Yesterday the Government finally announced that it would be seeking to change the law in line with IICSA’s recommendation.
Victims of child sexual abuse will be better supported with new reforms that prioritise their rights. These include:
- Three-year limit for compensation claims to be axed – enabling victims to come forward when ready
- Burden of proof to shift from survivors to defendants – protecting victims from reliving trauma
- Measures deliver recommendations of Independent Inquiry into Child Sexual Abuse
The law in England and Wales has expected child abuse survivors to bring civil claims for the life-altering impact of the abuse within 3 years of them reaching their 18th birthday. For victims and survivors to find the strength to bring their cases and then to be told that they were not quick enough to act is devastating, and a significant barrier to justice.
BURDEN OF PROOF
The burden of proof on limitation issues will shift from survivors to defendants. IICSA says that this will enable cases to be heard more easily, and protect victims from reliving their trauma.
A legal action will proceed unless the defendant satisfies the court that:
- It is not possible for a fair hearing to proceed; or
- The defendant would be substantially prejudiced were the action to proceed.
The proposed reforms will require primary legislation and the government has yet to decide on its approach. We will provide further updates as matters progress.
To read the Consultation response click HERE
If you have suffered abuse or would like to discuss experiences, please contact our specialist abuse solicitor, Charles Derham on the following: