Historical Child Sexual Abuse at Army Training School
*We changed the names, locations and some details in this article to protect our client’s privacy.
This case involved our client, a man called Paul*, who was sexually abused whilst he attended an Army Apprentice School in Western Australia.* This case is a historical sexual abuse claim. Historical child sexual abuse refers to any form of abuse that occurred in the past, including physical, emotional, sexual, and financial abuse.
Child Abuse At Army Training School
Young adolescent men went to the Army Apprentice School to learn a trade before joining the army in Australia.
When a student was in their second or third year, those in charge picked who to give the rank of Apprentice Non-Commissioned Officer. In this role, the staff gave those selected a position of control and authority over other students. Basically, they supervised the others.
Our client joined the school in 1969* as an apprentice musician. He lived in a dorm with other apprentice musicians. In this school, the staff left at 4pm every day and returned at 7am. During this time, senior apprentices and apprentice NCOs were directly in-charge of the junior apprentices.
In Paul’s first few weeks, other students told him that junior apprentices must serve the senior apprentices as ordered. After a while, a group picked to become a personal servant for a group of unknown senior apprentices. However, Paul refused to do so. After this, the other senior apprentices targeted him.
Multiple Assaults
A few weeks later, they physically assaulted Paul in his accommodation hut. This became a daily occurrence for him.
Following another assault, he reported that other students broke some of his belongings. However, staff yelled at him for not looking after his belongings. As a result, he felt like he could not report things to the staff.
They also tortured Paul in the middle of the night. Paul became increasingly terrified and stressed due to the assaults.
However, things soon escalated. After some time, some of the group began sexually abusing him. At the time, our client was a child. Therefore he did not consent to these sexual acts. As a result of these incidents, our client developed severe pains in his torso.
Paul’s injuries grew worse. The staff rushed him to hospital and received surgery for his injuries. After his surgery, they sent Paul back to the school.
Suing Army School for Sexual Abuse
The defendant in this case operated and managed the school. They are liable for each of the acts that caused injury and harm to Paul as he was a child in their care.
The court found that the acts done to Paul were intentional acts done with the intent to cause injury to him. Therefore, they were excluded from the operation of the Civil Liability Act 2002 (NSW). In addition, the court found that the acts constituted a sexual assault and/or sexual misconduct. Also, the staff did not appropriately manage his concerns after he made a report.
Paul claimed damages for the assault and battery. The court found in favour of our client.
Suing for Sexual Abuse In Australia
Protecting Your Rights with Experienced Lawyers.
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 and 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.
