Hi there. Your situation raises several legal issues. In Tasmania, there are strict rules about when a person can have sexual intercourse with another person. If you are 12 to 14 years old, a person cannot have sex with you if they are more than three years older than you, even if you consent. If you are 15 or 16 years old, a person cannot have sex with you if they are more than five years older than you, even if you consent. Once you turn 17 years old, you can consent to have sex with anyone who is also 17 years or older.

If you engaged in sexual relations with your husband before you turned 17, and he was more than five years older than you, he has committed a crime, even if you consented. It is also a crime to maintain a sexual relationship with a young person outside of marriage (i.e. the period before you were married but maintaining a sexual relationship). There are serious penalties for these crimes, including imprisonment.

From the information you provided, it appears that your husband has committed serious criminal offences. You should consider reporting the matter to your local police station, which may investigate and prosecute your husband. The police can still charge your husband with an offence, even if it happened many years ago. If you are concerned about your safety, either now or when you contact the police, you can apply to the Magistrates Court for a Family Violence Order or ask the police to issue a Police Family Violence Order. These orders prohibit an alleged or potential offender (i.e. your husband) from threatening, abusing or assaulting you or your children. An order can also stop your husband from approaching or contacting you or your children.

With respect to the Department of Education’s knowledge of your relationship with a teacher (who later became your husband), you may have grounds to seek financial compensation for any physical or psychological injury or harm you suffered as a result of the Department’s negligence. Personal injury claims for negligence are very complicated proceedings that require the specialist assistance of lawyers. Proceedings can be slow and expensive and there is no guarantee your claim would be successful. However, it is worth speaking to a personal injury lawyer to determine if your claim is worth pursuing.

If you would rather not use a lawyer and are happy to deal directly with the Department of Education, you can lodge a formal complaint by writing a letter to the Secretary of the Department of Education, GPO Box 169, Hobart TAS 7001 or by sending an email (servicecentre@education.tas.gov.au). You can also lodge a complaint with the Tasmanian Integrity Commission (www.integrity.tas.gov.au), which is responsible for investigating misconduct or unethical behaviour within government agencies.

Suggested way forward

Your situation raises serious legal issues. You should consider speaking to a criminal lawyer or personal injury lawyer to get advice about your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.