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The Press
January 10, 2002

Sexual abuse victim hits out at mailout 'feeding off misery'
by Andrew Moffat

Sexual abuse victim Aimee Uren says a Christchurch law firm's controversial mailout is feeding off others' misery and hurting those it is supposed to help.

 

Wakefield Associates, a law firm specialising in ACC claims, has mailed out one million leaflets nationwide urging victims of sexual abuse to use its services.

 

The leaflet points to possible one-off payments of up to $25,000 and ongoing sums in excess of $150,000 available from ACC.

 

The law firm charges 25 per cent of any lump-sum payment plus all of

the first quarterly payment.

 

The move has drawn criticism from ACC and sexual-abuse victims. It has also reignited the debate over lump-sum ACC payments to be introduced on April 1.

 

Ms Uren, who received a $10,000 payment from ACC after being sexually abused as a young child, said she was disgusted when she got the pamphlet in the mail.

 

"It's basically saying, `we are going to feed off your misery and we are going to take money off you'."

 

She still suffers from bouts of depression and flashbacks as a result of the abuse and being reminded of it in this way was galling, she said.

 

There was no need for lawyers to involve themselves in the claim process and Wakefield Associates should be penalised. "They have to be dragged over the coals for it."

 

Susan Hayward, an accident compensation law specialist from Napier law firm Callinicos Hayward, said Wakefield Associates was taking advantage of people who had already suffered.

 

Ms Hayward said that in her experience ACC told people of their entitlements and a lawyer should only be engaged if problems occurred.

 

Advertising large lump-sum payments could encourage fraudulent claims and there was a danger people would not realise they were entering a binding contract when they returned the pamphlet.

 

Wakefield Associates principal Garry Wakefield said sexual abuse was a touchy subject and many victims were not being told of their entitlements. "No-one is looking after these people and ACC certainly isn't from what we can gather."

 

The firm had acted in over 600 sensitive claims cases in the past five years and there was a genuine need for its services, he said.

 

Mr Wakefield said the firm had been "flat out" taking calls about the advertising, which was aimed at people who were eligible for back payments under the current system. The firm would also be able to act for those seeking lump-sum payments after April 1.

 

Fraudulent claims would be prevented by the rules which required evidence backed by approved professionals, he said.

 

ACC national claims unit manager Gail Kettle said the agency had fielded over 3000 calls.

 

Mrs Kettle said people who had been abused before the new act came into force on April 1 were not eligible for new lump-sum payments but they may be eligible for back payments of various allowances.

 

The average sexual-abuse claimant was receiving between $700 and $900 annually, she said.

 

After April 1, a $100,000 lump-sum payment could be made for a debilitating injury but sexual-abuse claimants would receive much less.

 

Canterbury District Law Society president Robert Perry said no written complaints had been received.