Current Time Limits ‘Illogical’ Says Leading Child Abuse Lawyer

A leading child abuse lawyer has called the current law on time limits within which victims of sexual assault must make a complaint, ‘illogical and  complex’ and has called on the law lords to ensure that the law favours the victim and does not protect the abuser’s from financial claims.

The House of Lords has today (1 November 2007) begun hearing a number of cases concerning time limits in cases involving deliberate sexual assault and child abuse. 

Whilst the majority of publicity has centered on the lead case, that of Mrs A against the so-called ‘Lotto rapist’ Iorwath Hoare, a serial rapist who won £7 million on the lottery whilst on day release, Tracey Storey from law firm Irwin Mitchell says the impact of the Law Lords findings could have huge ramifications for all victims of abuse and assault.

Ms Storey said: “There are time limits in all civil cases, in an assault claim the time limit for issuing the case in the court is 6 years from the assault or 6 years from the Claimant’s 18^th birthday. In criminal cases this restriction does not exist.” 

The Association of Child Abuse Lawyers (ACAL) has campaigned against the time limits calling them unfair especially in cases involving historic child abuse. If a child is abused but isn’t able to speak out about it before the age of 24, it is too late and no case can be brought.

Ms Storey, a member of the executive commitee of the ACAL, explains: “There are many complex reasons why people do not feel ready to speak out about traumatic abusive experiences.  Abusers tend to conceal their abuse and create a climate of fear and secrecy.  Victims may be threatened either psychologically or physically and the experience of abuse can engender feelings of guilt, shame and embarrassment.

“The law as it stands for civil cases is in my opinion complex and illogical.”

In negligence cases however, the time limit is 3 years either from the negligent act or from the Claimant’s 18^th birthday.  Despite this time limit being shorter, the court may consider what is known as a “date of knowledge” and then the claim has to be started within 3 years from this date. 

Additionally, the court in negligence cases has a general discretion to allow in late cases, something which does not happen in sexual abuse and assault cases.

This could see an adult of 24 years or older that was abused by their father not being able to sue for the acts of abuse.  However, they may be able to sue the mother for negligence or a social services department who knew the person was at risk but failed to take action.

Ms Storey continues “The House of Lords will consider the tests for “date of knowledge”, and whether this should be a subjective test which would allow all the reasons for a delay in bringing a case to be considered.” 

Tracey Storey says “victims of sexual assault and abuse are often prevented from claiming damages from the perpetrators of sexual crime.  Claiming is often of direct personal benefit to victims, in that the perpetrator is personally held to account for his crimes.  The law at the moment prevents people who have been silenced for many years from coming forward and obtaining justice”.