The Research Problem
Child sexual abuse is a global problem and the failure of abuse victims to gain justice at law is well-known, having been the topic of national inquiries, reporting in Australia (2017), England and Wales (2022) and New Zealand (2024). Survivors of child sexual abuse often experience other forms of abuse, including emotional and psychological abuse, and many are left with lifelong damage to wellbeing, through physical, mental health and reduced employment capacity. Whilst there have been steps taken in terms of institutional reform and apologies to the victims, there has been very little successful financial redress arising from the inquiries in Australia and the United Kingdom to date. Without active intervention, it is highly possible the same limitations will arise from the recent New Zealand inquiry.
Research Design
The three jurisidctions – England and Wales, Australia, and New Zealand, were specifically chosen for a variety of reasons. First, their legal systems are linked due to former colonial ties meaning there is a cross-fertilisation of ideas and scholarship between these three places. Second, the size and scope of the inquiries in Australia and England and Wales mean that significant findings have been made in comparison to other inquiries. Thirdly, the different stages of the inquires (Australia: reported and changes made; England and Wales: reported and changes imminent; New Zealand: just reported) provide an ideal basis for discussing how best to provide pathways for compensation and redress. What works? What does not? The workshop will reflect on pathways for changes drawing on the Australian experience with commentary from other English-speaking jurisdictions. What lessons can be gained from comparing the experiences and inquiries? What can these four countries learn from large-scale inquiries elsewhere?
Project Objectives
This project will examine pathways for compensation and redress for survivors of institutional child sexual abuse. Key outputs include a one-day workshop involving speakers from the UK, Australia, and New Zealand with legal and interdisciplinary expertise in compensation and redress, as well as an academic monograph showcasing results and findings. In addition to the significant personal struggles faced on an individual level by these victims, there is also sizeable government expense associated with delayed redress and assistance. For example, Pegasus Economics has estimated that, if the impacts of child sexual, emotional and physical abuse in Australia (on an estimated 3.7 million adults) are adequately addressed through timely and comprehensive intervention, the combined budget position of Federal, State and Territory Governments could be improved by a minimum of $6.8 billion annually (Kezelman, Hossack, Stavropoulos & Burley, 2015) as many long-term negative consequences can be minimised or avoided. Therefore, improving access to justice and redress and civil compensation is a major pathway to accessing the support services to address the consequences of their abuse.
