A recent South Australian decision has demonstrated that the consequences of childhood sexual abuse are not measured by outward appearances. A survivor may build a family, remain in employment and contribute to the community while continuing to live with profound psychological injuries.

Websters Lawyers acted for the survivor in the District Court proceedings. The Court awarded her $514,000 in damages, including what is believed to be the highest award for non-economic loss yet made in South Australia in a historical child sexual abuse case.

The significance of the decision extends beyond the amount awarded. It recognises that resilience is not evidence that someone escaped the consequences of abuse. For many survivors, the most serious injuries are the ones other people cannot see.

Can I claim compensation for historical child sexual abuse decades later?

Historical child sexual abuse claims can be brought many years after the abuse occurred. In South Australia, an action for damages arising from the abuse of a person as a child may be brought at any time and is not subject to the usual limitation periods.

The recent case concerned abuse that occurred between 1978 and 1985, when our client was aged between 11 and 17. More than four decades after the abuse began, the Court assessed how it had affected her throughout childhood and adult life.

Before the abuse, she had been a happy child with friendships and ambitions for the future. The Court accepted that the abuse changed her mental health and personality. She became withdrawn, lost trust in others and carried feelings of shame, guilt and low self-worth into adulthood. Those effects were reflected in her education, relationships, confidence and enjoyment of life.

The removal of a limitation period does not mean that every historical claim will succeed. The available evidence, the identity and circumstances of the person or institution responsible, and the injuries caused by the abuse still need to be considered. It does mean that survivors should not assume that the passage of time, by itself, has taken away their right to seek compensation.

Can I claim compensation if I continued working after the abuse?

Continuing to work after childhood sexual abuse does not prevent a survivor from receiving substantial compensation. Financial loss forms an important part of some claims, but compensation can also recognise the lasting effect of abuse upon a person’s mental health, relationships and enjoyment of life.

Our client had a commendable employment history and had made a significant contribution to the community through her work. She did not claim damages for economic loss.

That did not make her injuries less serious. The Court accepted that the abuse damaged her confidence and self-worth and contributed to her leaving school without fulfilling her potential. It also affected her lifelong ambition to become a police officer. She attempted to enter the police academy as a young adult but was unable to complete the course. Decades later, that unrealised ambition remained important to her.

The decision illustrates an important distinction. A person’s capacity to persevere is not the same as freedom from injury. Survivors may continue working because they need to support themselves and their families, or because work provides purpose and stability. What matters is the effect the abuse has had upon the individual, not whether their life appears successful from the outside.

Can psychological injuries attract substantial compensation?

Psychological injuries caused by childhood sexual abuse can attract substantial compensation. Depression, damaged trust, loss of confidence, strained relationships and a reduced ability to enjoy life may have consequences every bit as significant as physical injuries.

In this case, a forensic psychiatrist diagnosed our client with chronic depression caused predominantly by the trauma of the abuse. The expert evidence explained that the abuse had undermined her sense of safety and left her with an enduring vulnerability in her identity and confidence.

The Court also considered the practical effect of those injuries. Our client continued to experience flashbacks, sleep difficulties, self-doubt and periods of depression. Her ability to trust others had been damaged. Family relationships had broken down, and she had been overprotective of her own children because of what had happened to her.

These were not temporary reactions to events in the distant past. The Court found that the effects of the abuse remained profound at the time of trial and would continue for the rest of her life.

How does a Court decide how much compensation should be awarded?

A Court assesses compensation by examining the injuries caused by the abuse and the way those injuries have affected the survivor’s life. The seriousness of the conduct matters, but the focus is not confined to what happened. The Court considers its consequences for the particular person.

That may include the effect upon:

• mental health and emotional wellbeing;
• education and employment;
• family, friendships and intimate relationships;
• confidence, trust and sense of safety; and
• the ability to enjoy life.

The evidence may come from the survivor, people close to them, medical records, treating practitioners and independent experts. Every case turns on its own evidence.

In our client’s case, the Court accepted her evidence, the evidence of her husband and the expert psychiatric opinion. It awarded $365,000 for past and future non-economic loss, together with aggravated damages and interest, bringing the total award to $514,000.

No amount of money can undo childhood sexual abuse. Compensation instead seeks, so far as money can, to acknowledge the injury and loss caused by it.

What does this decision mean for other survivors?

The decision does not establish a standard amount of compensation for historical child sexual abuse. Awards cannot be predicted by comparing one survivor’s experience with another’s, and the outcome of every claim depends upon its facts and evidence.

It does, however, challenge several assumptions that may prevent survivors from obtaining advice. A claim is not necessarily too old because the abuse occurred decades ago. Psychological injury is not less real because it cannot be seen. Remaining at work, raising a family or appearing to cope does not mean that the abuse caused no compensable loss.

For anyone considering a claim, the first step is a confidential discussion about what occurred, how it has affected their life and what evidence may now be available. A lawyer with a dedicated focus on abuse compensation claims can explain the options without requiring the survivor to decide at the outset whether they are ready to commence proceedings.

O v N [2026] SADC 88