Vietnam Veteran Awarded $1.6 Million in Landmark Abuse Case
A Vietnam War veteran has been awarded more than $1.6 million in damages after alleging he suffered repeated sexual and physical abuse as a teenager while serving in the Royal Australian Navy. The man, now in his 70s and who cannot be named for legal reasons, successfully pursued the Commonwealth of Australia through the ACT Supreme Court for personal injury claims stemming from historical assaults.
Out-of-Court Settlement and Legal Complexities
In 2024, the Commonwealth agreed to settle the case out of court without admissions, awarding the veteran $1,675,000. However, $500,000 of this sum was temporarily held by the court to determine whether it duplicated payments already made through his veteran disability pension. This legal provision aims to prevent double compensation for the same incapacity.
Chief Justice McCallum ruled in January that the lump sum settlement lacked a detailed breakdown, which frustrated the application of the law. Consequently, she found it impossible to clearly identify the Commonwealth's specific liability and ordered the withheld funds to be released to the veteran.
Allegations of Abuse During Naval Service
The veteran enlisted as a junior recruit in the late 1960s at just 15 years old. He claimed that while stationed at the training establishment HMAS Leeuwin, he was subjected to repeated sexual and physical assaults. These abuses reportedly continued when he was posted to HMAS Sydney a year later, where he faced bullying and further sexual attacks. Similar incidents were alleged to have occurred during his time at HMAS Cerberus, all while he was under the age of 18.
Despite these traumatic experiences, the veteran also performed operational service, including deployment to the Vietnam War at 17 years old. The disabilities resulting from his combat service later qualified him for a pension from the Department of Veterans' Affairs.
Veteran's Pension and Health Struggles
The veteran's pension was first granted in 1997 for hearing loss and tinnitus, attributed to exposure to gunfire without adequate protection. In 2002, his pension was increased due to a related drug and alcohol problem, as well as anxiety issues. These health challenges underscore the long-term impact of his service and the alleged abuses.
This case highlights the ongoing legal and personal battles faced by veterans seeking justice for historical wrongs, with the ACT Supreme Court playing a crucial role in adjudicating such sensitive matters.
