The Government recently announced that it will be following The Independent Inquiry into Child Sexual Abuse (IICSA)’s recommendation to abolish to 3-year limitation period for negligence claims brought by survivors of child sexual abuse.
The current Limitation Act 1980 imposes a 3-year limitation period when bringing a civil claim for sexual abuse. If the individual was a child at the time of the abuse, then the 3-year period begins from their 18th birthday. Therefore, survivors of sexual abuse often only have until their 21st birthday to bring a claim for sexual abuse.
However, we regularly see that most survivors of abuse take longer to bring a claim. Many survivors are dealing with significant psychiatric problems associated with the abuse, which often prevents them from bringing a claim within the relevant period. As the IICSA heard, a “significant number” of claims are being rejected because it can take “decades for survivors to feel able to discuss their sexual abuse”.
Whilst the 3-year limitation rule does not entirely prevent claims from being brought, it does increase the risk when taking claims to trial. At present, limitation periods can be extended in exceptional circumstances, but the burden remains on the claimant to justify their delay.
The new laws, which were announced on 5th February 2025, would extend the limitation period for survivors of sexual abuse. As a direct result of the reforms, all cases brought will proceed unless the defendant proves that a fair hearing cannot take place, for example due to lack of evidence.
The reforms will apply to cases that are issued and all cases that have not yet been settled or dismissed by a court. The changes are limited to child sexual abuse claims and do not cover claims for emotional or physical abuse.
Legislation will also be brought forward to make grooming an aggravating factor in the sentencing of child sexual offences, and introduce a new Mandatory Reporting duty, in the Crime and Policing Bill to be put before Parliament this Spring. A new offence will also be created so anyone covering up child sexual abuse will face criminal sanctions.
Additionally, reforms will be made to the Law of Apologies to encourage organisations to apologise for misconduct by former or current employees. For example, the Local Authority would be able to issue an apology to a claimant for actions of a foster carer that they had employed. Presently, many institutions are reluctant to issue apologies out of fear that an apology could be interpreted as an admission of liability. The Government has clarified that apologies should be encouraged, which will hopefully allow for survivors to get closure on their experiences.
If you are a survivor of childhood sexual abuse, you are not alone. We understand that abuse as a child affects the entire course of your life. Farleys offer specialist services for victims of sexual abuse, with over 20 years of experience in pursuing both civil claims and CICA claims for survivors of abuse.
For an initial chat about your case, please call 0845 287 0939. Alternatively, you can get in touch via email or use the online chat below and a member of the team will get in touch with you.
