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Sexual Assault - Frequently Asked Questions - Injury

What compensable injuries can I claim from the Schedule of Injuries?

You may claim either the compensable injury of Sexual Assault OR other compensable injuries listed in the Schedule of Injuries.

Can a child claim?

Yes. If the victim of an act of violence is a child, an application can be made by a relative or other suitable person on the child’s behalf.

How much compensation may be awarded for the compensable injury of Sexual Assault?

Compensation for the compensable injury of Sexual Assault ranges from $7,500 to $50,000, depending on which category of injury is established.

The categories of the compensable injury or Sexual Assault are set out below:
Category 1: $7,500 – $10,000
Category 2: $10,000 – $25,000
Category 3: $25,000 – $50,000

What is Category 1: Sexual Assault?

Category 1: Sexual Assault consists of:
§ Indecent assault; or
§ An assault with violence in the course of attempted unlawful sexual intercourse.

What is Category 2: Sexual Assault?

Category 2: Sexual Assault consists of:
§ Unlawful sexual intercourse; or
§ The infliction of serious bodily injury in the course of attempted unlawful sexual intercourse.

What is Category 3: Sexual Assault?

Category 3: Sexual Assault consists of:
§ A pattern of abuse involving category 1 or category 2 sexual assault;
§ Unlawful sexual intercourse in which serious bodily injury is inflicted;
§ Unlawful sexual intercourse in which 2 or more offenders are involved; or
§ Unlawful sexual intercourse in which the offender uses an offensive weapon.

Can I write to you and state what category of the injury I think should be awarded?

Yes, you may write to us and state what category you think should be awarded. You may also wish to state how much should be awarded within the range of the category. You should explain your reasons clearly, and provide evidence in support. In support, you can explain what effect the act of violence had on your life, so that the compensation assessor can have a full understanding of all your circumstances. The compensation assessor will consider your submissions at the time your claim is finalised.



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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 11 August 2003