Reed v Smith [2024]: Abuse Law Damages Case Update

In the recent related matters of Reed v Smith I, the plaintiff, Emily Reed (a pseudonym), brought proceedings against the defendant, Evan Smith (a pseudonym), in relation to sexual abuse the plaintiff suffered when she was a child. The defendant is the plaintiff’s grandfather.

The plaintiff claims that, between 2013 and 2018 when she was aged between nine and fourteen, the defendant, her grandfather, touched her on her breasts, vagina and buttocks on a regular basis, removed her clothing, made her touch his penis, exposed his naked body to her, digitally raped her on repeated occasions and penetrated her vagina with his penis on one occasion.

The plaintiff claims that, in about 2018, she became aware that the defendant had also sexually assaulted her sisters.

As a consequence of the sexual assault on her and her knowledge of the sexual assault of both her sisters, the plaintiff has suffered a diagnosable psychiatric condition, being post-traumatic stress disorder (“PTSD”), anxiety and depression.

The plaintiff served the Writ and Statement of Claim on the defendant on 2 September 2022. The defendant is currently serving a term of imprisonment. He did not enter an appearance or defence. On 29 May 2024, judgment in default of appearance was entered pursuant to Order 21 of the County Court Civil Procedure Rules 2018.

At the time of the hearing, the plaintiff was about 20 years old.

An assessment of damages was made as follows by Her Honour Clayton:

• General damages were assessed in the sum of $500,000, with the following commentary at [51]:

Having regard to fact that the abuse continued over many years, from the plaintiff’ earliest recollections until her early teenage years, the forceful and aggressive nature of the abuse, the painful nature of some of the abuse, the significant psychiatric harm she has suffered, including suicidal ideation, self-harm and substance abuse over a number of years, and having regard to her young age and many years ahead living with and managing her injuries, I consider an amount of $500,000 is appropriate compensatory damages in this case.

• Aggravated damages assessed in the sum of $50,000, with the following commentary at [53]:

I am satisfied that the defendant’s conduct significantly aggravated the damage she suffered. He assaulted her over an extended period of time, when she was particularly vulnerable and alone at his house. He assaulted her when she was in her own home, depriving her of the opportunity to feel safe in a space that should have been a sanctuary. He threatened her and caused her to fear what would happen if she told anyone else. This caused her to deny the abuse when asked about it by her sister. What he did to her and what he said to her caused her to blame herself, to wonder if there was something wrong with her and whether she was responsible. It is not uncommon for abused children to wrongly misplace the guilt and blame onto themselves.

• Future economic loss was assessed in the sum of $200,000;
• Past medical expenses were assessed in the sum of $1,200; and
• Future medical expenses were assessed in the sum of $31,000.

Ultimately, on 17 September 2024, the Victorian County Court ordered judgment be entered for the plaintiff against the defendant in the sum of $821,200.00. The Court further ordered that the defendant is to pay the plaintiff’s costs fixed in the amount of $39,000.

We are specialist abuse lawyers and can help you receive acknowledgement, meaningful apology and financial resolution from those institutions and systems of power that failed to protect you from harm. If you would like advice in relation to a childhood or adult sexual, physical and/or psychological/emotional abuse claim in any jurisdiction in Australia, please reach out to Littles Lawyers today. 

Further Abuse Law information and case law updates can be found on our website.

If you have any queries regarding the article, please contact via Free Claim Checker or email us.