When Lee Jones was just nine years old, her father, Arthur Oakley, was convicted of sexually abusing her in the family’s western Sydney home as her mother worked night shifts, threatening her into silence.
Now in her 50s, Jones tried to seek justice in the form of civil compensation, to warn others in Oakley’s community, and to bring her closure.
The Herald successfully applied to have lifted a suppression order that had been stopping Lee Jones from talking publicly about her abuse.Credit: Janie Barrett
“It could have been a $2 win. I wouldn’t have cared. It was never about the money – it was about accountability. I wanted his name back out there,” Jones said.
Instead, Jones was told she would have to pay upfront fees north of $20,000 for a state-appointed guardian to represent Oakley due to his mental incapacity.
Her documents, including her Medicare number, address and contact details, were sent to her abuser without any redactions.
In a final blow, without her request or consent, the court placed a suppression order on Jones’ case, preventing her from talking publicly about her abuse.
The Herald successfully applied to the court to have the suppression order lifted, allowing Jones to tell her story.
The Royal Commission into Institutional Responses to Child Sexual Abuse found it took survivors an average of 24 years to tell someone they’d been sexually abused as a child. On the commission’s recommendation, the federal government abolished the three-year time limitation for child abuse victims to bring a compensation claim.
But victim-survivors face a series of hurdles in pursuing compensation claims. Paedophiles hide their assets in superannuation accounts and declare bankruptcy to avoid paying. In a recent NSW Supreme Court ruling, a judge found a victim needed to re-prove they were abused to seek compensation, despite the abuser’s criminal convictions for abusing the victim and another child.
In 2021, Jones lodged a district court civil claim seeking $4.5 million from Oakley after she had to stop working in healthcare due to her mental health conditions from the abuse.
Lee Jones, pictured in primary school, said she was retraumatised by the court system and is campaigning for reform. Credit: Michael Howard/Supplied
Jones has been diagnosed with post-traumatic stress disorder, dissociative identity disorder and major depressive illness and she has been admitted to a psychiatric hospital multiple times, according to court documents.
“Abusers get out and can go and live their life, but the impacts that are left on you are forever,” Jones said.
Oakley is now in his 80s and lives on NSW’s Mid North Coast, working in disability-supported employment.
He initially didn’t respond to Jones’ legal letters before hiring a lawyer who submitted to the court he had comprehension problems and would need a NSW Trustee and Guardian tutor to represent him in legal proceedings, according to court documents.
‘He’s using a loophole, and it’s just not a fair on her. [Jones] was completely snookered.’
Peter Karp, senior solicitor
Jones said she was quoted up to $30,000 to pay for a tutor to represent her father. Her application to the NSW Civil and Administrative Tribunal to have a state tutor appointed and funded was rejected.
Jones’ evidence, including personal medical and financial information, was sent to Oakley as part of the proceedings. Jones said she was fearful of her father contacting her or coming to her home, as well as the increased risk of identity theft.
“I felt violated and vulnerable, and it is actions like this that discourage victims from coming forward,” Jones wrote in a complaint against Judge Judith Gibson.
Arthur Oakley was convicted of abusing his daughter, Lee, as a child. He’s escaped paying her compensation after Lee was told to front his legal representation costs due to his mental incapacity.
Jones’ lawyer, Peter Karp, said Jones had been caught between the cracks of the judicial system.
If Oakley had significant cognitive impairment, a guardian would have already been appointed; however, because his assessed impairment was mild, it was up to Jones to foot the bill, Karp said.
“The NSW Trustee and Guardian required Jones to bear the cost liability, exposing her to significant cost risk, despite being a victim of sexual abuse who often don’t have the means,” he said.
“A lot of these perpetrators are later in life, and raise the mental capacity issue. He’s using a loophole, and it’s just not fair to her. [Jones] was completely snookered.”
Her case was dismissed due to the delay in serving him legal documents and his lack of representation.
In lifting the suppression order in May at the Herald’s request, Judge Robert Newlinds said the order was unnecessary.
“[Oakley] has been convicted. He does not need protecting,” he said.
Jones is campaigning for reform, and has contacted NSW Attorney General Michael Daley, local politicians and the Office of the NSW Legal Services Commissioner. She wrote a submission to the Australian Law Reform Commission’s inquiry into Justice Responses to Sexual Violence.
The inquiry found it was difficult for courts to order payments against “unco-operative” respondents, which made it difficult for victim-survivors to find no-win-no-fee lawyers to represent them.
“The justice system made me feel worse,” Jones said.
“It shouldn’t be up to the victim to cover costs. All survivors of domestic abuse should have a realistic chance of pursuing civil actions against violent offenders for the consequences of their abuse.”
Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800 RESPECT (1800 737 732).