Victim Advocates Pressure Government on Child Abuse Reform

By Christopher Knaus
Canberra Times
June 3, 2016

http://www.canberratimes.com.au/act-news/victim-advocates-pressure-government-on-child-abuse-reform-20160520-gozx42.html

Anti-child-abuse campaigners have urged the ACT government to capitalise on the royal commission's momentum and scrap time limits obstructing survivors from suing.

Legal time limits that obstruct significantly delayed civil claims can pose a major barrier for victims of child sexual abuse.

Anti-child abuse campaigners are calling on the ACT to scrap time limits preventing survivors from suing. Photo: Viki Lascaris

The vast majority of survivors are highly traumatised and can take many years to feel able to confront their past.

The royal commission last year urged states and territories to end their statute of limitation periods for such claims, a recommendation that prompted Victoria and NSW to act.

The commission described the statutes as "clearly inappropriate for survivors", and recounted one victim's evidence, heard in a private session:

"The statute is designed for someone who has tripped over in Kmart, it is not designed for victims of child sexual abuse," the survivor said.

But the ACT has not yet followed the other states' lead.

Instead, the government is waiting to see whether other states and territories will commit to a national scheme for survivors to seek compensation.

Independent action would be taken if a national redress scheme did not happen.

Bravehearts, who advocate for child abuse victims, have described the ACT's approach as "disappointing".

They say governments should not be choosing between a system of redress on the one hand and civil litigation without time restriction on the other. The two initiatives are meant to be complementary, Bravehearts argue.

NSW, for example, is continuing to push for a redress scheme while moving to scrap the statute of limitations for abuse survivors.

Bravehearts research director Carol Ronken said governments needed to act swiftly to capitalise on the momentum of the royal commission, which had brought many victims forward and created community pressure for reform.

"I think that's very disappointing, for any state or territory government to be waiting," she said.

"With the attention that the royal commission is getting, our state governments, our federal governments, all have a responsibility to do whatever they can to make sure that the response to survivors is appropriate and adequate."

Campaigner and survivor of abuse at Marist College Canberra Damian De Marco said all too often the recommendations of royal commissions were shelved.

But Mr De Marco, named ACT's Hero of the Year in 2015, said this royal commission was simply too important to let slip by.

"Royal commissions so often have their recommendations shelved and collect dust. The worry is that this one is very important," he said.

"We've got a big responsibility to the kids. If the royal commission recommends it, well they're the ones who know the best in the whole country, they've been at the coalface."

Ms Ronken said that continuing the statute of limitations was "incredibly unjustifiable" for abuse claims, given all that is now known about the devastating long-term impact of child sexual assault.

She said research showed that it can take 20 years for a survivor to overcome the barriers stopping them from confronting their abuse.

"We know that for many victims of child sexual assault it can take many years until they're actually able to disclose or speak out about what has happened to them," Ms Ronken said.

Three law firms who deal with such claims – Porter's Lawyers, Ken Cush and Associates, and the Canberra Legal Group – called publicly this week for the government to act with urgency on reform.

There were fears that the ACT would become isolated in its lack of progress on the issue, creating a situation where a victim in Queanbeyan could sue without time limit, but a survivor of the same abuser in Canberra could not.