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A child survivor of sexual abuse in Tasmania has been awarded $2 million from a court after a legal battle over the extent of the state’s liability.
Katrina Munting was abused by her science teacher, Marcus James Pollard, while a student at Hobart High School in the late 1990s.
Pollard pleaded guilty in 2020 to continuous sexual abuse of a young person and was sentenced to three years in prison.
Munting launched a civil action against Pollard and the state of Tasmania for damages and said she had failed to reach her full potential.
In a decision handed down on Monday, the Supreme Court of Tasmania awarded Munting a total of $2,016,135 after a trial that ended in March 2023.
The state has assumed vicariance liability for Pollard’s abuse, but Munting argues that its level of accountability is higher.
“While this is a very pleasing outcome, no amount of money will ever undo the damage done by my abuser and his enablers,” Munting told the court on Monday.
“I finally held the state accountable for their failings. Because he is their employee and they are bystanders.
“They knew and did nothing.
Judge David Porter found that the abuse was specifically brought to the attention of the school’s then headmaster and higher education department officials in February 2000.
Shortly thereafter, Pollard was “effectively removed” and resigned in April 2000.
Tasmania Police were not notified and no complaint was made until Munting commenced criminal proceedings in November 2018.
Pollard also breached his duty of care by engaging in retaliatory and retaliatory conduct following the sexual misconduct, Judge Porter ruled.
The judge described Munting as an excellent student who participated in many aspects of school life.
She had experienced significant psychological distress over many years, had been diagnosed with post-traumatic stress disorder, had periods of dissociation and was on anti-depressant and other medication, the court was told.
Munting told the civil trial that she was offered a doctorate at the University of Tasmania but declined because Pollard was teaching there at the time.
She said she decided to become a teacher so she could protect children.
“I stand here for my case, but I also stand for a large number of other surviving victims who, for many reasons, cannot stand [court],” she said.
“They will also get quite a bit of healing from it.
“I hope the state will take this case and think very carefully about the approach they’ve taken and what they’ve put me through.”
“I hope it makes a difference for them.”
Pollard and the state were ordered to pay $1,976,135 — the state was also ordered to pay $15,000 in aggravated damages and Pollard $25,000 in exemplary damages.
About $1.38 million of the amount covers Munting’s loss of past and future earning capacity.
1800 RESPECT (1800 737 732)
National Sexual Abuse Support and Compensation Service 1800 211 028
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