The Issue
Compensation for victims of sexual abuse can never make up for the suffering and loss those survivors are forced to endure. Nevertheless, an issue that causes even further distress is the fact that an offender is able to hide their assets in their superannuation so that a victim who has been awarded compensation by the Court is unable to secure further payment. The Super for Survivors campaign aims to address this.
The Facts
Sexual assault is a serious crime that can have devastating, cumulative, and long-lasting effects on the lives of victims, survivors, their families, and communities.
The following statistics demonstrate the extent of the problem:
- An estimated 8 million (41 per cent) of Australians aged 18 years and over have experienced physical or sexual violence since the age of 15. 1
- More than 1 in 3 girls experience child sexual abuse. 2
- Almost 1 in 5 boys experience child sexual abuse. 2
- Perpetrators of sexual assault are often known to their victims. 1
Source 1. ABS Results from Personal Safety Survey.
Source 2. ACMS: Mathews B et al (2023) The prevalence of child maltreatment in Australia: findings from a national survey. Med J Aust. 218 (6).
Sexual Assault and the Law
While states and territories are primarily responsible for laws that criminalise sexual assault, the scale and severity of sexual violence across Australia make this a nationally significant issue, requiring a nationally coordinated response.
The Australian Government is currently leading a national discussion on strengthening criminal justice responses to sexual assault. In South Australia, sexual consent laws are addressed under the Criminal Law Consolidation Act 1935 (s.46).
Jurisdictions, including South Australia, have committed to take action to improve the experiences of victims and survivors of sexual assault in the criminal justice system. It focuses on the following priority areas:
- Strengthening legal frameworks to ensure victims and survivors have improved justice outcomes and protections, wherever necessary and appropriate, across Australia.
- Building justice sector capability to better support and protect victims and survivors.
- Supporting research and greater collaboration to identify best practices and ensure actions are supported by a sound and robust evidence base.
We Are Here For You
If you have a potential claim or would like to stay up-to-date, please provide further information so that we can alert you when you may be entitled to commence an action:
Your privacy is important to us. The information provided will be kept strictly confidential,
and will only be used to keep you informed of any progress on the legislative reforms, or alert you if you have a potential claim.
For further information please refer to our Privacy Policy.
Your privacy is important to us. The information provided will be kept strictly confidential, and will only be used to keep you informed of any progress on the legislative reforms, or alert you if you have a potential claim. For further information please refer to our Privacy Policy.
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Super for Survivors Partners
Websters Lawyers Advocating for Victims
In Australia, survivor-advocates have long campaigned for stronger protections, including legislative changes, as well as financial recourse in the form of compensation. Websters Lawyers not only represent survivors of sexual abuse, we advocate for them.
It is uncommon for lawyers to advocate for people who are not their clients. Websters Lawyers have identified a current loophole in Australia that assists paedophiles in divesting their assets to avoid paying their victims the compensation they rightly deserve.
This change will benefit every survivor of sexual abuse in Australia. In 2018, then Liberal Government called a press conference and advised that they would be pushing for a change in legislation to enable survivors of sexual abuse to access the superannuation of offenders for compensation. This change was proposed after the notorious paedophile Maurice Van Ryn placed an estimated $9 million into his superannuation prior to being sentenced.
Currently, superannuation is deemed a ‘protected asset,’ meaning funds held in superannuation accounts survive bankruptcy. As the law is currently framed, there is no way a survivor of sexual assault can access these funds. This resulted in many of his survivors being unable to access the redress they deserve. Despite the Liberal Government promising to pass this legislation in 2018, nothing has been done.
Until now.
In 2020, Websters Lawyers Senior Associate, Andrew Carpenter, who has successfully represented many survivors of sexual abuse, commenced advocating for this change in legislation. Since being made aware of this proposed legislation, Mr. Carpenter has been instrumental in bringing together charities, politicians, and support groups to push for this change.
Mr Carpenter’s position is clear – paedophiles should not be entitled to hide assets or live a comfortable retirement due to their heinous crimes.
Media
Sexual assault has recently garnered significant national and international attention, with the ‘Me Too’ movement originating in the United States in 2017 and quickly spreading worldwide through the viral #MeToo hashtag. The media has been quick to notice the growing public interest and support for positive change and action regarding this issue.
Throughout the progress of this cause, Andrew Carpenter, Senior Associate at Websters Lawyers, has emerged as a key spokesperson for interviews and updates. Below, you will find links to a growing list of media coverage where Mr. Carpenter has been actively promoting this transformative movement.
