A man unable to work due to PTSD from childhood abuse has been battling for compensation, and has now prompted an official investigation. Photo / 123RF
A man unable to work due to PTSD from childhood abuse has been battling for compensation, and has now prompted an official investigation. Photo / 123RF
He stood up and stared down a predator in the courtroom, speaking of the pain he endured and the contempt he had for the abuser.
Now an Auckland man faces a battle to get help for the trauma from childhood sexual abuse suffered when he was aged 13.
After leaving his job because of post-traumatic stress disorder, he has helped expose gaps in the law for sexual abuse survivors seeking compensation.
The Auckland man's inquiries have prompted the Minister for ACC, Carmel Sepuloni, to see how many other people might be in such a difficult position.
The abuse survivor contacted his local MP, National's Simeon Brown, and approached the Herald to voice disbelief at a system he said was inhumane.
Minister for ACC Carmel Sepuloni has asked officials to investigate loopholes for abuse survivors seeking compensation. Photo / Peter Meecham
He said one claim was lodged in 2004, about five days before he started a new job, so he couldn't receive compensation for lost earnings.
In mid-2019, police had gathered enough evidence to charge the child molester.
The abuse survivor said that was a bittersweet moment, because it led to him re-living the childhood ordeal and his PTSD intensifying.
He said he contacted ACC's sensitive claims unit, which has since been disestablished, and had an assessment with an ACC psychologist.
He said the psychologist's report confirmed he was suffering extreme PTSD and was unfit for work.
The Auckland man received no reparations when the sex offender was sentenced at Auckland District Court earlier this year.
"I had pinned my hopes on that day for so many things," he said.
The Auckland man approached Pakuranga MP Simeon Brown of National about gaps in the law for abuse survivors. Photo / Mark Mitchell
And ACC determined he was not defined as an "earner" at the time of the injury, under the relevant part of the Accident Compensation Act.
Last week, Sepuloni responded to Brown, who wrote about possible gaps in the law for sexual abuse claims not being considered physical injuries.
Sepuloni told Brown sexual abuse was often not reported until a victim developed significant mental injury symptoms to warrant a visit to a treatment provider.
"This makes it difficult to determine the date of the injury."
She said ACC had no legal discretion to provide weekly compensation payments to people who weren't in paid employment when the injury occurred.
Sepuloni said any extension of current boundaries for cover would need careful consideration of the scope for cover, funding and affordability.
By law, somebody can get cover for a personal injury that is a mental injury - if the injury, including a sex offence, was experienced since April 2002.
After Herald inquiries this week, Sepuloni was investigating if the Auckland man could be eligible for other types of assistance.
Sepuloni said relevant parts of the law were aimed at helping people who claimed for sexual abuse and trauma.
A child molester who appeared at Auckland District Court was sentenced to jail - but an abuse survivor says legal loopholes have denied him compensation. Photo / NZME
The law did help many people, Sepuloni said, but she acknowledged a loophole seemed to exist for some potential claimants who did not meet criteria for certain entitlements.
"While they do get ACC cover for counselling and other services, they aren't eligible to receive weekly compensation," she said on Friday.
Sepuloni said she had asked for advice on the scale of the issue and to see how many people might be disadvantaged under current legislation.
"Once I know the scale of the issue, I will make a decision on whether to direct MBIE to look at further policy options."
