Can You Claim Compensation for Being Sexually Assaulted?

Experiencing a sexual assault is a deeply traumatic event that impacts every aspect of your life. Beyond the emotional and physical toll, many survivors face unexpected financial burdens like medical bills or lost income.

The good news is that several legal options exist. If you are wondering if you can claim compensation for being sexually assaulted, the answer is yes. There are pathways available in NSW and across Australia to help survivors get the financial and psychological support they deserve.

In this guide, we will break down the available pathways, eligibility criteria and how an expert compensation lawyer can help you.

Key Takeaways

• Multiple legal pathways exist: Survivors in NSW and across Australia can claim compensation through the Victims Support Scheme, the National Redress Scheme or by making a civil claim.
• No criminal conviction is required: You can seek and secure financial compensation even if the police did not lay charges or the offender was not found guilty in court.
• Your identity is legally protected: Your privacy is safeguarded at every stage. For example, if you take civil action, a pseudonym will be used on all court documents to keep your name entirely out of the media.
• Time limit exemptions apply: While strict time limits usually apply to compensation claims, there are important exceptions for sexual assault survivors. This includes no time limit for child victims applying to the Victims Support Scheme.
• No financial risk to start: Wyatts Compensation Lawyers offer free, confidential initial consultations and handle civil claims on a “No Win No Fee” basis.

Your Legal Options for Sexual Assault Compensation

In Australia, there are three main pathways to claim compensation for sexual assault.

1. Victims Support Scheme

If the assault occurred in New South Wales, you may be eligible for support through the NSW Victims Support Scheme. This government-funded program provides help to victims of violent crimes, including sexual violence such as sexual assault and harassment.

Compensation and support may include:

• Up to 22 hours of counselling.
• Immediate financial assistance of up to $5,000 for primary victims.
• Ongoing financial support of up to $30,000. 
• A recognition payment of up to $10,000, depending on the severity of the assault.

Other states and territories in Australia have similar victim services schemes.

2. The National Redress Scheme

If you experienced institutional child sexual abuse, you might be eligible to apply for the National Redress Scheme. This scheme was established to support survivors of abuse that occurred in institutions like schools, churches, foster care systems or youth detention centres.

For a full walkthrough of the application process, see our guide on How to Submit a National Redress Scheme Application.

If your claim is successful, you may receive:

• An official apology from the responsible institution, if requested.
• A financial payment of up to $150,000 based on the severity of the abuse.
• Counselling and psychological support services.

3. Civil Claim for Compensation

You may also have the option to make a civil claim directly against the perpetrator or a third party. A civil claim is not designed to punish the offender but to secure financial compensation for the harm caused.

If the assault happened on premises like a business or a school, you might be able to claim against the institution if they failed to provide adequate security or breached their duty of care.

Are There Time Limits for Sexual Assault Compensation Claims?

Strict time limits often apply to compensation claims, but there are important exceptions for sexual assault survivors.

• Victims Support Scheme: For adult victims, applications for financial assistance for economic loss must generally be made within two years of the incident.
• Child Victims Exemption: However, there is no time limit for child victims applying to the Victims Support Scheme.
• National Redress Scheme: You can submit an application to this scheme until 30 June 2027.
• Civil Claims: While typical claims are filed three years after the date of the incident, exceptions often apply in cases of severe trauma or late discovery of injuries.

Because the rules vary depending on your specific circumstances, it is critical to seek legal advice as early as possible.

Start Your Claim with Wyatts

Taking legal action after a sexual assault can feel overwhelming, but you do not have to navigate it alone.

At Wyatts, our professional lawyers offer free initial consultations and work on a “No Win No Fee” basis. This means you will not pay legal fees unless your claim is successful. We will handle the paperwork, gather the necessary evidence and support you at every step so you can focus on your recovery.

We are specialists in sexual abuse and assault, including workplace assault, family assault and physical assault

Call our expert compensation lawyers today at 1800 773 880 to find out what you are entitled to.

FAQ’s About compensation claims about sexual assault

Will my identity be kept confidential?

Yes, your identity will be kept strictly confidential when making a sexual assault compensation claim in Australia. By law, your privacy and safety are protected at every stage of the legal process.

Applications to government programs like the Victims Support Scheme and the National Redress Scheme are entirely private and are never released to the public. If you choose to pursue a civil claim in court, it is a criminal offence to publish the identity of a survivor. Your lawyer will use a pseudonym on all court documents and secure a non publication order to ensure your real name stays completely out of the media.

Does the offender need to be convicted for me to claim compensation?

No, a criminal conviction is not required for you to seek compensation. Criminal courts require proof beyond a reasonable doubt, but compensation claims rely on a different, lower legal standard.

This means you can still successfully claim compensation through the Victims Support Scheme, the National Redress Scheme or a civil claim, even if the police did not lay charges or the offender was not found guilty.

Will I have to go to court and face my abuser?

We understand that the thought of going to court is incredibly daunting. Fortunately, most compensation claims do not require you to step inside a courtroom.

Applications for government programs like the Victims Support Scheme and the National Redress Scheme are handled entirely through paperwork. If you decide to pursue a civil claim, the vast majority of these cases are resolved out of court through private and confidential settlements.

Is sexual assault compensation taxable in Australia?

Generally, lump sum compensation payments for personal injury, pain and suffering or medical expenses are tax free. This includes all payments received from the Victims Support Scheme and the National Redress Scheme.

Keep in mind that if you invest your compensation payout, any future interest or dividends you earn on that money may be taxed as regular income. We always recommend speaking with a qualified financial advisor to understand exactly how a settlement might impact your personal finances.