Currently, there are strict time limits for bringing sexual abuse compensation claims. Claims should be brought within three years of the survivor’s 18th birthday. The court does have discretion to waive this time limit, but only in exceptional circumstances and if a fair trial is possible.
Impact of time limits on claims
As a result of the current time limit, many claims are brought out of time. Understandably, most survivors need time to process, heal, or come to terms with what has happened. Many only feel ready to pursue a civil compensation claim in their late adult life.
Shift in burden of proof
Following the announcement, the onus will no longer be on the survivor. Instead, the burden will fall on defendants to prove that the passage of time has created an unfair trial.
Independent Inquiry into Child Sexual Abuse
This change was brought about by the 2022 Independent Inquiry into Child Sexual Abuse. The inquiry, led by Professor Alexis Jay, includes key recommendations. One of these is encouraging apologies from employers and institutions to survivors for their employees’ wrongful actions.
A “revolutionary change” for survivors
Seetal Patel is a solicitor in Rothera Bray’s Personal Injury department, specialising in abuse claims. She says, “This is a long-awaited, revolutionary change that acknowledges the enduring impact of trauma.
Most importantly, it acknowledges that survivors need as long as necessary to feel ready to disclose the abuse they have suffered. This is crucial before they can pursue justice through a civil compensation claim.
This is a step in the right direction, and I welcome the further recommendations to be put in to force such as compulsory specialist therapeutic intervention for the survivor.”
If you have suffered abuse of this kind, we are here to support you. A civil compensation claim helps survivors address trauma and focus on their future. Contact our abuse claims team on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
