It is well known that institutions have seen an exponential increase in civil claims arising from child abuse. However, with increased awareness and the MeToo movement, adult survivors are also finding the courage to make claims. For those of us who work in this space, much focus is placed on taking a trauma informed approach when dealing with survivors, and this is important.

Also of  importance is how institutions and their representatives deal with the alleged offender, especially when no criminal charges have been made and there is only a civil claim by the claimant against the institution for damages. These serious allegations have the potential to significantly impact the alleged offender, which may or may not be justified. As lawyers acting for institutions, we at Wotton Kearney take a trauma informed approach with both the claimants and the alleged offenders while still protecting the interests of the institutions of the act.

We ensure our approach to the alleged offenders is made with sensitivity and that they are aware of their legal rights while hoping they will assist with our investigations with the appropriate support. Taking this approach has in some cases, allowed us to obtain contribution from the alleged offender towards a settlement with the survivor. We have also been able to defend civil claims which have little to no merit, resulting in a favourable outcome, with no compensation being paid and protecting the reputation of the institution and the alleged offender.

If you wish to know more about what kind of approach to these sensitive claims, please feel free to contact us.