The Law
Some relevant issues arising out of the law relating to sex abuse claims
Please bear in mind that every case will be different. What follows are some typical answers to questions which might arise in your case, but you must understand that it will be necessary to speak to a solicitor to work out whether or not you might have a good case.
Who will be sued?
The claim might be brought against the abuser. In other cases, the claim might be brought against a person or organisation that was responsible for the abuser or for your safety. This might be a school, church, social services department, youth group, the scouts, sports club or even your parents. You would be able to choose who was sued.
What do I need to prove to win my case?
The first thing you will need to prove is that you were abused. Don't worry if you do not have any witnesses. This is normal in these type of cases.
If you are suing someone other than the actual abuser, you will also need to prove that the person or organisation you sue was meant to be looking after you, or that they were responsible for the abuser such as by employing him or her. You may also need to prove that the person you are suing should have stopped you being abused, e.g. by showing that they knew that the abuser was a danger to children or that you were at risk.
Is there a time limit for bringing a claim?
Yes there is and this can sometimes be a difficult obstacle to overcome. If your 21st birthday is close you must seek legal advice immediately.
If you are older than 21 (as lots of clients will be), in appropriate cases, the court can allow cases to proceed out of time. This is true even if the abuse happened many years ago. Whether or not the claim can still proceed is something that we will consider with you, but again prompt advice should be obtained.
You will find some useful information in this document.
How will my claim be funded?
We deal with the majority of claims by a 'no win, no fee' arrangement and we will explain the cost implications of bringing a claim.
Will I have to go to court?
Most cases we deal with settle without a trial. Defendants do not want to fight cases that they will lose. Ultimately, whether or not your case settles will depend on whether or not a suitable amount of compensation can be agreed with the defendant. If it cannot be agreed, the case would have to go to court to be decided by a judge.
Will the abuser go to prison?
We can help you with a civil compensation claim only. The police and Crown Prosecution Service are responsible for bringing offenders before the criminal courts for punishment. We do not deal with such cases.
How long will the case take?
This depends on how straightforward it is. Some cases can be resolved within a few months, others take longer.
Will everyone know who I am and what has happened to me?
It is usually possible to bring a claim with as much or as little publicity as you wish. We can apply to the court for an anonymity order so that your identity would be secret if this is of concern to you. There is no reason why your employers or family and friends should find out about your past if you do not want them to, but we can advise you on this in relation to your specific case.