Grace* describes her prolonged civil lawsuit against the ACT government as unethical and life-ruining.
The Canberran, who cannot be legally identified, is suing the territory for damages over alleged sexual assaults she says she endured in state care, at the hands of a then public servant.
"I want enough money that it goes some way towards compensating me for a life that I haven't had," Grace told The Canberra Times.
"I felt it was the least the territory could do after what they put me through."
Grace filed her claim for compensation in the ACT Supreme Court in 2021, for psychiatric harm suffered due to the alleged historical assault.
Since the case began, she has been through two different teams of solicitors, two settlement offers ignored by the territory - and most recently - the defence filing close to 30 subpoenas to examine her medical and education records, Grace said.
Historical allegations
Grace accused the government of dragging its feet after failing to protect her from the then public servant who allegedly groomed her while she was in custody of the state.
Using his position in the public service, Grace said the man built a close personal relationship with her before allegedly sexually assaulting her multiple times.
She also accused people assigned to her care of contributing to the man's then unrestricted access to her.
"My abuse was the worst kept secret," she said.
At one stage, while she was a state ward, Grace said the government paid for her to stay in a "seedy" southside motel.
She said the man picked her up after her late shifts at a fast food restaurant to allegedly sexually assault her at the motel.
This happened at least six times and the man described it as "looking after" her, Grace alleged.
She alleged there were a number of "successful and high-profile people" in Canberra who were culpable for "handing me to my perpetrator and turning a blind eye as to why a man should have such an interest in a [teenage] girl".
The defence
In response to her civil claim, the territory admitted Grace was in the custody of the Director of Family Services, but did not admit to claims of grooming or sexual assault.
Referring to the motel, the defence said Grace had lived there but did not admit the associated allegations.
However, Grace claimed the defence admitted that while in the territory's custody she had been raped by other people who were not government employees.
The government was approached for comment on the case and the associated allegations.
An ACT government spokesperson did not provide comment, saying public statements on the case could have a prejudicial affect on proceedings.
"As you will appreciate, it is not appropriate for the ACT government to comment on this matter which is currently before the court," she said.
Internal investigation found 'misconduct'
A government document revealing an investigation into the former public servant's "misconduct" was tendered as evidence in her case, Grace said.
"They did [an investigation] without talking to me," she said.
Her solicitors obtained, through freedom of information, a record of an investigation done more than 10 years after Grace complained about the man's behaviour.
She said the report acknowledged her issues with health and substance use as a young person and stated the man spent a lot of time providing her "personal support, sometimes late at night".
She said that it reported the man called her "3-4 times a day", bought her jewellery, a TV and Christmas presents.
It also reportedly said the man described his connection with Grace as "misguided altruism" and denied any sexual activity.
The report's author reportedly noted it was "a clear case of misconduct" and the man had acted inappropriately, but said there was no evidence to suggest sexual abuse.
Below a redacted section in the report, the author concluded the government had no "legal obligations" regarding abuse, Grace said.
Lack of anonymity
Grace said the defence filed subpoenas for her counselling records four months ago.
"Why did the government solicitors take this long? Waiting two-and-a-half years into a case to subpoena is a delay tactic," she alleged.
Grace applied to have a non-publication order on her name and birth date in an effort to keep her records private.
She feared she would be identified by colleagues. Grace said her court-assigned pseudonym had not protected her.
"My abuse ... has haunted me in workplaces years later when [senior] colleagues put two and two together as to who I was," she said.
Justice Michael Elkaim ruled the defence could access Grace's counselling records because she sought compensation for psychological and psychiatric injuries.
"The alleged abuse was persistent and pernicious. If proved, it would amount to a massive assault upon a vulnerable person," he said.
Grace said she was previously prepared for the case to go to trial but could no longer afford to wait.
"I've lost four years. The system is brutal," she said alleging the territory had been on notice about her claims since early 2020.
"If something goes on for four years, more people know about it ... I've heard of an instance where someone thought that they heard [a legal worker] talking about my matter in the pub."
The court said Grace would not need to pay her lawyers until proceedings finalised. But with no end in sight, she said her legal bills were close to half-a-million dollars.
"I have real concerns this jurisdiction wants to promote itself as forward-thinking ... nothing could be further than the truth," Grace said.
She alleged the defence did not respond to one of her settlement offers, and in another instance, responded but did not decline or accept an offer to finalise case.
'Unethical delay' in case
This masthead approached the defence for comment after Grace deemed the case's almost three-year duration unethical.
A spokesperson said: "It is not appropriate for the ACT government to provide commentary in relation to the substantive and procedural aspects of the case, which are matters for the court to determine."
Model litigant laws state governments must - wherever possible - handle civil claims quickly and make an early estimate of its likelihood of winning.
Grace said the ACT government had been far from a model litigant.
She added the defence submitted a mental health report - in court - which found she had benefited from the man's interactions with her.
"His intervention in her life had positive effects in that she trusted him and he gave her positive messages about herself and her capabilities and encouraged her to return to her studies," Grace quoted the report as saying.
Grace said: "Given the lifelong scars, it is my view [that] no model litigant would file such a report."
She wrote to Attorney-General Shane Rattenbury alleging the ACT had breached model litigant laws.
In his response, he reportedly said he raised the matter with the ACT government solicitor and did not find a breach.
"Your claim has been appropriately investigated and progressed in accordance with the timetable set by the ACT Supreme Court," he reportedly wrote.
The ACT Supreme Court's latest annual report (2021-2022) shows more than 70 per cent of civil cases were finalised in less than 12 months.
Grace's case could be among the 30-odd cases, as per Productivity Commission data, that have not been finalised for more than two years.
"I have long ditched the idea that anyone gets any justice through either a criminal or a civil process," she said.
*Grace is not her real name.
- Support is available for those who may be distressed: Phone Lifeline 13 11 14; 1800-RESPECT 1800 737 732; ACT's Domestic Violence Crisis Service 02 6280 0900; Canberra Rape Crisis Centre 02 6280 090; Kids Helpline 1800 551 800; Mensline 1300 789 978
