Time limitations to bring a Sexual Abuse Claim

What Are The Time Limitations?

There are specified statutory time limits imposed by law for bringing negligence claims. These limitation periods are contained within the Limitation Act 1980.

Sexual and physical abuse claims may entail a combination of physical, psychological harm, and distress. As such, the law typically treats these cases as personal injury claims, for which a three year limitation period generally applies. However, the court often exercises discretion to extend the limitation due to the nature of these type of claims.

All sexual and physical abuse claims/actions are subject to statutory time limits for bringing claims. A high proportion of child abuse claims involve limitation issues where the abuse occurred decades prior. The courts recognise this issue and have developed the law in recent years to take into consideration statutory time limits for cases involving abuse.

However, every case is different, and it is important that you seek legal advice as soon as possible if you are thinking of making a claim. The court will have absolute discretion to extend a limitation period and will decide based on the facts of the case whether a case/claim for abuse can proceed. The claimant must show the court the reasons why there has been a delay in bringing a claim against the alleged defendant.

The court will consider these reasons and then attempt to determine whether the claimant (you) has a reasonable prospect of success.

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