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Peter G.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience:  Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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i was raped as a child by my birth father and he was charged

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i was raped as a child by my birth father and he was charged and sentenced to 10 years jail he severed 6 years with four years probation i have been told that i am intitiled to compensaiton this happened in the late 60' caN I get a copy of these files the hearing was heard at the melbourne magistration court and was delt with russell street police station i was given a life sentence for me can you help me

Peter J R Gauld :

Hello. Can you tell me how old you are now please? I have never had to seek files so old from the Melbourne Magistrates' Court, but I would just ring the criminal registry and ask; they might go to the Public Records Office of Victoria. I would do the same with the police files; these are more likely to still exist.

Peter J R Gauld :

And, in terms of compensation, who do you seek this compensation from?

JACUSTOMER-vpw1t40f- :

59 years old victims of crime

Peter J R Gauld :

Okay, thanks. I asked the question about compensation, because I was wondering whether you wanted to sue your father.

Peter J R Gauld :

I used to do a great deal of victims of crime work, and still do a little, in Victoria, but off the top of my head I am not sure about the limitation period here. I will have a look if you like, but you could telephone VOCAT and they will quickly tell you.

(I am not criticising you) but am wondering why you have left it so long to consider a claim?

JACUSTOMER-vpw1t40f- :

was given a life sentence and have never been able to feel as i was able to live normal life as this has effected me with my personal life as i have had two failed marriages and dont think that i was given any justice for what happened to me i was not supported by my mother who new of this happening to me i know that you cant sue the dead but i am living a life that no woman or child shouldve had to endure i never had a child because it was stolen from me

Peter J R Gauld :

Yes, I completely sympathise with you about this, and understand. But, why have you left it so long to consider a claim?

JACUSTOMER-vpw1t40f- :

was never told that i could make a claim but after learning that my neice had been sexually abused at the age 5 and 10 by 2 different people and also learning that a friend of mine who was raped in the 40's by a family memeber and was payed compensation in 1997 for what happened to her has since told to seek compensation this has made me decide to seek advice

JACUSTOMER-vpw1t40f- :

am i able to contact by phone 0433 069 539

JACUSTOMER-vpw1t40f- :

my name is veronica

Peter J R Gauld :

Okay, thank you. I understand. I actually just put a quick telephone call in to be Tribunal, but couldn't get a definitive answer because there are some transitional provisions in the legislation which presents some complexity. Researching this is beyond the scope of this service, but, on balance, you will probably be able to make a claim.


If you make a claim to VOCAT you do not need to get any police materials – the tribunals will do this on your behalf.


You will be aware that the compensation from this tribunal is very limited; you will not receive the compensation that you would be entitled to on what is called a full "common law" claim. And, the compensation may be further limited if you fall into the lower thresholds that might be applicable because of the age of the claim. Nevertheless, you will be entitled to something, as long as the tribunals has the jurisdiction to hear it.

JACUSTOMER-vpw1t40f- :

before my father was convicted and sent to prison myself and seven other siblings where made ward of the state till the ageof eightteen

JACUSTOMER-vpw1t40f- :

did you get my last message

Peter J R Gauld :

Your siblings may also wish to make claims?


Please note that you can see a solicitor for a claim like this, and the tribunal will pay all of your legal costs. The solicitor cannot charge anything over and above what the tribunal awards in costs.

Peter J R Gauld :

This is not generally appreciated, even by many solicitors.

JACUSTOMER-vpw1t40f- :

may youplease contact you by phone or can you contact me personally 0433 069 539

Peter J R Gauld :

Yes, I'll contact you if you like, but I'm just about to go out. I'm in court tomorrow morning, so I could ring tomorrow afternoon.

JACUSTOMER-vpw1t40f- :

thankyou very much i very much appreciate your time and thanks again

Peter J R Gauld :

Ok.









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