Daughter successfully sues father for sexual abuse

Jul 17, 2023 | Publication

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

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

How Vicissitudes Impact Future Economic Loss in Legal Cases

When it comes to calculating future economic loss in legal cases, one concept that often arises is "vicissitudes." But what exactly are vicissitudes, and how do they affect the compensation awarded to plaintiffs? In this article, we'll delve into the definition of...

Can you still make a claim?

Many claims have limitation periods. A limitation period is a set time frame within which an aggrieved person must commence proceedings in a Court. These limitation periods generally commence from the date of the injury and/or incident. Some claims however, such as...

Teacher convicted for failing to report sexual abuse of a child

Teacher, Mr Webb of Trinity College Perth, was unsuccessful in his appeal against his conviction of failing to report sexual abuse of a child in a decision delivered on 13 October 2021. In April 2017, a group of boys from the school went on a school rugby trip to...

Annual Dinner – Parramatta & District Regional Law Society

Western Sydney's legal profession gathered for the Annual Dinner of the Parramatta & District Regional Law Society at CommBank Stadium! We are particularly grateful to Dr Hugh McDermott MP, Parliamentary Secretary to the Attorney General, Senior Vice...

What compensation can I get if I have been injured at work?

If you have a work-related injury or illness, you may be able to claim compensation for lost income, medical expenses, travel expenses, domestic assistance, pain and suffering and permanent impairment. All employers are required to have workers compensation insurance...

Court makes provision for son left out of father’s Will

The recent Supreme Court of New South Wales decision of Rathswohl v Court  NSWSC 356, involved 3 siblings disputing their entitlements to their late father’s estate. The defendant, Yvette, claimed she cared for her father for the last 18 months before he...

If I die without a Will what can happen?

If you die without a Will there can be many unintended consequences. Some of these consequences may be: A person who you do not intend could control your estate.  This could even be someone you do not know.  An executor is a person who controls an estate...