In a historic victory for survivors of childhood abuse, Australia’s High Court has granted a 70-year-old Aboriginal woman the right to pursue damages against the Queensland government. The woman, who cannot be named for legal reasons, alleges she suffered severe sexual and physical abuse while under state care more than 60 years ago.
Decades-Old Abuse Allegations
According to court documents, the woman was placed into state care as a young child in the 1950s under laws that gave the Queensland government control over all Aboriginal children. She claims that between the ages of 3 and 18, she endured repeated sexual assaults by her foster father, severe beatings at a girls’ dormitory, and further abuse while visiting relatives.
The shocking allegations paint a grim picture of the treatment of Aboriginal children under the government’s so-called “protection” policies of the era. Another girl who was fostered by the same family has corroborated the claims, stating she witnessed the abuse firsthand.
Long Road to Justice
The woman first launched legal action against the state in 2022, seeking nearly $1.76 million in damages for the psychiatric injuries she says resulted from the abuse. However, lower courts initially ruled that too much time had passed and key witnesses had died, making a fair trial impossible.
Undeterred, the brave survivor took her fight to the High Court. In a landmark judgment, the court overturned the earlier decisions, ruling that the woman should have her day in court on three of the abuse allegations.
“Her claim of sexual abuse… comprises acts and episodes of inestimable horror,” the High Court justices acknowledged. “However sympathetic one might be to [her] plight… if her claims are to result in an enforceable legal entitlement to damages against the State of Queensland, that can only relevantly be the outcome of a trial.”
Systemic Failures Under Scrutiny
The case shines a harsh light on the Queensland government’s catastrophic failure to protect some of its most vulnerable wards. For the survivor at the center of this legal battle, it represents a chance to finally have her trauma acknowledged and to hold the state accountable.
Advocates say her courage in speaking out could inspire other survivors to come forward and expose the true extent of abuse inflicted on Aboriginal children in state and church-run institutions. Recent investigations have already uncovered horrifying accounts of physical, sexual, and emotional abuse across Australia.
Calls for Redress and Reform
The case has reignited calls for a national compensation scheme for survivors of historical abuse in state care. Many have struggled for decades with the devastating impacts, often battling poverty, addiction, and poor health without adequate support.
“No amount of money can undo the damage caused by child sexual abuse, but it matters that we as a society provide acknowledgment and tangible support to help people rebuild their lives,” said one survivor advocate.
There are also demands for sweeping reforms to child protection systems to ensure the horrors of the past can never be repeated. Aboriginal leaders say any changes must be co-designed with their communities, who continue to be disproportionately affected by child removals and youth detention.
A Chance for Healing
While the path ahead remains difficult, this High Court decision marks an important step forward in Australia’s shameful history of child abuse. For survivors like the courageous woman at the center of this case, it offers a glimmer of hope that justice, healing and change are possible, even after decades of silence and suffering.
As her case proceeds to trial, the nation will be watching closely, demanding that the Queensland government be held fully to account for any abuse that occurred on its watch. For the sake of all those who have carried these wounds, we must not look away from even the most unpalatable truths.
Only by fearlessly confronting the sins of the past can Australia hope to build a society where every child is cherished, nurtured and protected – regardless of the color of their skin or the circumstances of their birth. The brave warriors who have spoken out have lit the way forward. It is up to all of us to ensure their suffering was not in vain.
