Three-year time limit for child sexual abuse claims to be removed
The three-year time limit for victims and survivors of child sexual abuse to bring claims for compensation is set to be axed. This important reform is a major victory for survivors of childhood sexual abuse, ensuring they no longer face a restrictive deadline when seeking justice.
This change is a step toward implementing the recommendations put forward by The Independent Inquiry into Child Sexual Abuse (IICSA) in 2022. We hope this reform signals a significant commitment to supporting survivors on their path to justice and healing.
Why the time limit should be removed
The current three-year time limit to bring a civil claim for compensation has long been a major barrier preventing many survivors of child sexual abuse from accessing justice.
Under existing law, civil claims must be brought within three years of turning 18, unless the survivor can prove that a fair trial can proceed, despite the time delay.
However, for most survivors, this is an unrealistic expectation. Childhood sexual abuse more than often remains unspoken for many years, with victims disclosing their experiences when they reach adulthood.
It is not uncommon for survivors to take decades to come forward due to the emotional and psychological difficulties they have suffered over time. In fact, studies have shown that on average it takes between 24 and 27 years for a survivor to come forward. As a result of this, almost all abuse claims are brought outside the statutory time limit. If the survivor cannot then persuade the court that a fair trial is still possible, then the claim fails entirely, and no justice can be obtained.
What does this mean for survivors of abuse?
The removal of the time limit for bringing a claim offers significant relief for survivors. They will now have the opportunity to seek justice whenever they are ready, regardless of when the abuse occurred or when they choose to disclose it.
Survivors of abuse will no longer be pressured to meet a deadline or be forced to explain why they waited years to speak up. They won’t have the burden of proving why they couldn’t come forward sooner.
Importantly, this change means that a claim will move forward unless the defendant can satisfy the court that a fair trial is no longer possible due to the time delay. This is a positive step for survivors as the burden of proof is no longer on them.
This reform in the law is a step towards a fairer process that puts the needs of survivors first, ensuring they are no longer denied justice because of the time it takes them to heal and come forward.
What else is changing?
The Government has also announced it will amend the law of apologies. This change will mean employers will “be encouraged to apologise to people wronged by their employees, where currently they fear doing so because of institutional liability, meaning that victims are likelier to receive apologies from schools, care facilities or hospitals for abuse carried out by an individual at these institutions.”
This is significant for survivors of abuse as an apology can be transformative and serve as a pivotal moment of validation and healing. At present there is no legal requirement that an apology be offered to survivors either by the individual perpetrator or the institution on whose watch the abuse took place. ‘Sorry’ is such a simple word, yet it carries immense weight for survivors of sexual abuse. It serves as an acknowledgement of the pain they have suffered and restores their dignity, along with the power and control lost in childhood.
We welcome this change in the law. However, to be effective, this amendment needs to provide a clear definition of what amounts to an apology. The hope is that such apologies will not only reduce animosity between parties during proceedings and lead to earlier resolution of these claims, but most importantly provide a survivor with validation, closure and a path towards healing.
