Peer-on-peer child sexual abuse at schools Peer-on-peer child sexual abuse is a serious and often hidden form of abuse. It can happen when a child or young person is sexually harmed by another child or young person, including a fellow student, older student, teammate or peer. Growing awareness of harmful sexual behaviour between children has raised important questions about how schools identify risks, respond to disclosures and protect students from further harm. If you or someone you care about experienced sexual abuse by another student at school, you may have legal options. The abuse does not need to have been committed by a teacher or another adult for a school or institution to potentially be held responsible. You do not need to remember every date or detail before seeking advice. A single memory, such as the name of a school, another student, a classroom, a camp or an incident, may be enough for our lawyers to begin assessing what happened. Speak confidentially with Australia’s leading abuse lawyers. Call 1300 333 300 or complete the confidential enquiry form below. Complete the confidential enquiry form here What is peer-on-peer child sexual abuse? Peer-on-peer child sexual abuse, also described as child-on-child sexual abuse or student-on-student sexual abuse, involves sexual behaviour by one child or young person that harms another. Not every sexual behaviour displayed by a child is abusive. Children may demonstrate age-appropriate curiosity as part of their development. Behaviour may be harmful or abusive when it is developmentally inappropriate, coercive, aggressive, exploitative or unwanted, or when there is an imbalance of age, size, maturity, power or ability. It can include: unwanted sexual touching or assault forcing or pressuring another child to take part in sexual activity sexual threats, intimidation or harassment exposing another child to sexual acts or explicit material taking, requesting or sharing sexual images without consent abuse involving an older, more powerful or more socially influential student repeated sexualised behaviour that causes fear, distress or harm. The impact is real regardless of the age of the child responsible. Responsibility for keeping students safe may also extend beyond the individual child and include the school, education authority, religious organisation or other institution responsible for their care. Speak confidentially with Australia’s leading abuse lawyers. Call 1300 333 300 or complete the confidential enquiry form below. Complete the confidential enquiry form here A growing recognition of sexual harm between students Peer-on-peer sexual harm has historically been misunderstood, minimised or dismissed as experimentation, bullying or students behaving badly. This can prevent children from being heard and allow harmful behaviour to continue. Australian research indicates that peer sexual harm is a significant issue. The Australian Institute of Family Studies reports that an estimated one in 10 Australians experienced peer sexual harassment during childhood. It also notes that data on the prevalence of harmful sexual behaviour remains limited, while the Royal Commission indicated that thousands of children may be harmed by other children’s sexual behaviours in Australia each year. Greater awareness does not necessarily mean every form of peer-on-peer abuse is increasing at the same rate. It does, however, make clear that schools must take disclosures and warning signs seriously and respond with care, urgency and appropriate safeguards. What responsibilities do schools have? Schools and education providers are responsible for taking reasonable steps to protect students from foreseeable harm. Their responsibilities may include maintaining a child-safe environment, supervising students appropriately, acting on warning signs, documenting concerns and responding properly when abuse is reported or suspected. A school or institution may have failed a student if, for example, it: knew or should have known that a student presented a risk failed to provide adequate supervision ignored, discouraged or minimised a disclosure treated sexual abuse only as bullying or misbehaviour failed to inform parents or carers where appropriate failed to record or investigate incidents or complaints allowed contact between students to continue after concerns were raised prioritised its reputation over a child’s safety and wellbeing. Whether a school or institution may be legally responsible depends on the circumstances. Our lawyers can investigate the available evidence and explain how the law may apply to your situation. Can I make a claim if the person responsible was another child? You may be able to pursue a civil claim even though the person who caused the harm was another child or student. A claim may focus on the conduct of the school, education department, religious organisation or other institution and whether it failed to take reasonable steps to prevent or respond to the abuse. Depending on the circumstances, compensation may be available for the physical, psychological and financial effects of the abuse. This may include pain and suffering, treatment expenses, care needs and loss of income. Different legal pathways and time limits may apply depending on where and when the abuse occurred. Getting advice early can help preserve evidence and clarify your options. Historical abuse should still be discussed with a lawyer, even if it happened many years ago. If a child tells you they have experienced sexual harm, listen calmly, take them seriously and reassure them that the abuse was not their fault. Avoid pressing them for a complete account or asking leading questions. Where there is an immediate risk of harm, call 000. You can also report concerns to police and the relevant child protection authority. Seek medical or specialist therapeutic support where appropriate. Keep any information that may later assist, including: emails, letters and messages from the school screenshots or copies of online communications incident reports, diary notes and complaint records medical, counselling and educational records names of staff, students or other possible witnesses photographs, yearbooks or documents identifying relevant people and places. Do not worry if records are missing. Our legal team can investigate what other material may exist. Supporting a disclosure A disclosure is often an evolving and non-linear process. A child or adult survivor may remember or feel able to share more over time. They should not be expected to provide every detail in one conversation. The most important first response is to believe them, support their immediate safety and allow them to speak in their own words and at their own pace. How Arnold Thomas & Becker can help Arnold Thomas & Becker has extensive experience representing survivors of child sexual abuse and investigating allegations involving schools across Australia. Our dedicated abuse law team can: listen to your experience in a confidential and trauma-informed way explain whether you or your child may have a claim identify the school, authority or institution that may be legally responsible investigate school records, complaints and other available evidence seek information that may help identify witnesses or establish earlier concerns manage communication with the institution and its insurers or lawyers pursue compensation and guide you through each stage of the claim. We understand that seeking legal advice can feel overwhelming. You remain in control of what you share and whether you choose to proceed. Speak with our leading abuse lawyers If you or your child experienced sexual abuse by another student at an Australian school, confidential legal support is available. Arnold Thomas & Becker represents survivors with compassion, discretion and a commitment to accountability. We act on a No Win No Fee basis, which means you do not pay our professional fees unless your claim is successful. Conditions apply and will be explained before you proceed. Speak confidentially with Australia’s leading abuse lawyers. Call 1300 333 300 or complete the confidential enquiry form below. Complete the confidential enquiry form here Frequently asked questions Does abuse need to have been reported at the time? No. Many survivors do not disclose abuse until much later. A lack of an earlier report does not necessarily prevent a claim. Our lawyers can assess other evidence and investigate what records may exist. Can I seek legal advice about historical peer-on-peer abuse? Yes. You should seek advice even if the abuse occurred many years or decades ago. The rules governing time limits for child abuse claims differ from those applying to many other legal matters. What if the school says it did not know about the abuse? That does not automatically determine whether a claim can be made. The question may include what the school knew, what it reasonably should have known, whether warning signs existed and whether its supervision and response were adequate. What if I cannot identify the other student? You may still be able to seek advice. Details such as the school, approximate year, class, camp, sporting team or location may help our lawyers investigate further. Will my enquiry be confidential? Yes. Your initial discussion with our legal team is confidential. We will explain the process and will not take formal steps without your instructions. AS FEATURED IN The Age Courtney alleges she was raped by a classmate when she was six years old. Now she’s taking action Read The Age’s reporting on a case involving alleged peer-on-peer sexual abuse at school. Read article ↗