“The government must prioritize closing this loophole,” Olver said.

Charging

In one case, Emily, who asked that her last name be withheld, accepted a settlement of more than $300,000 from her abuser to avoid a long and traumatic court process after being sexually abused as a teenager.

Weeks later, the abuser, who had already spent time in jail for sexually assaulting schoolgirls, declared bankruptcy.

He quietly cleaned out his bank accounts and retirement fund, transferring all of his assets into his wife’s name, including a new house he had just purchased.

“I ended up getting nothing at all,” Emily said. “I felt completely victimized again. For him everything was a game. “He never had any intention of paying a cent.”

Adelaide-based lawyer Andrew Carpenter, who has been pushing for reform for years through the Super for Survivors campaign, said the delays were unacceptable.

He said it was not simply that super funds were not available to victims, but that pedophiles were deliberately taking steps to hide assets by burying them in their retirement.

It estimated that taxpayers paid more than $30.1 billion a year in child sexual abuse matters.

“Most of the time, it doesn’t cost criminals a dime. In fact, they want taxpayers to compensate them for their crimes,” he said.

Another child sexual abuse survivor, whose perpetrator was charged by police in 2019, described the process of seeking financial compensation as “excruciating” and said government delays had given her perpetrator years to hide all of his assets.

The Melbourne mother-of-two, who asked that her name be withheld because her case is before the courts, believed anyone accused of sexual assault should disclose their financial circumstances at the time of arrest.

He also said the government should fast-track laws that allow victims of child sexual abuse to access their abuser’s retirement.

“When you commit such an insidious crime, you have no right to a comfortable life,” he said.

The Melbourne woman said the abuse she experienced as a child influenced every aspect of her life and led her into a cycle of traumatic and abusive relationships.

“I often wonder who I could have been if this hadn’t happened to me,” he said.

Olver said survivors of sexual abuse were often left with ongoing physical and mental pain.

“They have often been unable to work as a result of the abuse, or had limited work capacity, and need ongoing support for the rest of their lives,” she said.

Last year, the government published a discussion paper for consultation, outlining two proposals for releasing an offender from retirement.

Under the proposed changes, certain extraordinary contributions by an offender in the period leading up to criminal proceedings would be made available to victims.

Charging

The proposed scheme will allow survivors of child sexual abuse to apply for access, through a court order, to additional personal retirement or salary sacrifice contributions made by the offender, when a related court order for compensation remains unpaid after 12 months .

The issue first came to light in 2017, when victims of convicted Bega Valley pedophile Maurice Van Ryn discovered they would not be able to access hundreds of thousands of dollars in superannuation through a civil compensation claim.

If you or someone you know is experiencing sexual abuse or family violence, please contact:

National Sexual Assault and Domestic Violence Counseling Service 24-hour helpline 1800 RESPECT at 1800 737 732