Child abuse legal time limits to be lifted in Victoria

By Richard Willingham
Age
February 23, 2015

http://www.theage.com.au/victoria/child-abuse-legal-time-limits-to-be-lifted-in-victoria-20150223-13mk6t.html

Victims of child abuse in Victoria will be able to seek civil damages regardless of when the abuse occurred under new laws to remove complex time limitations.

The new laws will mean victims who suffered child abuse decades ago will be able to seek civil damages from those responsible for the abuse, including an organisation. Attorney-General Martin Pakula will introduce the laws to the Victorian parliament this week, which will apply retrospectively. 

Under the law child abuse is defined as sexual abuse, physical abuse or psychological abuse that arises from sexual or physical abuse. 

The Betrayal of Trust report, by the Victorian parliamentary inquiry into the handling of child abuse by religious and other non-government organisations, found that time limitations were a major hurdle for victims seeking to litigate against organisations.

Civil litigation, the inquiry found, was important for victims, who saw the action "not only as an avenue to seek compensation, but also as form of acknowledgement and accountability for the harm they have suffered."

Some organisations had "aggressively" pursued the limitation defence in civil litigation cases involving claims of child sexual abuse, the Betrayal of Trust report says.

The expiration of a limitation period has also been used against victims in negotiations, often to reduce a settlement amount.

The committee recommended the government consider removing limitations on criminal child abuse. 

There is a complex set of rules around limitations. Under current laws civil claims must be bought within either; six years from the date on which the victim realises they have been abused by the victim, or 12 years from the date of the alleged abuse, whichever is earlier.

But if the alleged abuser is a parent, guardian or close associate of a parent, there is a longer time frame, including up until the victim turns 37. 

Many abuse survivors do not disclose or act on their experiences until decades after the events. The Australian Lawyers Alliance, in its submission to the inquiry, said victims were "often too ashamed to disclose the truth."

"They may confuse a totally inappropriate relationship with a loving one. They may have been threatened, either directly, or through their families, should they reveal the truth," the alliance wrote. 

Victims may have also attempted to suppress the abuse in their minds while trying to get on with the rest of their lives.

Despite the Napthine government supporting all the committee's recommendations, several recommendations remained unfulfilled at the election. During the campaign Labor promised to complete the outstanding recommendations.

Mr Pakula said the new laws would also allow dependents of deceased victims, such as family members who were also impacted by abuse to seek civil damages. 

 "The trauma of child abuse can prevent victims from seeking immediate redress for the suffering they have caused, so our laws need to account for this – not penalise people for it," Mr Pakula said.

"This is about giving victims greater access to justice, allowing their suffering to be rightfully acknowledged and holding those to blame to account for the harm they've caused."