Significant update for child sex abuse victims
The three-year time limit for victims and survivors of child sexual abuse to bring compensation claims is to be removed, a welcomed development and described as a ‘watershed moment.’
The current limitation, which requires a civil claim to brought within 3 years of the victim turning 18, has long been a significant obstacle, preventing survivors from seeking justice. Childhood sexual abuse frequently goes unspoken for years, with many survivors only having the courage to open up about their experiences in adulthood. Research by the All-Party Parliamentary Group on Adult Survivors of Childhood Sexual Abuse found it takes on average 26 years for victims to disclose sexual abuse. Consequently, most abuse claims are filed beyond the legal time limit. If the survivor cannot convince the court that a fair trial is still possible, the claim is dismissed, denying them justice..
The measures were recommended following a seven-year public inquiry into child sexual abuse, which heard from over 7,000 victims. The Inquiry found that a 'significant number' of claims were being rejected because of the time limit and that the majority of abuse claims were brought later than three years, because it can take ‘decades for survivors to feel able to discuss their sexual abuse’. For many, the Inquiry process was the first time that they had ever spoken about the abuse that they had suffered. The Inquiry heard that some survivors and victims’ were too young at the time to recognise what had happened to them was abuse and many experienced numerous obstacles when trying to report their abuse to the authorities.
In addition, the government has also stated that it will revise the law regarding apologies. Employers will be encouraged to apologise to individuals harmed by their employees without fear of institutional liability. It is hoped that as a result, victims will be more likely to receive apologies from schools, care facilities, or hospitals for abuse committed by individuals within these institutions.
Chief Executive, of the National Association for People Abused in Childhood (NAPAC), Gabrielle Shaw said that the reforms ‘recognise the long-term impact of trauma and ensure survivors are not excluded from seeking redress simply because of the time taken to come forward. She also added ‘NAPAC also welcomes greater clarity on apologies. A sincere apology, when freely given and supported by meaningful action, is invaluable - especially as part of wider efforts to ensure accountability and prevent future harm.’
The government has also confirmed that, as part of the Crime and Policing Bill, it will introduce a mandatory reporting requirement for professionals working with children to report sexual abuse, legislate to classify grooming as an aggravating factor in sentencing for child sexual offenses, and ensure police forces enhance data collection on child sexual abuse. It will also include a new criminal offence of attempting to prevent someone reporting child sexual abuse.
These recent reforms certainly go some way in the government's willingness to address the recommendations made by the inquiry and marks a step towards a fairer system that prioritises the needs of survivors.
If you are a victim of sexual abuse, as well as reporting the abuser to the police in order to commence criminal proceedings against them, you can also potentially sue the abuser for compensation, in recognition of the wrong inflicted by them upon you. If you would like to take action against a person who has sexually abused you, contact Saunders Law who will be able to advise you on the appropriate course of action.