Date/Time: 2012:11:30 20:34:19 Source: The Courier-Mail
THREE sisters who were repeatedly sexually abused by a foster child have been told by the Child Safety Department they share the blame for failing to lock their bedroom doors.
The sisters are suing Child Safety for putting them at risk of the sexual offender, who two years earlier was convicted of raping a three-year-old girl.
But once again Child Safety has used taxpayer's money to take legal action against a mother, arguing she was at fault and should have better protected her children and should contribute to any court-ordered compensation.
Last week, The Courier-Mail revealed that Child Safety failed to tell a foster mother about the troubled sexual history of a 15-year-old foster child, who went on to allegedly rape her son.
She is now taking legal action, however, Child Safety said it was her fault for not supervising the foster boy and hit her with a contribution claim.
The State Government is refusing to comment on the cases even though Minister Jann Stuckey, when opposition spokeswoman, said placing the youth in foster care with young girls "was the last thing that should have occurred'.
"The Government has again failed children in care," Ms Stuckey said.
It comes as the sisters, frustrated by the time taking to get a legal resolution, are desperate for justice.
The foster boy was 15 years old when he "persistently" and "repeatedly" sexually assaulted them, then aged 17, 16, and 13.
He was sent to live with the girls in 2006 when their mother agreed to foster him.
Police records show the family said Child Safety told them that the boy posed no risk to them, and although he had "done something" to another child, it was the fault of the previous carer.
That "something" was the rape of a three-year-old girl.
Now aged in their 20s, the sisters say they are suffering a range of problems, including depression, nightmares, anxiety, decreased mobility, flashbacks and loss of employment.
The matter has been filed in the District Court and is progressing.
Child Safety's latest amended defence dated December 23, 2011 alleges the mother and victims contributed to their own ordeal.
"The alleged consequences were caused or contributed to by the negligence of (two of the sisters) in: failing to lock (their) bedroom door; failing to inform (their) mother of the acts ... (and) failing to tell (their mother) the foster boy was entering (their bedroom at night)."
However, a court heard the offender somehow was able to get into the girls' locked bedrooms.
In 2008, the offender was convicted of 14 sexual offences against the girls, but the sentencing judge let him out after just 204 days already served.
Judge Sarah Bradley said at his sentencing: "Clearly your behaviour had very serious consequences for all three of the girls.
"They obviously found each of the incidents terrifying and it has had serious and ongoing consequences and effects for them, both emotional and physical and in terms of their relationships with members of their family.
"Right from the outset, each of the girls made it clear that your advances were not welcome, but nevertheless you persisted in going into their rooms at night when they were asleep and sexually abusing them, even to the extent of - it's unknown how - but getting through doors that had been locked."
In their statement of claim, prepared by Shine Lawyers, the sisters argue that Child Safety knew the foster boy had a history of sexualised behaviours against other children, had sexually assaulted other girls, and that he was "likely to sexually assault or attempt to sexually assault and behave in an indecent manner" toward each of them.
And "placing the foster child with the plaintiffs ... exposed (them) to an unnecessary and unreasonable risk of psychiatric/psychology injury".
In an affidavit to police, the oldest girl said: "I can remember just before (he) came to stay with us, we had a visit from someone at the Department of Child Safety. He sat my sisters, mother and I down and he told us something about (him).
"He said that he had done something to a two-year-old child at his last placement at (location). He said that it was an exaggerated matter and that it wasn't as bad as it really was."
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