Peter Ellis web site - Christchurch crèche case


ACC Compensation for Sex Abuse - Index

 

2002 Index 

 




From [email protected] Mon Jan 07 19:49:31 2002

Newsgroups: nz.general

Subject: In this morning's mail

From: "jfwilson" <[email protected]>

Date: Mon, 7 Jan 2002 19:49:31 +1300

 

from Wakefield Associates, Barristers and Solicitors.

 

"Victims of sexual abuse have a legal right to ACC financial compensation"

 

"You may be entitled to a lump sum of up to $25,000 and ongoing payments valued in excess of $150,000"

 

 "Sexual abuse may take the form of rape, incest, violation or assault.  Whatever the form of abuse suffered, the consequences and effects of the abuse can be ongoing.  Symptoms can include for example loss of self-esteem, depression, anxiety, irritability and concentration difficulties.  Many people that have suffered from abuse are not aware of their entitlement to relief and compensation.    We can assist by assessing options for entitlement and assisting with claim lodgement with ACC.    Although a financial award can never alter the fact that the abuse has occurred, a lump sum payment or ongoing payments

may assist in the recovery process.  It is important to be aware that an abused person need fear no repercussions from the abuser in making a claim.  The abuse does not have to have been reported to the Police.  The abuser does not have to be named. If you believe that you may be entitled to compensation fill out the attached freepost form and return it to us.  We will then advise you of the appropriate steps to take.  Your information will be completely confidential to the claims process.    Our fee for advising and representing you is  25%  (plus GST) of any resulting lump sum plus all of any first quarterly payment made by ACC.  If your claim is unsuccessful, there is no charge. If you would like us to pursue a claim on your behalf fill in the freepost form  (attached)  and return it to us as soon as possible."

 

Anyone with a little imagination and short of funds could be sorely tempted.  I do not pay any money to the ACC, but if I did I would be angry. What on earth does sexual abuse have to do with accident insurance?

 

John

 

 


 

 

From [email protected] Mon Jan 07 20:20:02 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: "Sonn" <[email protected]>

Date: Mon, 7 Jan 2002 20:20:02 +1300

 

... and shame on Wakefield Associates, Barristers and Solicitors for taking ALL of the first quarterly payment PLUS 25% of the FULL payment.  Of course they're keen to pursue any claims on your behalf because of their genuine human concern.

 

If a victim is entitled to ACC they should be able to access their entitlement without being violated again.

S.

 

 


 

 

From [email protected] Tue Jan 08 06:24:34 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: [email protected]

Date: 7 Jan 2002 17:24:34 GMT

 

Sonn <[email protected]> wrote:

 

and shame on Wakefield Associates, Barristers and Solicitors for taking ALL of the first quarterly payment PLUS 25% of the FULL payment.  Of course they're keen to pursue any claims on your behalf because of their genuine human concern.

 

It goes a long way towards confirming lawyers as being one of the lower forms of life.

 

If a victim is entitled to ACC they should be able to access their entitlement without being violated again.

 

But first they should be able to show some real evidence of sexual abuse - not just say-so or hear-say from 20 years ago or conviction of the person responsible based on flimsy circumstantial evidence or solely on the word of a child.

 


 

 

From [email protected] Tue Jan 08 11:20:34 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: Gurble <[email protected]>

Date: Tue, 08 Jan 2002 11:20:34 +1300

 

On 7 Jan 2002 17:24:34 GMT, [email protected] wrote:

 

But first they should be able to show some real evidence of sexual abuse - not just say-so or hear-say from 20 years ago or conviction of the person responsible based on flimsy circumstantial evidence or solely on the word of a child.

 

Unfortunately, this is what happens all too often. It's very easy to accuse someone of sexual abuse, especially when there is a great big carrot out there. Unfortunately, unless a sexual abuse complaint is made soonish after the event, the lack of physical evidence means it is very hard to prove or disprove. And, as we all know, it's guilty until proven innocent when it comes to sex crimes.

 

I think the saddest biproduct of a large number of false sexual abuse claims is that it casts a shadow of disbelief on the real victims, meaning that some of the wankers that actually DO do this sort of thing are more likely to get away with it.

 


 

 

From [email protected] Tue Jan 08 11:22:34 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: "PapaBear" <[email protected]>

Date: Tue, 8 Jan 2002 11:22:34 +1300

 

 

"Gurble" <[email protected]> wrote in message

 

Unfortunately, this is what happens all too often. It's very easy to accuse someone of sexual abuse, especially when there is a great big carrot out there. Unfortunately, unless a sexual abuse complaint is made soonish after the event, the lack of physical evidence means it is very hard to prove or disprove. And, as we all know, it's guilty until proven innocent when it comes to sex crimes.

 

I think the saddest biproduct of a large number of false sexual abuse claims is that it casts a shadow of disbelief on the real victims, meaning that some of the wankers that actually DO do this sort of thing are more likely to get away with it.

 

True - The victims aren't believed and the accused aren't believed.

 

It's a weird situation.

PapaBear

 

 


 

From [email protected] Tue Jan 08 19:16:39 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: [email protected] (Cath)

Date: 7 Jan 2002 22:16:39 -0800

 

I was on the understanding that the maximum payout was $10,000.   Plus ACC would continue paying for on-going therapy.

 

From my daughter's experience, $10,000 is little compared to the long term damage genuine victims suffer.    No amount of money can be placed on that.   What makes us both angry is the offender admitted to what she wrote in her statement and the Police never charged him so he is walking around capable of doing it again.    He could be your next door neighbour.    Was she the only victim of his, no.    The other young girl's parents decided not to lay a complaint with the Police but I made sure they knew about it.

 

As she was under 21, the amount had to be paid into either the Public Trust or into a lawyer's trust until she reached 21.

 

A flat fee of 25% of a claim is the normal US lawyers work on for various claims.   Most offer a free consultation first.   Some States limit the amount lawyers can claim under State Workers Compensation claims.    There is no 'plus'.   It is indeed sad to see this law firm do what it has and I can only hope they are reprimanded and fined by their own kind.

 

Can a member of the public lay a complaint with the Law Society?  Adopting the US method of advertising may be one of the things NZ may see more of, however this case was way out of line.

 

Cath

 


 

 

From [email protected] Tue Jan 08 20:07:43 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: [email protected] (Newsman)

Date: Tue, 08 Jan 2002 07:07:43 GMT

 

On 7 Jan 2002 22:16:39 -0800, [email protected] (Cath) wrote:

 

I was on the understanding that the maximum payout was $10,000.   Plus ACC would continue paying for on-going therapy.

 

From my daughter's experience, $10,000 is little compared to the long term damage genuine victims suffer.    No amount of money can be placed on that.

 

Why should any money *at all* be paid by the taxpayer?

 

What is the money *for*?

 

Newsman

 


 

 

From [email protected] Tue Jan 08 21:45:47 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: John Cawston <[email protected]>

Date: Tue, 08 Jan 2002 21:45:47 +1300

 

Newsman wrote:

Why should any money *at all* be paid by the taxpayer?

 

If sexual abuse is at the levels that have been claimed. Not one cent.. its

a normal human activity.

 

What is the money *for*?

 

If sexual abuse is at the levels often claimed, a payment would prove that

one was "normal"; surely a good thing.

 

JC

 

 


 

 

From [email protected] Tue Jan 08 22:41:14 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: [email protected] (Newsman)

Date: Tue, 08 Jan 2002 09:41:14 GMT

 

On Tue, 08 Jan 2002 21:45:47 +1300, John Cawston [email protected] wrote:

If sexual abuse is at the levels often claimed, a payment would prove that one was "normal"; surely a good thing.

 

How might the payment of money "prove" any such thing?

 

Newsman

 


 

 

From [email protected] Tue Jan 08 23:07:47 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: John Cawston <[email protected]>

Date: Tue, 08 Jan 2002 23:07:47 +1300

 

Newsman wrote:

How might the payment of money "prove" any such thing?

 

Its a known fact that impressionable young females need to be considered as "one of the gang". Any girl not abused by a parent, relative or member of the Mongrel Mob would obviously be disadvantaged at school without  a clause in the ACC legislation which allowed them to claim such abuse at some time in the past which required no physical evidence whatsoever, did not name a perpetrator (but allowed the interviewer to speculate) and accepted bad behaviour as evidence of sexual abuse.

 

OK. I'm being ironic, but it seems to me that sexual abuse has replaced the 50s and 60s fad of being in therapy by Hollywood stars.. only now its more widespread.

 

JC

 

 


 

 

From [email protected] Tue Jan 08 23:50:30 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: [email protected] (Brian)

Date: Tue, 08 Jan 2002 10:50:30 GMT

 

On Tue, 08 Jan 2002 23:07:47 +1300, John Cawston <[email protected]>

wrote:

 

Its a known fact that impressionable young females need to be considered as "one of the gang". Any girl not abused by a parent, relative or member of the Mongrel Mob would obviously be disadvantaged at school without  a clause in the ACC legislation which allowed them to claim such abuse at some time in the past which required no physical evidence whatsoever, did not name a perpetrator (but allowed the interviewer to speculate) and accepted bad behaviour as evidence of sexual abuse.

 

OK. I'm being ironic, but it seems to me that sexual abuse has replaced the 50s and 60s fad of being in therapy by Hollywood stars.. only now its more widespread.

 

 

I think there is a lot of truth in your irony.  While the official Rape Crisis line is the supposedly rhetorical question "Why would anyone claim abuse when it hasn't happened", the playground talk among teens is another story.

 

Fortunately, even if what I say above is true, the rate of false allegations of abuse that are taken further than playground stories has diminished to become a mere fraction of the rate at the height of the problem in the early to mid 1990's.

 

Of course the rate of false allegations of sexual abuse diminished at the same time that lump sum payments were removed.  

 

God help what will occur when and if lump sum payments are reintroduced - without the need for the supposed crime to be corroborated in any way.

 


 

 

From [email protected] Tue Jan 08 23:58:20 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: [email protected] (Newsman)

Date: Tue, 08 Jan 2002 10:58:20 GMT

 

On Tue, 08 Jan 2002 23:07:47 +1300, John Cawston <[email protected]>

wrote:

 

Its a known fact that impressionable young females need to be considered as "one of the gang". Any girl not abused by a parent, relative or member of the Mongrel Mob would obviously be disadvantaged at school without  a clause in the ACC legislation which allowed them to claim such abuse at some time in the past which required no physical evidence whatsoever, did not name a perpetrator (but allowed the interviewer to speculate) and accepted bad behaviour as evidence of sexual abuse.

 

OK. I'm being ironic, but it seems to me that sexual abuse has replaced the 50s and 60s fad of being in therapy by Hollywood stars.. only now its more widespread.

 

It's an entire industry constructed on suspicion, rumour, lies, malicious gossip and, above all, the perverted need to *punish* and to satisfy a lust for self-righteous retribution; all of which were once the very stuff of ignorant village societies, but are nowadays whipped up by a suggestive media feeding a bored and suggestible public desperate to swill yet another serving from the pig-trough of cynically contrived scandal.

 

The very notion of *money* as compensation is nothing less than conceding to naked venality and greed in a society where little other than the $ sign matters.

 

The signs are both degenerate and malign.

 

Newsman

 


 

 

From [email protected] Tue Jan 08 14:21:48 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: [email protected] (P Thorn)

Date: Tue, 08 Jan 2002 01:21:48 GMT

 

This is truly ambulance chasing.  I have been listening to the radio and it seems this is a nationwide mailout.  It may cause a backlash on the company as several people have returned the mailer with very rude messages enclosed.

 

P.

 


 

 

From [email protected] Tue Jan 08 18:38:06 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: "paraNews" <[email protected]>

Date: Tue, 8 Jan 2002 18:38:06 +1300

 

"P Thorn" <[email protected]> wrote in message

This is truly ambulance chasing.  I have been listening to the radio and it seems this is a nationwide mailout.  It may cause a backlash on the company as several people have returned the mailer with very rude messages enclosed.

 

I expect the labour party who explicitly said on their website before the last election, that lump sums for mental injury WOULD NOT be reintroduced, would have preferred  the fact that they have re-introduced lump sums for abuse etc to remain out of the news.

 

Unfortunialty for them, the greed of lawyers who saw a "gift horse" have tripped labour up.

 

 


 

 

From [email protected] Tue Jan 08 21:40:39 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: Winston Wealleans <[email protected]>

Date: Tue, 08 Jan 2002 21:40:39 +1300

 

On Tue, 8 Jan 2002 18:38:06 +1300, "paraNews" <[email protected]> wrote:

 

I expect the labour party who explicitly said on their website before the last election, that lump sums for mental injury WOULD NOT be reintroduced, would have preferred the fact that they have re-introduced lump sums for abuse etc to remain out of the news.

 

Unfortunialty for them, the greed of lawyers who saw a "gift horse" have tripped labour up.

 

The Dominion

(Wellington, New Zealand)

08 December 2000,  

page 8

 

ACC sex-abuse payments to be vetted, says Cullen

By David McLoughlin

 

 

THE Government hopes to prevent another blowout in ACC sex-abuse payments by more careful medical scrutiny of claims when lump-sum payments are restored under a bill before Parliament.

 

When lump sums for victims of rape and sexual abuse were last available, the number of claims rose from 221 in 1988 to 13,000 in 1993, when such payments were abolished because of the rapidly rising cost.

 

Critics said many claims were fraudulent or driven by therapists "planting" false memories. Claimants were almost always automatically paid $10,000 on application, with no checks to see if the abuse happened and if anyone had been prosecuted.

 

Criminal prosecutions for all categories of sex crimes have averaged about 700 a year in the past 13 years but ACC claims related to sex abuse (including counselling since 1993) have averaged 6000 a year. ACC Minister Michael Cullen introduced his Injury Prevention and Rehabilitation Bill to Parliament last week. It reintroduces lump payments of up to $100,000 for accident victims who suffer lasting physical impairment.

 

It also provides for lump sums for "mental injury caused by certain criminal acts", defined as sex crimes including rape and sexual abuse. Claims will be paid whether or not there has been a complaint to police or a prosecution.

 

Aucklander Gordon Waugh, a long-time campaigner against false allegations of sexual abuse, said the bill's open-ended wording would lead to further false claims and a budget blowout.

 

ACC continued to pay therapists to counsel abuse victims after lump sums were cut off, he said. There were 10,800 such new cases in 1994, falling slowly to 4400 in the year to June 30. All new claimants from the date the bill is passed, expected to be late next year, will be able to claim lump sums as well as having their counselling paid for.

 

Dr Cullen said yesterday that the Government recognised the risk of spurious claims, but planned tight constraints. Claimants would be assessed for lump sums only after providing a certificate from a medical practitioner qualified to assess mental injury.

 

Asked why a complaint to police or a criminal conviction was not needed, Dr Cullen said that could disqualify many legitimate victims.

 

The bill provides payments for mental injury caused by sexual trauma, but not for people traumatised by witnessing or surviving a crash without physical injuries. Dr Cullen said it was decided the cost would be prohibitive.

 

 


 

 

From [email protected] Tue Jan 08 18:41:56 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: Anyone you want me to be <[email protected]>

Date: Tue, 08 Jan 2002 18:41:56 +1300

 

On 7 Jan 2002 17:24:34 GMT, [email protected] wrote

But first they should be able to show some real evidence of sexual abuse - not just say-so or hear-say from 20 years ago or conviction of the person responsible based on flimsy circumstantial evidence or solely on the word of a child.

 

And it is just as easy to deny actual sexual abuse by saying the claim was made on the unsubstantiated word of a child.

 

 


 

 

From [email protected] Tue Jan 08 18:48:10 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: John Cawston <[email protected]>

Date: Tue, 08 Jan 2002 18:48:10 +1300

 

Anyone you want me to be wrote:

And it is just as easy to deny actual sexual abuse by saying the claim was made on the unsubstantiated word of a child.

 

Peter Ellis might disagree.

 

JC

 

 


 

 

From [email protected] Tue Jan 08 19:12:43 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: Anyone you want me to be <[email protected]>

Date: Tue, 08 Jan 2002 19:12:43 +1300

 

On Tue, 08 Jan 2002 18:48:10 +1300, John Cawston <[email protected]> wrote

Peter Ellis might disagree.

 

And the children that were raped and not believed by people like Brian R and Winston W see it as being raped all over again when they are called liars.

 

 


 

 

From [email protected] Tue Jan 08 20:17:48 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: John Cawston <[email protected]>

Date: Tue, 08 Jan 2002 20:17:48 +1300

 

Anyone you want me to be wrote:

And the children that were raped and not believed by people like Brian R and Winston W see it as being raped all over again when they are called liars.

 

Provide the evidence. Both for the rapes and any direct quotes from the (now) adults. Provide any physical evidence supplied to the various court actions.

 

JC

 

 


 

 

From [email protected] Tue Jan 08 23:55:58 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: [email protected] (Brian)

Date: Tue, 08 Jan 2002 10:55:58 GMT

 

On Tue, 08 Jan 2002 19:12:43 +1300, Anyone you want me to be <[email protected]> wrote:

And the children that were raped and not believed by people like Brian R and Winston W see it as being raped all over again when they are called liars.

 

Greg, I have never called the children at the centre of the Creche case liars.  I do not recall Winston ever having done so either. Peter Ellis was reported in David McLoughlin's 1996 article to be concerned for the children.

 

Sure, the children were wrong in the stories that they were coached to regurgitate. 

 

But I'd call the child interrogators like Sue Sidey the liars, a lot sooner than I'd ever think about claiming the children liars.  It was, after all the interrogators that made the stories up.

 


 

 

From [email protected] Tue Jan 08 19:27:28 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: "paraNews" <[email protected]>

Date: Tue, 8 Jan 2002 19:27:28 +1300

 

"Anyone you want me to be" <[email protected]> wrote in message

And it is just as easy to deny actual sexual abuse by saying the claim was made on the unsubstantiated word of a child.

 

The fact that sexual abuse is so hard to prove or disprove, has meant that claims in relation to sexual abuse one way or the other are a very powerful weapon in the battle of the genders for power and control. Feminists made great progress in obtaining power from men when abuse's profile was raised and now mens groups are using false claims as the spearhead of their backlash.

 

Which is why Phill Goff can't back down over Peter Ellis.

 

 


 

 

From [email protected] Tue Jan 08 21:38:43 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: Patrick Dunford <[email protected]>

Date: Tue, 8 Jan 2002 21:38:43 +1300

 

In article <[email protected]> in newsgroup nz.general on Tue, 8 Jan 2002 19:27:28 +1300, paraNews([email protected]) said...

 

The fact that sexual abuse is so hard to prove or disprove, has meant that claims in relation to sexual abuse one way or the other are a very powerful weapon in the battle of the genders for power and control. Feminists made great progress in obtaining power from men when abuse's profile was raised and now mens groups are using false claims as the spearhead of their backlash.

 

Which is why Phill Goff can't back down over Peter Ellis.

 

Phil Goff can't back down because, like Rod Donald, once elected he would

come under pressure from feminist colleagues not to take further action.

 

 


 

 

From [email protected] Tue Jan 08 21:36:45 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: Patrick Dunford <[email protected]>

Date: Tue, 8 Jan 2002 21:36:45 +1300

 

Anyone you want me to be([email protected]) said...

And it is just as easy to deny actual sexual abuse by saying the claim was made on the unsubstantiated word of a child.

 

In the Ellis case the interviewing techniques made most of the "evidence" worthless.

 

 


 

 

From [email protected] Tue Jan 08 22:14:01 2002

Newsgroups: nz.general

Subject: Re: In this morning's mail

From: "Dudley Dunn" <[email protected]>

Date: 8 Jan 2002 22:14:01 +1300

 

 

Patrick Dunford <[email protected]> wrote:

In the Ellis case the interviewing techniques made most of the "evidence" worthless.

 

Goff hired a stooge in Eichelbaum, gave him a narrow range of reference, the topic of which was pure psychobabble, that was guaranteed to return the result Goff wanted.  And the prick won't read Lynley Hood's book.  Hood shows very well what started and drove the whole thing.

 

Goff, by ignoring the obvious, is being grossly irresponsible and should be charged with gross negligence and dereliction of duty.