Sexual Abuse Compensation Lawyers Sydney & Nationwide

Compassionate Civil Lawyers for Survivors of Sexual Abuse

Trusted & Recommended by Clients. Let by Accredited Specialists

4.6  – 120 Reviews

The O'Brien Advantage

Three Pathways to Compensation

Not every survivor's situation is the same, and not every pathway is the right one. We advise across all three available routes - the NSW Victims Support Scheme, the National Redress Scheme (for institutional child sexual abuse, accepted Australia-wide), and civil claims against institutions or perpetrators. We assess which pathway or combination of pathways best fits your circumstances before recommending any course of action.

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 abuse law, allowing us to navigate your claim effectively.

Confidential & Compassionate Approach

Everything you tell us is protected by legal professional privilege and is completely confidential. We do not share information about your matter without your explicit consent. The initial consultation is free, without obligation, and does not commit you to proceeding with any claim. You may speak with us and decide to take no further action - and that is entirely your right.

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 Abuse Compensation Claims We Handle

NSW Victims Support Scheme Applications

The NSW Victims Support Scheme provides financial assistance to victims of violent crime in NSW, including sexual assault. Eligible applicants may receive a recognition payment, funding for counselling, and support for economic loss. You do not need to have reported the assault to police, and no criminal conviction is required. We assist with the full application process, from eligibility assessment through to lodgement and review of decisions.

National Redress Scheme Applications

The National Redress Scheme provides compensation for survivors of institutional child sexual abuse – where a church, school, or other recognised institution was responsible and has joined the Scheme. The maximum payment available is $150,000 (published government figure). We assist applicants across Australia. The Scheme’s closing date is 30 June 2027 – do not wait if you are considering an application.

Civil Claims Against Institutions or Perpetrators

Where an institution or individual can be held legally responsible for sexual abuse, a civil claim for damages may be available alongside, or instead of, a scheme application. Some civil claims have been worth significantly more than scheme payments. Civil claims can be made against churches, schools, government bodies, employers, and individual perpetrators. There is no limitation period for civil claims involving child sexual abuse in NSW following legislative changes in 2016.

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.

Survivors of childhood abuse – whether it occurred decades ago in a school, church, sporting club, or other institution – have specific legal rights in NSW. The removal of the limitation period for historical child sexual abuse civil claims means it is not too late to pursue compensation, regardless of when the abuse occurred or whether you have previously sought legal advice.

Image-Based Abuse Claims

The non-consensual sharing of intimate images – sometimes called revenge porn – is both a criminal offence and the basis for civil legal action. Survivors may be entitled to compensation for the harm caused, including distress, reputational damage, and economic impact. We advise on the civil remedies available and the evidence required to support a claim.

Pursuing the Full Compensation You're Entitled To

At O’Brien Criminal and Civil Solicitors, we are dedicated to empowering sexual abuse 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

Before recommending a pathway, we assess all available options against your individual circumstances. We identify which schemes or civil claims apply, how the pathways interact, and - where both a scheme application and civil claim are available - we advise on the order in which they should be approached. Accepting a National Redress payment, for example, affects some civil claim rights. You need to know this before any application is made.



Scheme Applications and Civil Claim Preparation

For Victims Support and National Redress applications, we manage the full preparation and lodgement, gather supporting documentation, and communicate with the administering body on your behalf. For civil claims, we prepare the matter for negotiation or litigation, identify the responsible institution, and engage their legal representatives. We brief senior counsel where the complexity of the matter requires it.

Court Advocacy

Where a matter cannot be resolved by negotiation, we represent survivors in court. Our civil lawyers have experience in institutional abuse litigation and can take a claim from initial advice through to a final hearing if that is what achieving the right outcome requires. Most matters resolve before reaching court, but we prepare every file as though it will not.

Meet Our Specialist Sexual Abuse Lawyers

Our civil law team at O’Brien Criminal & Civil Solicitors handles victim compensation, historical sexual abuse claims, National Redress Scheme applications, and civil actions against institutions and individuals across Australia.

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 Abuse Claim Process

1. Free, Confidential Consultation

Contact us by phone, online, or by booking an appointment. We arrange a free, no-obligation conversation where we hear your situation, identify which compensation pathways may be available, and answer your questions. You are not committed to anything, and nothing you tell us is shared without your consent.

2. Investigating & Building Your Case

If the initial conversation indicates a viable claim, we conduct a full eligibility assessment - examining the nature of the abuse, the institution or person responsible, timing, and any prior proceedings or payments. We provide clear, honest advice on which pathways are open and what each involves before recommending any course of action.

3. Application or Claim Preparation

For scheme applications (Victims Support, National Redress), we prepare and lodge the application in full, managing communication with the administering body throughout. For civil claims, we prepare the matter for negotiation or litigation, gather supporting evidence, and engage the responsible institution or their insurer.

4. Pursuing Justice & Resolution

We represent your interests at every stage - negotiation, mediation, or court proceedings. We keep you informed throughout and pursue the best outcome available for your specific circumstances. Most matters resolve without a hearing, but we prepare every file as though one may be required.

Immediate Steps for Survivors of Sexual Abuse

If you have experienced sexual 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

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

How much compensation can I get for historical sexual abuse?

It varies. There is no fixed answer and depends on the nature of the abuse, who was responsible, the pathway pursued, and your individual circumstances.

Under the National Redress Scheme, the maximum payment is $150,000 (published government figure). Payments under the NSW Victims Support Scheme depend on the category of act and the circumstances of the individual application.

Civil claims against institutions or perpetrators are not capped in the same way as scheme payments. Some civil claims have been worth significantly more than scheme outcomes, though the practical result depends on the strength of the liability case and the assets available from the defendant. 

What is the time limit to make a compensation claim for sexual abuse?

There is no limitation period. NSW removed the limitation period for these claims in 2016 under the Limitation Amendment (Child Abuse) Act 2016. Survivors of childhood abuse can bring a civil claim regardless of how long ago the abuse occurred.

For adult survivors, limitation periods generally apply, though extensions are possible in certain circumstances. 

For the National Redress Scheme, the closing date for applications is 30 June 2027.

What is the difference between the Victims Support Scheme, the National Redress Scheme, and a civil claim?

These are three separate pathways, each with different eligibility requirements, processes, and potential outcomes:

The NSW Victims Support Scheme* is a state-based scheme that provides financial assistance to victims of violent crime in NSW, including sexual assault. It does not require an institution to be involved - the abuse can have been carried out by an individual. Applications are made to Victims Services NSW.

The National Redress Scheme is a federal scheme specifically for survivors of institutional child sexual abuse where a recognised institution (a church, school, or government body) was responsible and has joined the Scheme. Available to applicants across Australia. Maximum payment $150,000 (published government figure). Closing date 30 June 2027.

A civil claim is a legal action against an institution or individual for damages, assessed independently of the scheme frameworks. Civil claims are not subject to the same payment caps, though outcomes depend on the individual matter. Civil claims take longer than scheme applications but may result in a larger outcome in appropriate cases.

These pathways can sometimes be pursued at the same time. Accepting a National Redress payment does affect some civil claim rights - we advise on this before any application is made.

Do I need a criminal conviction or police report to make a claim?

No. None of the three pathways - Victims Support, National Redress, or civil claims - require a police report, an ongoing prosecution, or a criminal conviction for a 

What is a civil claim and how is it different from a criminal prosecution?

A criminal prosecution is brought by the state (the Crown) against a person accused of a crime. The standard of proof is "beyond reasonable doubt." The outcome is a verdict of guilty or not guilty, and any penalty is imposed by the court.

A civil claim is brought by the survivor, personally, to seek financial compensation. The standard of proof is "on the balance of probabilities" - a lower threshold than the criminal standard. The outcome of a successful civil claim is a damages payment, not a criminal penalty. Civil and criminal proceedings are independent of each other - they can run at the same time, in sequence, or separately.

Can I make a claim if the perpetrator is deceased?

Yes, in many cases. For institutional claims under both the civil law and the National Redress Scheme, liability attaches to the institution, not only to the individual perpetrator. The death of the perpetrator does not end the institution's legal responsibility for enabling or failing to prevent the abuse.

For claims against individual perpetrators, the position depends on the perpetrator's estate. We advise on this as part of every eligibility assessment.

How long does a compensation claim take?

Timeframes vary depending on the pathway:

NSW Victims Support Scheme applications are assessed by Victims Services NSW. Processing times vary - we advise on current expected timeframes at the outset.

National Redress Scheme applications are processed by the federal scheme administrator. The Scheme has a closing date of 30 June 2027; applying early allows more time for assessment and any internal review if required.

Civil claims against institutions involve negotiation, and sometimes litigation. Straightforward matters that settle in negotiation can resolve within months. Complex matters, particularly those involving large institutions with contested liability, can take longer. We provide realistic timeframe guidance specific to your matter at the outset.

What evidence do I need to make a claim?

You do not need formal evidence to speak with us or to begin an eligibility assessment. Different pathways have different evidentiary requirements, and we advise on what is needed for each one.

Will I have to go to court?

Most matters do not involve court proceedings at all.

For civil claims, the majority resolve through negotiation before reaching a formal hearing. 

What is No Win, No Fee and does it apply to my claim?

No Win, No Fee means that if your claim is unsuccessful, you will not be required to pay our legal costs in most cases. 

 

Civil Law Case Studies

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