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Legal support for victim-survivors: a case study

January 15 2025

Tasmanian Victim-Survivors of Child Abuse Legal (TasVOCAL) was set up by Tasmania Legal Aid after the Commission of Inquiry identified the need for better access to justice for people who, as children, experienced abuse in institutional settings.

For most survivors who have been failed by institutions in the past, it takes enormous courage to begin this legal process. We also know that many survivors are fearful of police, lawyers and social workers because these services are often connected to their past traumas.

TasVOCAL aims to make the process easier for survivors and help them understand their rights and the legal redress options open to them.

Once a client considers their options, TasVOCAL can accompany clients to an appropriate specialist and prepare a brief that prevents the survivor having to recount their story over and over again.

* Case Study

52-year-old David was having relationship difficulties due to his anger and trust issues.

During couples therapy it was revealed that he’d experienced sexual abuse when he was 10 at a Tasmanian primary school. David had never told anyone, including his wife or parents, about this abuse.

The perpetrator was his PE teacher who convinced David’s parents to allow him to stay behind after school for extra cricket coaching. The coach would abuse David on school grounds then drive him home and tell him to keep his mouth shut. The abuse continued for 2 years, and David never told anyone.

David went from being an engaged and confident student and talented sportsman, to skipping school – especially on cricket training days. He began experimenting with alcohol with older boys. David’s parents were confused about why their affectionate and open child had become angry and detached.

When David went to high school he did not attend regularly, chose not to join any sports teams, and had an increasingly conflicted relationship with his family. By age 14 he had dropped out of school.

David eventually secured employment, met his wife Jane, and had 2 children. He is very protective of them and always attends their sport training and games.

David continues to struggle with alcohol and anger issues during times of stress. He does not make friends easily.

After his disclosure, David’s relationship counsellor referred him to a Redress Support Service to assist him with a National Redress Scheme application.

David was referred to TasVOCAL to advise on the range of legal options available him.

TasVOCAL checked David’s National Redress Scheme application and helped strengthen his account of the experience of abuse – documenting how it made him feel isolated, silenced and worthless.

The team helped David articulate his impact statement- detailing how the school’s failure to protect him, damaged his learning, relationship and career prospects and shaped his entire life. David was supported to obtain records of his school and sporting achievements before and after the abuse through Right to Information and was advised to seek civil legal advice before accepting any National Redress Scheme offer due to the potential differences in financial outcomes.

TasVOCAL also gave David a list of civil lawyers specialised in abuse law and trauma informed practice who operate on a no win no fee basis. TasVOCAL also offered to attend this appointment with him.

David said he is daunted by what lies ahead but feels well supported. His relationships are improving, and he no longer feels so angry and alone. He wishes he had spoken up sooner.

For more information and to access the TasVOCAL service, contact Tasmania Legal Aid on 1300 366 611 (ask for TasVOCAL) or visit www.legalaid.tas.gov.au.

*Names and some details have been changed for privacy and confidentiality reasons