Sexually abused boy awarded compo
A SEXUALLY abused boy, who is engaging in "cross-dressing and improper sexualised behaviour", may be driven to exploit other children more vulnerable than himself.
This was one of the key factors three Queensland Court of Appeal judges considered when they decided to award the boy, who was aged five when the abuse began, the maximum $75,000 compensation.
Justice John Muir said, in a decision handed down on Tuesday, the evidence supported the primary judge's finding that "one can not imagine a case involving worse abuse than this, nor a more significant serious deleterious effect upon a young man's future life".
Edward Francis Graveur, now in his 60s, was sentenced in 2005 to 12 years jail for molesting four young boys and distributing their images on the internet.
He molested this boy, now 15, for more than two and a half years and a judge ordered, in December last year, that Graveur pay $25,500 compensation, under the Criminal Offence Victims Act, to Queensland's Public Trustee to hold on the boy's behalf.
But a litigation guardian, acting for the boy, appealed the figure in the Court of Appeal, arguing the primary judge had erred in not awarding compensation for "adverse impacts".Justice Muir said the inclination to cross-dress, sexualised behaviour and the "probability" he would exploit and abuse other children would come under the category.
"The (boy's) inability to cope with school routines resulting in disruption to his education could constitute an adverse impact," he said.
"It is relevant that 'psychiatric treatment seems to be an important preventative method to assist his mental health issues' in these regards.
"The court had also heard the boy suffered from Oppositional Defiant Disorder.Psychiatric reports detailed "grave concerns" about the boy's ability to be involved in intimate relationships and whether his "significant learning problems" would severely impact on his future employment prospects
."In essence, this disorder is associated with a recurrent pattern of negativistic, defiant, disobedient and hostile behaviour towards authority figures," the psychiatrist wrote.
"Additionally, this disorder is characterised by the loss of temper, arguing with adults, refusing to follow the rules, deliberate attempts to annoy others, being spiteful and vindictive, blaming others for his or her own mistakes."