Former Victorian prosecutor awarded $435,000 over exposure to sexual abuse material

A former employee of the Victorian Office of Public Prosecutions has been awarded $435,000 in loss of past and future earnings and for pain and suffering after her employer failed to protect her from the trauma of viewing graphic and disturbing evidence including child sexual exploitation and abuse material.

Zagi Kozarov, a solicitor, worked as a prosecutor in the specialist sexual offences unit and said she suffered psychiatric injuries through that work including chronic post-traumatic stress disorder and major depression. Her legal team told Victoria’s supreme court that Kozarov suffered after repeated exposure to a high volume of sexual offence cases.

Kozarov accused the Office of Public Prosecutions of failing to take reasonable steps to protect her from harm, and of negligence, breach of contract, and breach of statutory duty during her time with the sexual offences unit between 2009 and 2012.

Justice Jane Dixon’s judgment included $200,000 for pain and suffering, $120,000 for past economic loss and $115,000 for future economic loss.

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In her judgment, Dixon said Kozarov “dealt with cases of an abhorrent nature, including child rape and offences of gross depravity”.

“She was required to familiarise herself with detailed allegations of sexual offending, including by reviewing witness statements and video and audio recorded evidence with graphic and disturbing content.

“At times, she was required to view child pornography materials. She met with complainants, including children, who appeared in recordings that she had viewed.”

Kozarov said the OPP knew about the psychological health risks and that she was struggling.

In its defence the OPP denied liability, saying managers endeavoured to spread work fairly within the unit and that it took all reasonable measures to protect staff. The OPP said it did not know about Kozarov’s post-traumatic stress disorder until February 2012 when she sent an email saying she could no longer work on sexual offence cases.

But Dixon found the OPP failed to implement its vicarious trauma policy in Kozarov’s case. The court heard her managers had low awareness of vicarious trauma – that is trauma experienced by people exposed to traumatic events such as crimes or accidents and who work with victims of those events – and had not received adequate training in vicarious trauma.

In her judgment Dixon said she did not believe Kozarov’s career would be permanently jeopardised, but she acknowledged “that she may find it harder and more stressful at times to maintain full employment and may have absences from work” due to her injuries.