The Government is finally delivering on recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA) to make it easier for victims of abuse to pursue claims in court and obtain an apology.
IICSA heard the powerful testimonies of more than 7,000 victims and made 20 final recommendations. One of these is the amendment of existing limitation laws for child sexual abuse. IICSA reported that a “significant number” of claims were being rejected because it could take “decades for survivors to feel able to discuss their sexual abuse”.
At present, civil child sexual abuse claims must be brought within three years of turning 18, unless the victim can prove that a fair trial can proceed despite the time lapse.
This time limit will now be removed. Victims will no longer have to prove that it is possible to hold a fair trial and that burden will be placed firmly on defendants.
Currently civil child sexual abuse claims must be brought within three years of the victim turning 18.
This is just one of a number of reforms introduced by the present Labour government. Legislation will also be brought forward to make grooming an aggravating factor in the sentencing of child sexual offences as well as introducing a new Mandatory Reporting duty to be put before Parliament this Spring.
A note from Malcolm Johnson
Malcolm Johnson, who heads up our Abuse Claims division, said:
“This is welcome news. Abuse silences victims, and that is why the three year time limit was always unfair. Finally, we have a government that is prepared to implement the IICSA recommendations and I look forward to seeing their proposals in the Spring of this year. However, the government announcement is aimed at sexual abuse – it doesn’t cover victims of physical and emotional abuse. I hope that the government will consider these victims as well when it comes to legislate. Moreover, the shift in the burden of proof from claimant to defendant contains hidden traps. Defendants may well be able to persuade a court that a fair trial is impossible because of the passage of time.”
