Abuse and criminal injuries

Sexual abuse

When investigating a sexual abuse claim it is necessary to consider a number of issues which include:

1. •

   the potential cause of action, eg the intentional tort of trespass, vicarious liability, negligence, breach of statutory duty or a Human Rights Act 1998 claim

2. •

   whether another individual or organisation can be held vicariously liable for the abuse

3. •

   the limitation issues which commonly arise in these types of claims as the abuse will often have occurred many years earlier

In a civil claim it is usual practice in cases involving allegations of sexual abuse for limitation to be tried as an issue at the same time as liability and causation in order to avoid the claimant having to give evidence twice.

Sexual abuse claims can be complex cases to investigate because the evidence is often incomplete and old and witnesses may be difficult to identify and trace.

For further guidance on the different types of claim that can be brought, see Practice Note: Sexual abuse claims.

Claims for compensation to the Criminal Injuries Compensation Authority (CICA)

While victims of crime can