30th Sep 2014
Sam Answers FAQ’s About Time Limits in Abuse Compensation Claims
What happens if the abuse took place a long time ago?
It is certainly true that the earlier abuse is reported the quicker the police can intervene and witnesses can be interviewed and evidence obtained. However, for many victims of sexual abuse, the experience is so traumatic that it can be many years before they are emotionally ready to report the abuse to the authorities.
In the past, claims brought out of time often failed due to a legal principle termed limitation. A person bringing a claim for compensation had to do so within 3 years from the date of the abuse, or within 3 years of realising their psychological injury suffered had been caused by their mistreatment. If the abuse happened to a child, a claim had to be brought by their 21st birthday.
Nowadays, the courts take a far more sympathetic and understanding approach to people who have suffered sexual abuse. If you have taken years to report your abuse, there may be a very good reason for this. Some victims are unable to come forward until say, the death of a loved one for fear of the upset and guilt caused by disclosing abuse.
The courts now have discretion to extend the normal three-year limitation period. However, the courts will only assist a potential claimant if there are good reasons for the delay. In addition, a court will consider how the delay may prejudice the defendant. If for example witnesses are long dead and a fair trial cannot take place, a court may refuse to allow a claim to proceed.
Often victims of abuse suffer severe and disabling psychological injuries and this can be a very persuasive reason for allowing a case to proceed beyond the normal three year limitation period. Psychological problems may have prevented a victim from facing their trauma. If this is the case the court is likely to extend the limitation period. However, defendants may want a victim examined by their own medical expert to try and show that a claimant was well enough to bring court proceedings within the three-year period. In those circumstances a court may be less sympathetic.
Because of the uncertainty of the law, at robsonshaw we are very keen to ensure that our client’s do not lose the right to bring a claim. We will always talk to clients about their options. If the abuse is historic, we will consider all the evidence and advise you whether we think we can overcome limitation in the particular circumstances of your case.
What about time limits in a claim to the CICA?
If a claim can be made to the Criminal Injuries Compensation Authority (CICA), the time limits are different from a civil claim. Under the latest CICA Scheme, a childhood victim has until their 20th birthday to make an application to the Authority. In the case of an adult, their claim must be submitted within 2 years of the date the incident. However, in abuse cases, the Authority may extend the time limits provided there is medical evidence, usually from a psychiatrist, to show that it was not possible to have applied earlier. This is why it is best to seek expert advice as we can help you gain the necessary medical evidence to help you bring your claim to the CICA beyond the two year time limit.
Are the time limits different if a victim has suffered physical, not sexual abuse?
If you have suffered non-sexual physical abuse, it is often treated differently to sexual abuse by the courts. Whilst the same rules about time limits apply to injury claims, if the physical abuse is historic, it is much harder to bring your case out of time. This may seem a harsh approach. However, the courts tend to take the view that if you have been physically abused, your injuries are there to be seen and you are therefore expected to act promptly. So, unless there is a psychological component to your physical abuse; for example you have suffered long term violence at the hands of your partner or a family member, you are much less likely to gain the support of the court if you do not bring your claim within the normal time limits.
Samantha Robson has over 14 years experience representing abuse victims and will happily answer your questions about abuse compensation claims on a confidential, free, no obligation basis. Just email Sam anytime at sam@robsonshaw.uk
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