By: Cheryl Phillips, Matthew Elson and Beljana Dally

B P v K R & ANOR [2025] SASC 58

At a glance

  • The Supreme Court of South Australia awarded the applicant $400,000 in general damages arising from sexual abuse she suffered at the hands of two respondents during her formative and adult years.
  • This matter will likely serve as a new guide for awards in historical sexual abuse claims, surpassing the only other previously reported South Australian award of $100,000 set in 2019.
  • In assessing damages, the Court was willing to have regard to comparable awards from recent interstate decisions involving historical sexual abuse.

Background

On 7 May 2025, the Supreme Court of South Australia delivered only the second reported judgment assessing damages for historical sexual abuse.

The applicant, B P, alleged she was sexually abused by the first respondent from the age of 15 into her young adulthood, and by the second respondent as a young adult while employed at the same location. Both respondents were convicted of related criminal offences. Neither filed a defence to the claim, resulting in default judgment and an assessment of damages.

General damages

The only South Australian case identified was the District Court decision of S, M v S, R K, where the applicant was awarded $100,000 in general damages. That case was considered an outlier, as only 60% of the psychiatric injury was attributed to the respondent and the Court had not considered relevant interstate authorities when making the award.

In this case, the Court relied on a range of comparable interstate decisions involving similar abuse and psychiatric outcomes. The Court considered:

  • the nature of the abuse (penetrative, repeated, manipulative, sustained, regular, violent),
  • the age and vulnerability of the victims (children/young adults under the abuser’s control),
  • the perpetrator’s capacity to exercise coercive control, and
  • the impact of the abuse on the victim.

Accepting the applicant’s psychiatric expert evidence, the Court found she had developed post-traumatic stress disorder and a mild depressive illness as a result of the abuse.

The Court ultimately awarded $400,000 in general damages ($300,000 for past damages and $100,000 for future damages), noting that the award was proportionate to the “profound impact” of the abuse, despite the applicant’s resilience enabling her to create a meaningful and productive life.

Key takeaways and implications

In the absence of a developed body of South Australian case law, the Court was prepared to have regard to interstate awards that significantly exceed the previous local benchmark.

This decision is likely to serve as a new guide for awards in historical sexual abuse claims in South Australia. If the Court continues to look to interstate authorities, future awards may increase accordingly.