Child Abuse & Sexual Abuse Claims

There are certain exceptions to the statute of limitations rule. It can often take a victim of sexual abuse years to realise the injury that they have sustained. In such cases, a child sexual abuse claim may be possible outside of the normal time limit. This may apply in situations such as potential school child abuse claims.

Under Section 48 (a) of the Statute of Limitations the clock on the statute of limitations only commences once the victim is deemed psychologically capable of bringing a case. To rely on Section 48(a) the victim must prove that they sustained a psychological injury, and that this injury prevented you from bringing proceedings. This is a matter that a psychiatrist must provide an opinion on, so their expertise should be sought for potential historic sexual abuse claims.

In a civil case, the statute of limitations allows six years from the date of the assault to bring a child abuse claim against an individual. However, if pursuing an organisation or institution the time limit is two years from the date of the assault.

Anyone who has experienced child abuse may potentially be able to make a claim. It is important to seek specialist legal advice to be clear about the right to claim, including with regard to the relevant time limits.

Reporting the abuse to An Garda Siochana is an important first step as this essential for any criminal proceedings and will act as a key piece of evidence for any civil proceedings.

A solicitor will be able to help with civil proceedings for anyone who wishes to pursue a claim against their abuser or an institution that failed to prevent the abuse.

It is important to note that criminal proceedings are brought by the Director of Public Prosecutions and seek to punish the perpetrator of the alleged abuse. Civil proceedings are brought with the intention of seeking compensation for the victim of the sexual abuse.