Victim seeks $100,000 in damages over rape while being inmate at Magill Training Centre

A MAN raped by another inmate while being held in the Magill Training Centre when he was just 11-years-old, is seeking an out-of-court damages settlement.

A MAN, who was raped while in state care at the Magill Training Centre is seeking a $100,000 settlement from the State Government.

The man, now aged 19, was attacked by a fellow inmate when he was an 11-year-old ward of the state.

The Advertiser can reveal that, despite a police investigation conducted into the December 2005 incident, the offender was not charged.

Duncan Basheer Hannon lawyer Matt DeGregorio said the man had been subjected to a horrific sexual assault that had impacted the past eight-plus years of his life.

“For an 11-year-old in a prison to be raped by an older, larger inmate would be very traumatic,’’ he said.

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“Besides the initial attack, one of the most distressing aspects remains the fact that the prison population is aware of what took place because of the circumstances.

“The sad fact is those he has been in custody with know about it and as a direct result he has been the subject of bullying and taunting for a considerable period of time in juvenile facilities and more recently, in adult facilities.’’

Mr DeGregorio has been acting for the man since 2008, but an offer of $50,000 by the Crown Solicitor’s Office last month to settle the claim has been rejected because it will essentially see the man receive nothing.

The CSO has stated it will deduct $10,614 in unpaid fines the man has incurred from that amount and legal and medical costs incurred already total more than $44,000.

Mr DeGregorio said the move was “not uncommon’’.

“We have had other cases that have settled in which the Crown has insisted on any unpaid fines being recovered,’’ he said.

The $50,000 offer was ­rejected earlier this month and the counter claim of $100,000 plus payment of legal costs made, along with a formal request to write off the amount owed for the unpaid fines.

“We inquire,” the counter claim states, “as to whether this is how your client wants to deal with children who are sexually abused and harmed while in their care?

“Is it necessary for your client to insist on recovering the money from the fines payment unit in these circumstances?’’

A CSO spokesman on Thursday said the department “cannot comment on individual cases, particularly if they are the subject of ongoing legal correspondence.’’