Victims of child sexual abuse will be better supported with new reforms that prioritise their rights
The Government is delivering on recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA) to make it easier for victims to gain an apology and to pursue claims in the civil court.
The three-year time limit for victims to bring personal injury claims will be removed. So will the burden of proof that currently rests on victims’ shoulders, who must prove it is possible to hold a fair trial for one to go ahead. Now, that burden is lifted off victims and placed on defendants, who must show a fair trial cannot proceed if they intend to block one. This will enable cases to be heard more easily, and protect victims from reliving their trauma.
The Law of the Apologies will also be amended to encourage employers to apologise to people wronged by their employees, where currently they fear doing so because of institutional liability, meaning that victims are likelier to receive apologies from schools, care facilities or hospitals for abuse carried out by an individual at these institutions.
The Government has listened to victims, survivors and experts through two consultations - and they have said they want action.
Lord Chancellor Shabana Mahmood said:
Currently civil child sexual abuse claims must be brought within three years of turning 18, unless the victim can prove a fair trial can proceed despite the time lapse. But 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”.
As a direct result of today’s reforms, all cases brought will proceed unless the defendant proves that a fair hearing cannot take place, for example due to lack of evidence.
IICSA also heard that in many child sexual abuse cases, an apology by an institution was desired but never delivered, blocking victims’ path to closure.
Often organisations are reluctant to apologise because of concerns it may be interpreted by individuals such as insurers, as an admission of fault. The Government will clarify, as per the IICSA recommendation, that apologies could and should be offered by employers for the actions of current or former employees.
Justice Minister Sarah Sackman KC said:
The Independent Inquiry into Child Sexual Abuse heard the powerful testimonies of more than 7,000 victims and made 20 final recommendations.
The measures announced today build on action already taken across government to respond to horrific child sexual abuse crimes, including providing £10 million to drive change at a local level to protect children across the country from grooming gangs, and a suite of legislative measures to tackle online child sexual abuse, including two world leading measures on AI-generated child sexual abuse material. These measures form part of our commitment – underscored by our Plan for Change – to halve violence against women and girls this decade.
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.
Changes to the Law of Apologies and Limitation Law, follow two Government consultations in 2024.
Gabrielle Shaw, Chief Executive of the National Association for People Abused in Childhood (NAPAC), said:
Civil claims are made where someone feels that they have suffered a harm or a wrong which another person or organisation is accountable for. It is made by issuing a claim form at the relevant court (such as the County Court), and serving it on the defendant.
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