A Sydney languages teacher, Helga Lam, accused of sexually abusing several male students in the late 1970s, has been relieved of the obligation to pay a hefty sum to the victims. The New South Wales Supreme Court ruled that although the abuse did occur, Lam, now 71, was not considered liable as she was deemed to have acted without understanding the harm caused at that time.
Last year, the victims, who were between 13 and 16 years old at the time of the alleged abuse, reached a settlement totaling AUD$2.5 million with the state of New South Wales after filing civil cases. Despite denying any wrongdoing and pleading not guilty to multiple counts of indecent assault, Lam was found not responsible for the compensation.
Justice Ian Harrison, in a recent court decision, confirmed that the plaintiffs’ accounts of the abuse were credible. He acknowledged that the events took place but considered the historical context, noting the lack of awareness surrounding child abuse nearly 50 years ago, which might have influenced Lam’s actions.
The judge emphasized that while it might be assumed that Lam knew her actions were wrong, it was unreasonable to expect her to foresee the mental harm caused by sexual conduct with minors, given the societal norms of the time. Consequently, the state’s attempt to hold her financially accountable was dismissed.
Although the school, under state jurisdiction, was found negligent for failing to address complaints about the abuse, Lam was not found negligent individually. Her lawyer, Osman Samin, highlighted the challenges of defending against decades-old allegations and described the accusations as outdated and burdensome.
Judge Harrison’s ruling underscored the school’s greater responsibility in preventing the abuse and its failure to investigate complaints promptly. Despite the acknowledgment of the state’s breach of duty towards the victims, Lam was absolved of financial liability based on the court’s assessment of her limited authority and control within the school system.