Suing For Abuse By Grandparents: Our client, Sarah*, lived in the full-time care of her maternal grandparents from her early childhood until the age of 12, at their residence in NSW. During this period, Sarah was subjected to repeated and escalating acts of assault and battery in the form of both sexual and physical abuse. Sarah came to our civil law firm for representation for civil proceedings.

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Suing For Abuse By Grandparents

Sarah was repeatedly abused by her grandfather in multiple, highly intrusive ways, including:

• • Coaxing her into a bedroom under false pretenses and sexually assaulting her, restraining her from leaving while exposing himself and touching her inappropriately.

  • Forcing sexual acts upon Sarah, including an incident where her head was forcibly pushed underwater.

  • A further episode where Sarah was assaulted and then was unable to leave until the defendant fell asleep.

Throughout these episodes, Sarah was underage and legally incapable of consent. She expressed opposition and attempted to resist throughout the assaults.

Sarah’s grandmother was also sued for a separate physical assault. When Sarah requested to continue watching something, her grandmother forcibly pulled her granddaughter to the ground by her ponytail, shoved her down the hallway, and slapped her twice, once with an open hand and once with the back of her hand.

Legal proceedings of case against grandparents

The legal proceedings were brought in the District Court of New South Wales as a civil suit for intentional torts, including trespass to person, assault, and battery, and for personal injury resulting from child abuse.​

After Sarah came to our civil lawyers for help, we filed a claim for:

• • General damages for pain and suffering.

  • Aggravated and exemplary damages due to the repeated, humiliating, and egregious conduct of both grandparents and the attendant breach of trust.

  • Economic damages for past and future medical expenses, future loss of earning capacity, and out-of-pocket expenses.

  • Interest and costs.

In the end, the court found that both grandparents were also the subject of parallel criminal proceedings. They were both criminally charged in relation to their conduct.

Damages and Harm: Suing For Abuse By Grandparents

Sarah suffered deep psychological trauma as a result of the repeated sexual abuse, including:

• Episodes of depression, mood disorder, anxiety, insomnia, night terrors, and fear of the dark.

• Severely impaired trust in authority figures, loss of enjoyment of everyday and academic activities, and long-term instability in family relationships.

• Medical and psychological care requirements with lifelong implications for her well-being were documented in the pleadings.​

• The gravity, deliberateness, and duration of the abuse were detailed to support aggravated and exemplary damages.

In this case, the grandfather was convicted on criminal charges and sentenced to a term of imprisonment. The civil proceedings sought compensation for the harms suffered by Sarah beyond the criminal penalties imposed, with claims substantiated under both the Civil Liability Act 2002 (NSW) and Limitation Act 1969 (NSW), on the basis of “intentional acts” constituting child abuse and serious breaches of duty of care.

Need a civil lawyer for suing family for abuse?

If you have suffered childhood abuse by a family member, you may be eligible for compensation. We are expert civil lawyers in cases of historic 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.