Child abuse victim repays SA Government $100k before being compensated for its ‘failure’ to protect her from two pedophiles

She suffered repeatedly at the hands of pedophiles despite disclosing their abuse – but this survivor has had to pay the government to get compensation.

An innocent girl who was repeatedly raped by two men has had to reimburse the state government $100,000 before being compensated for its alleged failure to protect her from harm.

The Advertiser can reveal the woman, known as “Diana”, has this week repaid her full Victims of Crime Compensation Fund payment to the government as part of ending her separate negligence claim.

Five years ago, Diana received $100,000 from the fund – which had a $248 million balance as at May 2025 – for the abuse inflicted by her stepfather and step-uncle.

She subsequently sued the Department of Education, alleging it failed to fulfil its mandatory notification obligations when she disclosed, to a teacher, she was being abused.

The government then offered $200,000 to settle her claim – but also required Diana sign a deed agreeing the $100,000 “already paid to me … will be repaid to the Victims of Crime Fund as part of the settlement sum”.

A sexual abuse survivor has had to repay $100,000 to the state government in order to be compensated. Picture: Stock image

The $100,000 had been awarded to her in recognition of the physical and emotional harm caused by her abusers, and was not connected to any alleged Department inaction.

On Friday, Diana said she was “angry and appalled”.

“I spent nearly eight years in the criminal justice system to put those pedophiles away, and I’ve not got much fight left in me,” she said.

“I feel like the government was trying to take my voice, that the system was still silencing me … I’m sick of being screwed over.

“As a child, I told a teacher I was being abused and nothing was done … the government should own up to its responsibility.

“You can’t move on, you can’t heal, when you’re being forced to re-live childhood abuse.”

Diana’s case is the second example, in two years, of crime survivors being required to refund the government before settling lawsuits.

Attorney-General Kyam Maher. Picture: Brett Hartwig

In May 2024, the family of the Hillier triple murder victims had to reimburse the government $40,000 before the Department for Child Protection was held accountable for its role in their “preventable deaths”.

Attorney-General Kyam Maher, who declined to exercise his discretion to waive the reimbursement, claimed that family had “misunderstood” the situation.

On Friday, a state government spokeswoman said it “has not sought and will not seek to be repaid any money by the victim from compensation already received” from Diana.

However, she said “further compensation provided often takes into account initial payments that have been made” for “the same damages”.

“We offer our sincere condolences for the horrific offending that the victim suffered … the offenders have not been absolved of their financial liability for civil damages,” she said.

“The government retains the right to bring an action against the offender for the recovery of the civil damages it has paid.”

Diana’s lawyer, Andrew Carpenter, said the government had made its attitude toward victims clear.

“This is yet another failure and broken promise on behalf of a government that has shown, and continues to show, it will not come down on the side of victims every day of the week,” he said.

“Its refusal to use its discretion is yet another win for offenders at the expense of victims.

“If Mr Maher is refusing to exercise his discretion to forgive the recovery of payments for children who have been murdered or raped due to the negligence of the state, when will he ever exercise his discretion?”