The case of BDT v BDG QDC 74 involved a daughter successfully suing her father for abuse between 15 August 1973 and 20 September 1983. While the plaintiff was aged between five and 15 years old, on 11 occasions, the plaintiff was sexually and physically abused.
This abuse consisted of six instances of vaginal rape, one instance of simulated intercourse, one instance of attempted rape, and instances of the defendant licking the plaintiff’s genitalia amongst other instances of physical and sexual abuse. The plaintiff claimed the physical pain associated with the infliction of the injuries, and psychiatric injury in the form of post-traumatic stress disorder and chronic depressive symptoms.
Damages were assessed under a default judgment and the plaintiff was left with persisting depression, anxiety, flashbacks, sleeplessness, nightmares, a constant sense of fear of the defendant, memory problems and a lack of confidence and self-esteems. She has contemplated suicide and has been unable to engage in normal relationships and does not enjoy sexual intercourse.
The plaintiff was awarded general damages of $130,000 plus interest of $137,600. Past economic loss was $259,000 with interest of $212,040. In addition, there was past loss of superannuation of $20,720. Future economic loss was assessed at $170,000 and future loss of superannuation at $19,261. Aggravated and exemplary damages were not awarded for reasons which are unclear.
The decision of BDT v BDG QDC 74 (McGill SC DCJ) can be read in full here: https://www.queenslandjudgments.com.au/caselaw/qdc/2019/74
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