Trigger warning // sexual violence, threats of violence
During her childhood, Samantha* was physically and sexually abused by her uncle many times.
The uncle lived with Samantha, her parents and her siblings. In addition to the sexual abuse, Samantha lived in constant fear as her uncle made constant threats to kill her. These threats terrified young Samantha and prevented her from telling anyone in her family about the abuse for several years.
However, at primary school, Samantha finally told a friend about the abuse, who then told her mother, who subsequently told the police. Though Samantha made a report to police at that time, the police did not investigate further. Some years later, in her late twenties, Samantha again approached the police to report the abuse. By this point, Samantha’s mental health was severely compromised, and she was finding it difficult to function in her day-to-day life.
After reporting the abuse to the police for a second time, Samantha was eventually referred to the South Eastern Centre Against Sexual Assault (SECASA) for counselling and support. Through the Integrated Services for Survivor Advocacy, a partnership between SECASA and SMLS, Samantha was able to get trauma informed legal help from SMLS.
Our lawyer worked closely with Samantha’s SECASA counsellor, ensuring Samantha was supported throughout the difficult legal process.
Samantha’s uncle was ultimately charged and convicted of the sexual offences. SMLS assisted Samantha with the criminal process. Regrettably, as her uncle did not have any assets, neither a sentencing act application nor a common law claim in damages for assault could be brought.
SMLS supported Samantha to apply for Victims of Crime compensation through the Victims of Crime Assistance Tribunal. This took 2 years of advocacy and ongoing support, and SMLS was pleased to obtain a very generous award for Samantha to help her recover from the abuse. The total amount was $35,000, allowing Samantha to continue to recover from the effects of the abuse, by undertaking further counselling, getting fit, and studying for a Diploma so that she can go on to pursue her professional goals.
“Recognising the impacts of trauma and how this shapes victim-survivors’ needs is integral to providing legal support which minimises the risk of re-traumatisation and empowers clients who may otherwise struggle to navigate the legal system.” ISSA Lawyer, Cristiana Tomasino
Integrated Services for Survivor Advocacy
The Integrated Services for Survivor Advocacy (ISSA) partnership supports victims/survivors to recover from sexual assault and/or family violence by supporting them to navigate the legal system.
ISSA is a 25 year old health justice partnership between Springvale Monash Legal Service (SMLS) and the South Eastern Centre Against Sexual Assault and Family Violence (SECASA). The program provides legal advice, assistance and representation to victims/survivors of sexual assault, and family members affected by the assault other than the offender. The service specialises in Applications for Assistance to the Victims of Crime Assistance Tribunal.
In 2019-2020 financial year, ISSA assisted 116 victim/survivors, being awarded a total of $550,000 in compensation.
“The integration of practice between SMLS and SECASA holds the survivor at the centre throughout. The ISSA program can offer clients of SECASA who have experienced sexual assault or family violence an opportunity to engage in a healing experience outside of traditional legal processes and can result in financial assistance for survivors that may also assist in the recovery from trauma.” – SECASA Director Katherine Dowson
The service is supported by SMLS staff, volunteers and Clinical Placement students from Monash University Faculty of Law.
“ISSA is one of the oldest health justice partnerships in Victoria. Its longevity is a testament to both organisations committed to providing trauma-informed and person-centred services. ISSA recognises that victim/survivors’ needs are interrelated and need to be addressed holistically, and that ‘Justice needs’ are about more than just the criminal justice process.” – SMLS Executive Director, Kristen Wallwork
*Please note, SMLS changes people’s names and details have been altered in case studies in order to protect people’s confidentiality
