Can you claim compensation if you were abused as a child?
Specialist abuse lawyer Elizabeth Duncan deals with many claims for people who suffered sexual abuse in childhood. The vast majority of these claims are brought when the person is an adult, often in their 30s or 40s.
Abuse claims brought in the county court
County court claims for compensation for incidents that happen in childhood should generally be brought by a person’s 21st birthday at the latest. However, claims can be made later than this in certain limited circumstances.
Legal time limits are regulated by the Limitation Act 1980. This gives courts the discretion to extend the usual time limit to bring a claim. In exercising its discretion the court will consider a number of specific factors.
The first consideration is the length of, and reason for, the delay. Judges are generally quite sympathetic to survivors of sexual abuse and recognise that it can take many years for them to be able to disclose what has happened. This is particularly the case where the abuser has made threats to their victim about them not being believed if they tell anyone or that they will be hurt. It is not uncommon for abusers to tell children that they will be taken away from their families if they tell anyone what has happened.
Childhood abuse can often have a devastating effect on a person’s mental health, and this is taken into consideration too when considering a late claim.
The court also considers the impact the delay is likely to have on the prospects of a fair trial. While documents can be lost and memories fade over time, where an abuser has been convicted or where contemporaneous documents can be found (such as Crown Court transcripts, medical records and school records) this is often enough to satisfy a judge that a civil compensation claim should be allowed to proceed. Criminal convictions of the abuser can also be relied on as proof in civil claims, which is extremely helpful.
The extent to which the person making the claim acted promptly once they were able to is another factor that is taken into account, so it is important to seek specialist legal advice as soon as you are able.
Overall, the court has to be satisfied that it is still possible for a fair trial to take place, bearing in mind all the circumstances and the evidence available.
Abuse claims made against the Criminal Injuries Compensation Authority
For someone bringing a claim against the government’s Criminal Injuries Compensation Authority (CICA) Scheme the rules are different. For a CICA claim where the crimes concerned happened in childhood, and where the police were informed in childhood, the application must be made by the applicant’s 20th birthday. If the police are not involved until after the person turns 18 then the application must be made within 2 years of the report to the police.
Both these time limits may be extended in what the CICA terms “exceptional circumstances” as long as there is no need for further extensive investigations by the CICA decision maker. There is no specific definition of what constitutes “exceptional circumstances” but we have had a lot of success with arguing that being too unwell psychologically to make the claim earlier would count.
Whatever kind of childhood sexual abuse claim you have it is important to seek specialist legal advice about time limits as soon as you are able.
So if you would like to know if you can claim compensation if you were abused as a child then our specialist lawyers are here to help. We will listen to you with kindness and compassion and in complete confidence. For a free assessment of your case and details of no win, no fee funding call us on 0333 888 0404 or email us at [email protected].
