It has been announce by the Ministry of Justice (MoJ), that child sexual abuse victims will have the three-year time limit removed for taking action in England and Wales.
Also, The MoJ says that there will be a refinement of laws, which will “encourage” employers to issue apologies to survivors of abuse for misconduct made by current or former employees.
This decision means that it will be more likely that those affected will have a greater chance of receiving an apology from an offending institution, hospital, school or care facility, etc.
The government says that this is in response to recommendations laid out by the independent Inquiry into Child Sexual Abuse (IICSA), led by Prof. Jay in 2022. It is expected that these reforms will manifest in the form of bills to be presented to Parliament throughout the next year.
Shabana Mahmood, Justice Secretary, said the changes were “long overdue”.
“These measures help survivors pursue their path to justice.”
In the 2022 inquiry, Prof. Jay brought recommendations that time limits be ended to allow more people to claim for compensation in a manner more suited to the after-effects of abuse.
As it currently stands, civil claims for sexual abuse during childhood must be brought within three years of the survivor turning 18. The only exceptions to this are if it can be proven that a fair trial can be carried out in regardless of the extended time elapsed.
The IICSA inquiry brought to light the fact that “significant” numbers of claims were routinely being turned down due to this time limit, as it can take may individuals decades to come to terms with what happened to them before they feel willing or able to discuss it.
Association of Personal Injury Lawyers (APIL) President, Kim Harrison, said the deadline was “wholly inappropriate”.
“It will now be the burden of defendants to prove that the passage of time has created an unfair trial, rather than on the victim or survivor to prove a fair trial is possible.”
It was announced in January that the government would be introducing a mandatory reporting duty for those working with children, which will require them to report sexual abuse under the Crime and Policing Bill.
Criminal sanctions are also set to be rolled out in the event of concealment of, or failure to, report sexual abuse involving children.
Yvette Cooper, Home Secretary, stated a pledge for grooming to be an aggravated factor regarding sentencing of abuse cases. This would include an overhaul on how information is gathered when it comes to child sexual abuse.
This has been a hot topic in the media for a little while again recently after it was brought back into the light by Elon Musk, who publicly criticised the delay between the IICSA recommendations in 2022 and their yet-to-be-implemented status.
Prime Minister, Keir Starmer, stated in response that Musk was “spreading lies and misinformation.” However, weeks later the Home Office announced five new government-backed local inquiries, including a national review of evidence regarding grooming gangs.
Prior to the IICSA enquiry, Prof. Jay was know for publishing a report into the 2014 Rotherham abuse scandal.
Further reading
Sexual abuse – abuseclaims.co.uk
Civil abuse claims – Oakwood Solicitors
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