees.
Need Help With a Similar Case of Sexual Abuse Against NSW State?
If you have suffered sexual abuse and the guilty person works for the state, you may be eligible for compensation. We are expert civil lawyers in taking actions against the state for historical sexual abuse. Contact us today for a confidential consultation and take the first step towards resolution.
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*We always change details in our case studies to protect client confidentiality.
