A child sexual abuse survivor in Tasmania has been awarded $2 million by a court after a legal battle about the extent of the state’s responsibility.
Katrina Munting was abused by her science teacher Marcus James Pollard while a student at a Hobart high school in the late 1990s.
Pollard pleaded guilty in 2020 to persistent sexual abuse of a young person and was sentenced to three years’ jail.
Munting launched civil action against Pollard and the state of Tasmania for damages and said she had been unable to reach her full potential.
In a judgment delivered on Monday, the Supreme Court of Tasmania awarded Munting a total of $2,016,135 after a trial that concluded in March 2023.
The state had accepted vicarious liability for Pollard’s abuse but Munting argued its level of accountability was greater.
“While it is a very pleasing result, no amount of money will ever take away the damage that was done by my abuser and the enablers,” Munting said outside court on Monday.
“Finally I get accountability from the state for their failings. For him being one of their employees and for them being bystanders.
“They knew and they did nothing.”
Justice David Porter found the abuse was specifically brought to the attention of the school’s then-principal and senior education department figures in February 2000.
Shortly after, Pollard was “effectively suspended” and he resigned in April 2000.
Tasmania Police was not notified and no complaint was brought to their attention until Munting began criminal proceedings in November 2018.
Pollard also breached his duty of care by engaging in retributive and vengeful behaviour after the sexual misconduct, Justice Porter ruled.
The judge described Munting as an excellent student who was involved in many aspects of school life.
She has experienced considerable psychological suffering over many years, been diagnosed with PTSD, has periods of disassociation and is on anti-depression and other medication, the court heard.
Munting told the civil trial she was offered a PhD 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 here for a great number of other victim-survivors who for many reasons cannot stand in [court],” she said.
“They too will gain just a small amount of healing from that.
“It is my hope the state will take this case and reflect on it very carefully in the approach that they took and what they put me through.
“I hope it will inform change for them.”
Pollard and the state were ordered to pay $1,976,135 â the state was also forced to pay aggravated damages of $15,000 and Pollard $25,000 for exemplary damages.
About $1.38 million of the figure covers Munting’s loss of past and future earning capacity.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
