Abolishing time limit for child sex abuse victim claims would be 'step forward'

In England, an abuse victim is currently expected to bring their claim before the court within three years of the abuse occurring, but the rule could be about to change.

If the victim is under the age of 18 at the time of the abuse, they do have longer but are still currently expected to bring their claim by the age of 21.

Karen Clarke, an abuse law specialist at Shropshire law firm Lanyon Bowdler, said the time limit was unrealistic and unfair.

“The Association of Personal Injury Lawyers have recommended to the Independent Inquiry into Child Sexual Abuse (IICSA) that the time limit for these cases should be abolished.

“It’s a step taken in Scotland in 2017 and something which I strongly support. The Independent Inquiry into Child Sexual Abuse Report is due to be published next year.

“While the courts do have discretion to allow these sorts of cases to run after the time limit, there is inevitable uncertainty about whether an application to waiver the limit will be successful, which just adds to the stress for the survivor with many giving up on the idea of pursuing compensation at all.

“This means the system is unfair as often survivors are not able to obtain the compensation they need to be able to put their lives back on track.

“Often victims either become trapped in a cycle of abuse, groomed with gifts or threats of harm to their family members, or just do not realise for a number of years that what is being done to them is wrong.

“It can take a very long time for the victim of abuse to find the courage to speak out about what has happened, and inevitably by the time they have found the courage they are often out of time in relation to pursuing any claim for compensation.”

Karen said it was a massive challenge for victims to speak out about what had happened to them after realising the experience they had suffered was wrong.

“Survivors often have feelings of shame and guilt, and worst of all that they will not be believed,” she added.

“They are dealing with all of the emotion and need to be supported and guided with that.

“Having such a short time limit for the opportunity to pursue a claim - which, when successful, can give the survivor the acknowledgement that what happened was wrong - is not practical and turns a survivor back into a victim.

“Abuse cannot be fixed like a broken bone and suffering for the victim continues long after the abuse has stopped. This can impact on all areas of a victim’s life, affecting their ability to trust people, form relationships and even being capable of holding down employment.

“It’s imperative that survivors are provided with the support they need through appropriate organisations and have access to justice they deserve.

"Abolishment of the three-year time limit would allow this and I am hopeful that the IICA will give serious consideration to it.”