Woman wins $460k child sexual abuse case after cross-examining abuser
A legal expert says a woman who won a civil sexual abuse case after cross-examining the man who abused her as a child is "extraordinary" and rare.
Judge Gregory Sirtles, SC, awarded the woman more than $460,000 in Sydney's Supreme Court last week for psychiatric injuries caused by Rex Thomas Osbourne, who worked as a school grounds keeper.
Judge Sirtles found the now 85-year-old sexually assaulted her when she was between the ages of four and seven in the NSW Central West town of Parkes.
The woman represented herself in the proceedings.
Senior law lecturer at the University of New South Wales, Henry Kha, said it was "very rare" for a plaintiff to represent themselves seeking compensation for historic sex offences against the perpetrator.
"The extraordinary nature of the case is worth emphasising,"
he said.
"It would have been very difficult to demonstrate that these allegations had occurred given the significant length of time that had transpired between when the abuse was alleged to have occurred and the court case itself."
Rex Thomas Osbourne sexually abused the woman during walks on council grounds in the town of Parkes between 1986-1987. (Supplied: NSW Government)
Judge Sirtles noted that the woman said she first met Osbourne at the school canteen at the age of three, where her mother and his wife worked together.
He concluded the abuse happened "multiple times" during walks on council grounds in the Christmas school holidays of 1986–87.
Judge Sirtles noted that Osbourne pleaded guilty in 1987 to 10 counts of indecent assault against four children.
Three of those charges related to the woman.
He was sentenced to a two-year good behaviour bond and a 300-hour community service order.
Henry Kha says it is rare for a person to represent themselves and seek damages for historic child sexual abuse. (Supplied: University of New South Wales)
Judge Sirtles said he used the guilty plea and contemporaneous accounts she gave as a child to help determine his findings that the abuse occurred.
Cross-examining former grounds keeper
Judge Sirtles observed the woman's decision to represent herself without legal qualifications caused "some difficulties" while she cross-examined her abuser.
"It was apparent to me that the plaintiff found that exercise deeply confronting," he said.
"Although the plaintiff seemed at times frustrated or truculent when speaking, I regarded this as an expression of her anxiety and the stress of representing herself in such a painful matter.
"At no point did I doubt the authenticity of her efforts, both in making submissions and cross-examining Mr Osbourne," he found.
"I draw no adverse inference from her conduct."
Mr Kha said it was an intimidating experience for any self-represented litigant to cross-examine someone, let alone their abuser.
"It is understandable that the plaintiff was emotional, and those emotions were reflective of the plaintiff's past history of trauma," he said.
Judge Sirtles found Osbourne "tarnished" the woman's youth. (ABC News: Jak Rowland)
"The judge would have to provide some accommodations to the plaintiff to ensure that they are not going to be re-victimised or re-traumatised in the court process."
Mr Kha observed that there were typically more people representing themselves in family law matters.
"Interestingly, in the Family Law Act, a person who is accused of family violence, they are not allowed to cross-examine their former partner," he said.
"That rule doesn't apply in civil cases in tort law."
Damages won
Judge Sirtles found that the abuse largely caused the woman's depression, gambling disorder, drug use and post-traumatic stress disorder.
He said those psychiatric issues have also impacted her ability to work.
"It is clear that Mr Osbourne betrayed a fundamental trust reposed in him by the plaintiff, who was only a child when he sexually abused her,"
he said.
"While I do not doubt the plaintiff may have some fond memories of childhood, Mr Osbourne tarnished the plaintiff's youth."
Judge Sirtles concluded that Osbourne's sexual abuse caused the majority of the woman's psychiatric injuries. (ABC News: Jak Rowland)
He awarded the woman $461,046.02 in damages and aggravated damages.
The woman had also sued the State of New South Wales but settled the matter out of court and received $150,000.
Mr Kha said although the woman was successful, there were "significant barriers" for people representing themselves, such as understanding the law of court procedure.
He observed that she had a "head start" with some legal representation at the beginning of the case before continuing alone.
"The odds are stacked against self-represented litigants,"
he said.
"It's still a wise idea to have legal representation in order to improve one's chances of succeeding in a case."
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