District Court lawsuit alleges teacher Mieka Owens-Phillips abused female student, her teaching registration is still active

A lawsuit claims this teacher repeatedly sexually abused a female student a decade ago, and that the government has been told – but she’s still cleared to work with kids.

 

A teacher who, a court has been told, admitted sexually abusing a female student remains registered to work – despite the state government knowing about the allegations.

A woman known as “Bessa” is suing the government over its alleged failure to protect her from Mieka Owens-Phillips, who has taught at schools on the Limestone Coast, in Adelaide and the Riverland.

In her District Court documents, Bessa alleges Ms Owens-Phillips sexually assaulted her during her final year of high school more than a decade ago.

Bessa further alleges that, in October 2023, she used social media to confront Ms Owens-Phillips who replied: “I’ve been worried about this day coming.”

“I’m sorry that you now have a different perspective and can’t see the love,” her message, quoted in Bessa’s court papers, reads.

“You’re welcome to destroy my life at any stage as you have the power, whatever you do won’t be as bad as what I have done to myself.”

Mieka Owens-Phillips. Picture: Supplied

A digital rendering of a social media message allegedly sent by Ms Owens-Phillips. Source: District Court documents

Bessa is also seeking aggravated and exemplary damages, claiming the government breached statutory suppression laws by outing her, to her mother, as a “survivor of child sexual abuse”.

She alleges that, when she declined to become involved in an investigation into Ms Owens-Phillips, the government called her mother – who knew nothing about the alleged abuse.

That call, she alleges, breached the Evidence Act which gives anonymity to any person “alleged in legal proceedings to be the victim of a sexual offence” unless they consent to being identified.

The Teachers Registration Board of SA website shows Ms Owen-Phillips’ registration remains current and is not due to expire until 2029.

On Friday, Bessa told The Advertiser she was horrified to think a teacher accused of sexual abuse is still permitted to work with students.

“Here we are, more than a decade later, and I’ve got to deal with the ramifications in terms of nightmares, depression and anxiety,” she said.

“I’m now a parent and I’m very concerned as to what has happened, why she has been teaching the entire period since notification was made.

“The Department of Education and state government have alleged admissions from her and yet she continues to be a registered teacher.

“From what I can see, they have taken no action.”

Bessa’s lawyer, Andrew Carpenter, said the government’s response was “incomprehensible”.

“How are parents meant to trust that the Department of Education will protect children when they have allowed a teacher who has allegedly admitted to sexually abusing a minor to keep their registration?” he said.

“The unfortunate reality is that 1 in 3 girls and 1 in 5 boys will experience sexual abuse before their 18th birthday.

“Conduct like that of the Department of Education show why these statistics are horrific and continue to rise.”

Mieka Owens-Phillips. Picture: Facebook

Bessa’s statement of claim alleges the abuse began when she was a teenager, days after Ms Owens-Phillips sent her a text message about clothing she had worn to school.

The message, it alleges, read: “You looked too hot in your singlet, now you have evidence to sue me.”

It alleges that, subsequent to the message, Ms Owens-Phillips asked Bessa to meet her at a seaside location where she kissed her on the neck before attempting to remove her pants.

“Bessa resisted, however was subsequently overpowered by Ms Owens-Phillips (who) then performed (sexual acts) on her,” it claims.

“Throughout the remainder of the school year, Ms Owens-Phillips continued to groom and sexually abuse, assault and rape Bessa.

“Bessa is unable to recall the exact date and time of the assaults, however she was subjected to multiple instances of sexual abuse, assault and rape committed by Ms Owens-Phillips whilst she was a student at the school.

“The many instances of abuse took place at the school, at Ms Owens-Phillips’ house and in her car.”

The document alleges other teachers at the school “were aware of the abuse” but “failed to take any reasonable steps to prevent” it from occurring.

It alleges one teacher made a joke about the situation, two saw Ms Owens-Phillips kissing Bessa, and another saw her “running her hand up and down the inside” of Bessa’s thigh.

A motivational quote posted on Ms Owens-Phillips on her social media accounts. Picture: Facebook

The document asks the court to award Bessa damages, saying the government is “vicariously liable” for Ms Owens-Phillips’ actions.

It claims the government failed to prevent the risk to Bessa and, once other teachers knew, failed to stop “foreseeable and preventable” further abuse.

The document also seeks aggravated and exemplary damages over the government’s response to the allegations.

It says that, in November 2023 and July 2024, the government asked Bessa to “assist them with their investigation” into Ms Owens-Phillips.

Both times, it says, she declined – prompting the government to contact Bessa’s mother “advising that they were investigating allegations regarding the conduct of a teacher”.

“Due to the nature of the call, Bessa’s mother became aware that the allegations … pertained to Ms Owens-Phillips,” the document claims.

“Bessa had never disclosed the abuse to her mother … the government breached the Evidence Act by identifying a victim survivor of child sexual abuse.”

Bessa lodged her lawsuit in August 2024, a month after the call to her mother.

In its defence papers, the government denies it is liable for negligence or “for any injury, damage, loss or harm suffered, if any” by Bessa.

It denies the “occurrence of the alleged abuse” and says it is “not vicariously liable for any of the alleged abuse of Bessa, which is not admitted”.

It says that, if any abuse did occur, incidents outside of school hours and grounds were “unconnected” with Ms Owens-Phillips’ employment.

The government admits contacting Bessa’s mother but says that does not constitute “any breach of the Evidence Act”.

On Friday, a Department for Education spokeswoman said the agency was “aware of the allegations”, “has been investigating” and has “taken appropriate steps”.

“The teacher is not working at any education sites,” she said.

“The Department cannot make further comment as there are legal processes underway that are yet to resolve.”

The content summaries were created with the assistance of AI technology, then edited and approved for publication by an editor.

Originally published as District Court lawsuit alleges teacher Mieka Owens-Phillips abused female student, her teaching registration is still active