Abuse Solicitor Welcomes Potential Statute of Limitations Removal

ABC News
January 23, 2015

http://www.abc.net.au/news/2015-01-23/abuse-solicitor-welcomes-potential-statute-of-limitations-remov/6042198

A Newcastle solicitor specialising in compensation for survivors of child sexual abuse says he would welcome the removal of the statute of limitations on historic abuse claims.

In New South Wales, victims of child sexual abuse typically have between three and 12 years to sue for damages, but the government is considering extending or scrapping the time limit.

Peter Kelso said although the limitation seems arbitrary, when it was first introduced legislators would not have been considering its impact on victims of historic sex abuse.

"There would be no way they would have been thinking about historical child sex abuse case," he said.

"They would have been thinking purely about cases like workers compensation, slip and fall, motor vehicle accidents - that sort of thing.

"So at the time this was brought in there was no thought on the horizon about historical child abuse."

Mr Kelso is also urging state governments to allow victims to pursue institutions, such as churches.

The issue has been highlighted during the Royal Commission into Institutional Responses to Child Sexual Abuse.

Mr Kelso said one of the big issues remains the ability to sue the organisation employing an offender.

"Because as most people are aware very few offenders have assets which are exposed to civil action," he said.

"There needs to be law reform on the vicarious liability of institutions, like the Catholic Church, the Salvation Army and even the state government itself."