The Tasmanian government has been relying on the "morally repugnant" concept of children giving "consent" to being sexually abused in its defence of some compensation claims, a law firm says.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The idea a young girl could "consent" to sexual abuse has outraged a survivor.
She said it was victim blaming and "slut shaming".
Angela Sdrinis Legal said the government made crucial changes to the Tasmanian limitations of action laws following the Royal Commission into Institutional Responses to Child Sexual Abuse.
"The changes ... were designed to allow survivors of child sexual or serious physical abuse to seek compensation at any time, understanding that many survivors of child abuse do not disclose to anyone until many years later," the law firm said.
It quoted Attorney-General Elise Archer as saying during her second reading speech in parliament: "Some of these claims may be made against the state because of abuse that occurred in state care."
"However, the government believes that the victims of these egregious crimes should be permitted to seek compensation at common law if they wish to do so."
Angela Sdrinis Legal said: "What we have seen in practice, however, is that in selected matters the state of Tasmania has attempted to sideline the legislative reforms by arguing that if a child 'consented' to the sexual activity, then they cannot rely on those reforms to seek compensation."
"In a matter currently before the courts, our client was a ward of the state and only 14 years old at the time she alleges she was sexually abused by an older man and that the alleged abuse continued even after the state was put on notice that it was occurring," the firm said on Tuesday.
"In its defence to her claim, the state has argued that just because the sexual activity was a crime does not mean it was sexual abuse for the purposes of the amendments to the Limitation Act because the abuse was 'consensual'."
The firm said the argument had been raised in ward of the state and Education Department matters where the adult was "clearly in a position of power and authority" over the claimant.
Asked for a response, Ms Archer said she very recently become aware of "an individual matter" and immediately told the Office of the Solicitor-General not to pursue the limitation defence.
"These are incredibly sensitive matters and I completely empathise for all victim-survivors and their families who are affected," Ms Archer said.
"It is my, and the Tasmanian government's, expectation that all matters involving allegations of child sexual abuse are dealt with sensitively and with the utmost respect and consideration for victims."
Shadow Attorney-General Ella Haddad said Ms Archer had "made a lot of noise about changing laws to allow victim survivors to speak up about historic sexual abuse cases and their right to seek compensation".
"But, in practice, what is happening borders on the grotesque.
"The government's own lawyers are pushing back against these claims against the intent of the legislation, claiming children as young as 14 consented to the abuse they endured."
Ms Haddad said new Premier Jeremy Rockliff needed to act.
"Mr Rockliff said he supports the work of the Commission of Inquiry," Ms Haddad said.
"Now is the time for him to step in and put an end to these disgraceful and shameful practices.
"Other states are accepting these claims and providing compensation to victim survivors.
"It's only in Tasmania that people are being wilfully delayed."
A woman sexually abused when she was 16 by a teacher at the independent St Michael's Collegiate school in Hobart said: "As someone who is a survivor of sexual abuse, I feel a responsibility to speak out."
"I have a daughter reaching the age I was at the time I was being groomed and it is terrifying.
"I don't want my daughters to see me sitting idly by when I have the power to make change.
"To say a young girl has 'consented' to sexual abuse at the hands of an older man in a position of power and authority over them is absolutely devastating to me.
"It is not just victim blaming, but slut shaming.
"I was called a slut at the time I was being abused.
"And now the state of Tasmania is basically saying that people like me asked for the horrific trauma we went through.
"It is outrageous."
Melbourne-based Angela Sdrinis Legal said the state government was the only institutional defendant it had dealt with to have raised the defence.
"We say that not only is the state relying on a technical legal defence unnecessarily, but it is a morally repugnant and gendered defence that is against the public interest," it said.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark www.examiner.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter: @examineronline
- Follow us on Instagram: @examineronline
Follow us on Google News: The Examiner