Sexual abuse is a grievous violation inflicting profound harm. In legal terms, these acts are classified as intentional torts—deliberate actions causing harm. At Foye Legal, we are dedicated to assisting survivors in seeking justice and compensation. In these deeply sensitive matters, the right lawyer is everything for achieving the best outcome in challenging times.
An intentional tort claim arises when an individual deliberately engages in conduct that causes harm to another. In cases of sexual abuse, the perpetrator’s intentional actions result in significant trauma to the survivor. These claims are distinct from negligence claims, as they focus on deliberate misconduct rather than careless behavior.
In New South Wales, intentional torts such as sexual assault are addressed under common law principles. Notably, certain limitations and restrictions on awarding damages outlined in the Civil Liability Act 2002 (NSW) do not apply to intentional torts, allowing survivors to pursue appropriate compensation for the harm suffered.
If you are considering an intentional tort claim for sexual abuse, the process generally involves:
Consultation: Meeting with a legal professional to discuss your experience and assess the viability of your claim.
Evidence Gathering: Collecting relevant evidence, including personal testimonies, medical records, and any other documentation that supports your case.
Filing the Claim: Initiating legal proceedings against the perpetrator and, in some cases, any institution that may be vicariously liable for the abuse.
Legal Proceedings: Navigating the court process, which may involve mediation, settlement discussions, or a trial.
Successful intentional tort claims can result in compensation for:
Economic Damages: Covering medical expenses, therapy costs, and lost income.
Non-Economic Damages: Addressing pain and suffering, emotional distress, and loss of enjoyment of life.
Exemplary Damages: In cases of particularly egregious conduct, the court may award additional damages to punish the perpetrator and deter similar behavior.
At Foye Legal, we understand the sensitive nature of intentional tort claims involving sexual abuse. Our team is committed to providing:
Compassionate Support: Offering a safe and understanding environment for survivors to share their experiences.
Expert Legal Advice: Utilising our extensive knowledge of intentional tort law to build a strong case on your behalf.
Dedicated Advocacy: Fighting tirelessly to ensure you receive the justice and compensation you deserve.
If you or someone you know has been a victim of sexual abuse and is considering an intentional tort claim, please contact Foye Legal for a confidential consultation. We are here to support you every step of the way.
You have the right to seek justice and compensation for the abuse you endured. Foye Legal provides dedicated legal advocacy, empowering survivors of institutional abuse to reclaim their lives. We are committed to ensuring your voice is heard and your rights are protected. Let us fight for you – contact us for a confidential consultation.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
An intentional tort refers to a deliberate act that causes harm to another person. In the context of sexual abuse, it involves intentional actions such as assault or battery that result in physical, emotional, or psychological harm to the victim.
Yes, you can pursue a civil claim for sexual abuse regardless of whether the perpetrator was criminally convicted. Civil cases have a lower standard of proof compared to criminal cases, requiring proof on the balance of probabilities rather than beyond a reasonable doubt.
In an intentional tort case for sexual abuse, you may be entitled to claim:
Non-Economic Damages: Compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Economic Damages: Reimbursement for past and future medical treatment, out-of-pocket expenses, and past and future economic loss.
Recent legal reforms in Australia have removed or extended limitation periods for filing civil claims related to sexual abuse, recognizing the unique challenges survivors face in coming forward. However, it’s advisable to seek legal advice promptly to understand the specific time frames applicable to your case.
Yes, institutions can be held liable for sexual abuse committed by their employees or representatives under the legal doctrine of vicarious liability. This means that an institution may be responsible for the wrongful acts of its staff if those acts were committed in connection with their employment or duties.
If you or someone you know has been affected by sexual abuse and is considering an intentional tort claim, Foye Legal is here to provide compassionate and professional legal assistance. Please contact us for personalised support tailored to your circumstances.
Send us your enquiry here or give us a call on 1800 996 994
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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