Time Limit to be Removed for Historic Abuse Claims

In civil cases of child sexual abuse, claims must be filed within three years of turning 18, unless the court can be convinced that a fair trial is still possible despite the elapsed time.

However, under the latest government, the time limits on abuse claims are set to be removed as part of a bill that will be put before parliament in the next year.

The government has proposed these changes following the 2022 Independent Inquiry into Child Sexual Abuse, which recognised that it often takes victims many years to process their experiences.

This blog will explain the current process involved in making historic abuse claims and look at the new timelines for starting legal action. Please note that this blog is for information purposes only and should not be taken as legal advice.

What are the changes the government is proposing?

The latest UK Government is implementing significant changes to historic sexual abuse claims following recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA). These reforms aim to make it easier for survivors to seek justice and receive apologies from responsible institutions.

One of the key changes is the removal of the three-year time limit for bringing personal injury claims related to child sexual abuse. This means survivors will no longer be restricted by strict deadlines when pursuing civil compensation.

The burden of proof will also be shifting. Previously, victims had to demonstrate that a fair trial was still possible if more than three years had passed. Now, it will be up to the defendant to prove otherwise if they want to block a claim. This change ensures more survivors can have their cases heard without unnecessary legal obstacles.

The Government is also amending the Law of the Apologies, encouraging organisations such as schools and care homes to offer apologies for former staff without fear of legal repercussions.

These changes will be put before parliament in the next year and, when implemented, will be a significant step forward in helping survivors of child sexual abuse access justice and support.

What claims can be made for historic sexual abuse in the UK?

If you have experienced historic sexual abuse, there are three main legal options for pursuing justice and compensation.

Civil claims can be made directly against the perpetrator if they have been identified and have the financial means to pay compensation. These claims acknowledge the lasting impact of abuse and aim to provide you with financial support for ongoing recovery.

If the perpetrator cannot be pursued directly, a claim may be made through the Criminal Injuries Compensation Authority (CICA), a government scheme that provides compensation to victims of violent crime, including sexual abuse.

If the abuse occurred within an institution, such as a school, care home, religious organisation, or workplace, a child abuse claim may be brought against the organisation responsible for your welfare at the time. These claims are based on vicarious liability and aim to hold institutions accountable where they failed in their duty of care.

Is there currently a time limit to report abuse?

The standard time limit for making a civil claim for historical sexual abuse is usually three years from when you turn 18.

If this time limit has passed, the court may make exceptions in cases where there are valid reasons for the delay.

However, the burden is currently still on the victim to prove that a fair trial can go ahead despite the time that has passed.

Claims against organisations, such as schools or care homes, may also be considered after the deadline, especially if there was a failure in duty of care.

If you are unsure whether you can bring a claim, our experienced solicitors can assess your case and advise on the best course of action.

What is the current time limit for a CICA claim for historic sexual abuse?

For a Criminal Injuries Compensation Authority (CICA) claim relating to historic sexual abuse, the standard time limit is two years from the date the abuse was reported to the police.

Unlike civil claims, CICA claims do not require the perpetrator to be identified or convicted, but the abuse must have been reported to the police, and you will need a crime reference number to make an application.

If your case falls outside of the two year limit, you should still get in touch with the CICA, as you may be able to make an application if you can explain why you didn’t claim within the time limit.

If you are unsure whether you can make a claim, our experienced solicitors can assess your case and guide you through the process.

Speak to our historic sexual abuse solicitors in Bristol

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