Changes in the law on time limits in sexual abuse cases

On 4 February the government announced that it will implement in full the recommendation from IICSA (The Independent Inquiry into Child Sexual Abuse) to remove the 3 year primary limitation period for civil claims arising from child sexual abuse. This change recognises the very real difficulties victims and survivors have in coming forward within the current time limit.

At the moment, any claim for abuse in childhood is supposed to be brought within 3 years of the victim turning 18 – this is known as the ‘primary limitation period’. The court can allow a claim to be brought outside this period , and many claims do go forward ‘out of time’. But victims of abuse are put in the unfair position of having to justify their delay in bringing the claim – when research evidence proves that it typically takes many years for victims to summon up the psychological resources to disclose abuse and talk about it within a legal process.

Once the legislation is passed, there will be no time limit for claims. Victims will no longer have to justify their delay in coming forward. A defendant can still secure a stay of proceedings if they can persuade the court that a fair trial is impossible- but the burden of persuading the court will rest on the defendant.

This is a very welcome and progressive change which we have been arguing and campaigning for for years. In IICSA Richard Scorer and Kim Harrison, the joint heads of our Abuse team, gave evidence on this issue, arguing for a limitation law change on precisely this basis. IICSA accepted those arguments, and it’s great to see the government now committing to implement the IICSA recommendation without watering it down.

The change will only take effect once legislation is passed – we will be pressing the government to do this without delay.