A former languages teacher in Sydney has been absolved from paying a seven-figure compensation sum to students she allegedly sexually abused in the late 1970s, after a judge determined she would not have understood her actions were harmful at the time.
The Historic Abuse Allegations
Helga Lam, now 71, faced allegations of sexually abusing multiple male students between 1978 and 1979 while working as a teacher in Sydney, Australia. The students, who were aged between 13 and 16 at the time of the alleged incidents, brought civil cases against the state of New South Wales as adults.
The NSW Supreme Court previously saw the state admit liability and agree to settlements totalling AUD$2.5 million (£985,543) last year. However, Lam consistently denied all wrongdoing and had previously pleaded not guilty to more than a dozen counts of indecent assault upon a male.
Judge's Groundbreaking Ruling
In a decision delivered on Friday, Justice Ian Harrison stated he was "comfortably satisfied" that sexual contact occurred between Lam and the students as described in evidence. "I accept that the abuse alleged by each of the plaintiffs occurred," Justice Harrison confirmed.
Nevertheless, the judge ruled that Lam should not be held liable for compensation, determining she was not negligent because she likely wouldn't have understood the psychological impact of her actions nearly five decades ago.
"Things were different nearly 50 years ago," Justice Harrison observed. "That does not reflect well upon the ill-informed standards of the day in this country. But those are the standards by which Ms Lam's obligation to foresee that her conduct carried a risk of mental harm to the plaintiffs must be judged."
School Found Responsible for Negligence
While Lam was cleared of negligence, the state-run school was found to have breached its duty of care toward the students. The judge concluded the school had a higher responsibility to prevent the abuse and failed to conduct proper investigations despite two complaints being made to the principal.
Justice Harrison noted that Lam's authority was limited through her teaching contract, and the institution should have implemented stronger safeguards. This ruling prevented the state from pursuing Lam for financial contribution after it had already acknowledged liability.
Lam's lawyer, Osman Samin, described the decades-old allegations as "extremely stressful" for his client and noted the difficulty of defending against claims that originated over 40 years ago. He indicated Lam is eager to move forward from the court proceedings.
