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.

Section 11ZA of the Limitation Act 1980 (LA 1980) removes the three-year time limit in personal injury claims for sexual abuse where the claimant was under 18 at the time of the abuse. The provision has retrospective effect; it applies to claims, including issued claims, involving abuse prior to the reform coming into force (LA 1980, s 11ZA(6)).

LA 1980,