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Level of abuse and harms

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Level of abuse and harms

When Adjudicators assess a claim and decide on compensation, they look at two things:

  1. How bad was the abuse?
  2. How much harm did it cause, then and later in life?

They use "levels" to assess both the abuse and the harm that can be linked to the abuse. Level 5 is the worst abuse and the most harm, and it goes down in levels from there.

These two charts show how the Adjudicator assigns a level to the abuse and harm, based on the evidence from the hearing.

  Acts Proven
SL5
  • Repeated, persistent incidents of anal or vaginal intercourse.
  • Repeated, persistent incidents of anal/vaginal penetration with an object.
SL4
  • One or more incidents of anal or vaginal intercourse.
  • Repeated, persistent incidents of oral intercourse.
  • One or more incidents of anal/vaginal penetration with an object.
SL3
  • One or more incidents of oral intercourse.
  • One or more incidents of digital anal/vaginal penetration.
  • One or more incidents of attempted anal/vaginal penetration (excluding attempted digital penetration).
  • Repeated, persistent incidents of masturbation.
PL One or more physical assaults causing a physical injury that led to or should have led to hospitalization or serious medical treatment by a physician; permanent or demonstrated long-term physical injury, impairment or disfigurement; loss of consciousness; broken bones; or a serious but temporary incapacitation such that bed rest or infirmary care of several days duration was required. Examples include severe beating, whipping and second-degree burning.
SL2
  • One or more incidents of simulated intercourse.
  • One or more incidents of masturbation.
  • Repeated, persistent fondling under clothing.
SL1
  • One or more incidents of fondling or kissing.
  • Nude photographs taken of the Claimant.
  • The act of an adult employee or other adult lawfully on the premises exposing themselves.
  • Any touching of a student, including touching with an object, by an adult employee or other adult lawfully on the premises which exceeds recognized parental contact and violates the sexual integrity of the student.
OWA
  • Being singled out for physical abuse by an adult employee or other adult lawfully on the premises which was grossly excessive in duration and frequency and which caused psychological consequential harms at the H3 level or higher.
  • Any other wrongful act committed by an adult employee or other adult lawfully on the premises which is proven to have caused psychological consequential harms at the H4 or H5 level.

  Consequential Harm
H5

Continued harm resulting in serious dysfunction.

Evidenced by: psychotic disorganization, loss of ego boundaries, personality disorders, pregnancy resulting from a defined sexual assault or the forced termination of such pregnancy or being required to place for adoption a child resulting therefrom, self-injury, suicidal tendencies, inability to form or maintain personal relationships, chronic post-traumatic state, sexual dysfunction, or eating disorders.

H4

Harm resulting in some dysfunction.

Evidenced by: frequent difficulties with interpersonal relationships, development of obsessive-compulsive and panic states, severe anxiety, occasional suicidal tendencies, permanent significantly disabling physical injury, overwhelming guilt, self-blame, lack of trust in others, severe post-traumatic stress disorder, some sexual dysfunction, or eating disorders.

H3

Continued detrimental impact.

Evidenced by: difficulties with interpersonal relationships, occasional obsessive-compulsive and panic states, some post-traumatic stress disorder, occasional sexual dysfunction, addiction to drugs, alcohol or substances, a long term significantly disabling physical injury resulting from a defined sexual assault, or lasting and significant anxiety, guilt, self-blame, lack of trust in others, nightmares, bed-wetting, aggression, hyper-vigilance, anger, retaliatory rage and possibly self-inflicted injury.

H2

Some detrimental impact.

Evidenced by: occasional difficulty with personal relationships, some mild post-traumatic stress disorder, self-blame, lack of trust in others, and low self-esteem; and/or several occasions and several symptoms of: anxiety, guilt, nightmares, bed-wetting, aggression, panic states, hyper-vigilance, retaliatory rage, depression, humiliation, loss of self-esteem

H1

Modest Detrimental Impact.

Evidenced by: Occasional short-term, one of: anxiety, nightmares, bed-wetting, aggression, panic states, hyper-vigilance, retaliatory rage, depression, humiliation, loss of self-esteem