New Reforms to Support Child Sexual Abuse Victims
In response to the Independent Inquiry into Child Sexual Abuse (IICSA), HM Government last week announced three new reforms to support the victims and survivors of child sexual abuse.
The new reforms aim to make it easier for victims to gain an apology and to pursue claims in the civil court.
1. Three-Year Time Limit to Claim Removed
The existing three-year time limit for victims to bring personal injury claims is to be removed. Currently civil child sexual abuse claims must be brought within three years of the victim turning 18, unless they can prove a fair trial can proceed despite the time lapse. This is a much needed legislative change as evidence shows it can take many years for survivors to feel able to discuss their sexual abuse.
2. Burden of Proof on Defendants
In addition, the burden of proof has been shifted from survivors to defendants. Currently the burden of proof rests on victims who must prove it is possible to hold a fair trial for one to go ahead. The amended legislation will transfer the burden of proof to defendants who must show a fair trial cannot proceed if they intend to block one.
As government office highlight, both of these changes are designed to enable cases to be heard more easily, and to protect victims from ‘reliving their trauma’.
3. Changes to the Law of Apologies and Limitation Law
Following two HM Government consultations, changes to the Law of Apologies and Limitation Law, have also been announced. Often organisations are reluctant to apologise, concerned that such apologies may be interpreted as an admission of fault and therefore liability. The new amendment to the Law of the Apologies is designed to encourage employers to apologise to people wronged by their employees without the fear of institutional liability.
Further Changes Planned
As we previously reported, HM Government also plan further legislative changes which will:
- make grooming an aggravating factor in the sentencing of child sexual offences;
- introduce a new Mandatory Reporting duty;
- introduce a new offence so anyone covering up child sexual abuse will face criminal sanctions.
These changes are designed to protect children and young people from child sexual abuse and exploitation, and will be part of the Crime and Policing Bill which will be put before Parliament this Spring.
These positive moves demonstrate a much-needed commitment to implement the IICSA recommendations, which were presented to parliament in 2022. As the report highlights, tribute must be made to the many thousands of victims and survivors who gave evidence to the Inquiry about the abuse they had experienced, and it is right for them and for the protection of others for all recommendations to be fulfilled.
SSS Learning Safeguarding Director
10 February 2025
