Child abuse victims will be able to take legal action regardless of time frame

By Samantha Landy
Herald Sun
February 24, 2015

http://www.heraldsun.com.au/news/victoria/child-abuse-victims-will-be-able-to-take-legal-action-regardless-of-time-frame/story-fni0fit3-1227236485991

CHILD abuse victims in Victoria will be able to pursue legal action regardless of when the maltreatment occurred, with complex time limits to be abolished.

An advocacy group for child abuse survivors says the new law — to be introduced by the Andrews Government today — is a “good first step” towards providing greater access to justice for victims.

The government’s bill will remove the limitation period for child abuse claims both past and future, regardless of the time or context of the alleged abuse.

Adults Surviving Child Abuse president Cathy Kezelman said the limitation had been a major barrier for victims wanting to pursue legal action.

Dr Kezelman said the Royal Commission into Institutional Child Sexual Abuse had found that it took victims an average of 22 years to disclose that they had been abused — a time frame that did not fit in with current time limitations.

“Disclosure’s one thing — making a decision to take a perpetrator through a court process is another,” she said.

“A lot of survivors have found the process ... completely traumatising.

“This is a good move. There’s been far too many impediments for victims to seek justice.”

Dr Kezelman said even more could be done to make abuse victims feel comfortable launching legal claims — notably training lawyers, judges and magistrates to deal with traumatised people sensitively and to clearly communicate what is involved in the legal process.

Attorney-General Martin Pakula said the government introduced the bill because the trauma of abuse often prevented victims from seeking compensation immediately, and time limitations discouraged them down the track.

A limitation period expiring may also be used against victims in negotiations, often to reduce the settlement amount offered, he said.

“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 rightly acknowledged and holding those to blame to account for the harm they’ve caused.”

The Limitations of Actions Amendment (Criminal Child Abuse) Bill 2014 will also allow dependants of deceased victims impacted by the child abuse, such as family, to seek civil damages.

It will accordingly remove the 12-year “long stop” limitation period that applies to wrongful death claims brought by victims’ dependants, where the death was caused by child abuse.

Mr Pakula said the new law delivered on Labor’s election commitment to implement the recommendations from the ‘Betrayal of Trust’ report, devised from the parliamentary inquiry into the handling of child abuse by religious and other organisations.