BLOGS

There are time limits for claiming compensation for injury, be it physical or psychological.  Put simply, the time limit is 3 years from when the injury was caused.  If the injury is caused to a child, the 3 years does not start to run until their 18^th birthday.

This time limit can be problematic when seeking compensation for sexual abuse that was suffered in childhood. People who have suffered sexual abuse often lock what has happened away and cannot face confronting it for many years, or even decades. 

Then, many years after the abuse, some are able to tell the police what has happened.   If the perpetrator is still alive, they may be prosecuted for their crimes.

Whilst the prosecution may provide some satisfaction to the person who suffered the  abuse, it does not provide financial redress for the injuries and losses.  Many will have had years of psychological torment, had endless prescriptions of anti-depressants, and had their ability to work and form relationships affected.  

So, can they still seek compensation, even though they are years past the 3 year time period for bringing injury claims?  Sometimes they can, but not always. 

It depends partly on who the claim would be against.  If the abuse was carried out by someone in a position of trust, such as a teacher, scout leader or within a church group, the claim would be against the insurers for that organisation.  The court has a discretion to disapply the 3 year time limit, and often does so if the delay does not affect “the cogency of the evidence”.  Has the passing of time affected the court’s ability to get to the truth of what happened?  If the perpetrator has been found guilty, then the cogency of the evidence is less of an issue as a judge has already decided that the abuse took place.  So, the court is more likely to allow the civil claim for compensation to proceed.

If the abuse was carried by someone not in a position of trust, the time limits can be more tricky.  If the perpetrator has assets that can be used to pay compensation, a claim can be brought against them, and the court would face the question the same way by considering whether the delay had affected the cogency of the evidence.  If the perpetrator owns a house or has savings, it can be worth bringing a claim against them.

If the perpetrator has no assets, the time limits are different and less flexible.  An application for compensation can be made to the Criminal injuries Compensation Authority. This organisation is funded by government and has its own rules.  Compensation paid by them is less than would be ordered by a court.  The time limit for a claim against them is two years not three.  Also, they are less willing to disapply the time limit than a court is.  The CICA sometimes allow claims to be made decades after the abuse, as long as the application is made to them within 2 years of the first report of the abuse.  So if the report is made to the police and the criminal prosecution of them takes more than 2 years,  any application to the CICA made after the conviction  will be rejected for being out of time.  It is likely that the injuries and losses will go uncompensated.

Anyone who has suffered sexual abuse may be able to claim compensation for what they have been through.  But delay can mean you come up against a dead end.