Woman alleged she was raped when the department of justice already knew Wayne Astill was ‘abusing his position towards female inmates’
A female prisoner allegedly sexually abused for years by a senior prison guard will be paid an undisclosed sum as part of a New South Wales government settlement in an ongoing class action.
Court documents filed to the NSW supreme court reveal that the woman, known as GP1, alleged she was raped when the department of justice already knew Wayne Astill, a prison guard, “was abusing his position toward female inmates”.
GP1 was initially the lead plaintiff in a class action arguing the NSW government was vicariously liable for Astill’s abuse while he was employed as a guard at Dillwynia correctional centre, on the outskirts of Sydney. She has now been replaced by a new lead plaintiff, a second woman, who claims Astill inappropriately touched her on multiple occasions.
In 2023, Astill was jailed for a maximum of 23 years for abusing his position and assaulting women at the Dillwynia correctional centre. A former police officer, he worked as a prison officer and then chief correctional officer at the prison before his arrest in 2019.
He was found guilty last year of 27 charges, including aggravated sexual and indecent assault before the government then launched the inquiry.
The inquiry handed down its report last March and found Astill should “never have been employed” in the state’s prisons. It said “corruption or incompetence” led to Corrective Services NSW hiring him in 1999.
Guardian Australia understands the total number of plaintiffs in the class action is not yet finalised, but 3,700 notices have been sent to current and former inmates at the prison.
Court documents relating to claims from GP1 alleged the scope of authority that the department allocated to Astill meant “he could be regarded as the mind and the will of the department of justice”.
GP1 alleged the abuse began in 2016 at a time when the department allegedly knew Astill “was abusing his position toward female inmates”. Astill had allegedly attempted to bribe her by saying he would provide her information on the welfare of a loved one if she performed sexual favours for him, according to court documents.
Later that year, Astill allegedly raped GP1. He allegedly did again in 2017.
“Astill told the plaintiff to look normal, not to tell anyone of the abuse, and that he could make her life hell,” the statement of claim said of the 2017 incident.
In 2018, it is alleged he groped GP1 while she waited to see a doctor at the prison.
The statement of claims said Astill advised GP1 “it would only take a bad case note for her to not get parole”.
“Astill had told the plaintiff that no one would believe her if she reported the matter.”
GP1 did not report the abuse because she feared nobody would believe her and feared retribution, the claim said.
The new lead plaintiff is a second woman who is currently an inmate at the prison.
She alleges that that Astill summoned her to his office and falsely told her another guard had filed a complaint about her. During the meeting, she alleges Astill slapped and grabbed hold of her buttocks.
The next year, while she was sweeping up with a dustpan and brush, he allegedly stood by her in “a sexually suggestive manner”, leading her to fear Astill was about to expose himself to her or touch her sexually, the court documents said.
In another alleged incident, while she was placed in isolation, Astill entered her cell after lock-in time and commented on her buttocks, according to court documents. The following night, while she was still in isolation, he entered her cell and allegedly grabbed her around the waist and tried to kiss her.
“The conduct of Astill … was interrupted by another correctional officer at which time Astill left the plaintiff’s cell,” the statement of claim said.
The department’s defence to the second woman’s statement of claims has not been filed yet.
“The Department of Communities and Justice is unable to comment as this matter is before the court,” a spokesperson said.
The government is responding to the wide-ranging recommendations made during the inquiry into Astill’s conduct.
Last month the state government changed the law so any sexual relationships between prison staff and inmates is illegal, with staff facing a potential prison sentence.
“Such behaviour indicates a deplorable abuse of the staff’s position and a breach of their duty of care to the inmate,” the corrections minister, Anoulack Chanthivong, said.
Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In Australia, support is available at 1800Respect (1800 737 732). In the UK, Rape Crisis offers support on 0808 500 2222. In the US, Rainn offers support on 800-656-4673. Other international helplines can be found at ibiblio.org/rcip/internl.html