LEGAL EAGLE: There is no time limit in England and Wales for a criminal prosecution of a serious offence

I am sorry to hear you suffered abuse as a child. Please don’t worry, the courts have sympathy with delayed reporting of abuse. They understand it may take years or even decades for a survivor to feel strong enough to take any action.

Support from various agencies is available to the survivors of abuse if required. Sadly, abuse cases are far from uncommon. Recent research suggests one in six children have suffered sexual abuse. Many more have suffered physical abuse.

Unlike in some countries, there is no time limit in England and Wales for a criminal prosecution of a serious offence (some minor offences have a six-month time limit). You should therefore consider whether you wish to report the non-recent abuse to the police.

Separately, you may wish to pursue a civil claim seeking compensation for your suffering. Here there is a minefield of time limits for which you should seek specialist legal advice. The three-years you refer to applies to negligently caused personal injury and/or assault.

The courts, however, have a discretion to extend this time limit and often do, particularly if the alleged abuser is still alive, thus making it more likely that there can be a fair hearing of the case. The three-year time limit does not apply to a child until they turn 18-years-old and does not apply at all if a person has never had the mental capacity to bring a claim themselves.

You may have a valid claim for a compensation payment from the government through the Criminal Injuries Compensation Authority (CICA). The CICA is a government body who compensates victims of criminal violence.

Here a two-year time limit applies – for non-recent abuse this is often deemed to apply from the first report to the police rather than the abuse itself. Again, discretion is available to accept a late application. Seeking specialist legal advice is crucial.

I hope you can find the strength to seek advice on the best way forward for you.

On the issue of time limits, I would encourage any reader who has a possible legal case to seek legal advice now. Several different time limits apply to various legal cases. As I write this article, I can think of certain types of cases which have three-month time limits, six-month time limits, 12-month time limits, two-year time limits, three-year time limits, six-year time limits and even a 15-year time limit.

The takeaway from this for all readers is – don’t delay. As the Chinese proverb says, “the best time to plant a tree was 20 years ago, the second-best time is today”.

Please seek advice now.

For further advice, please contact Ben Hoare Bell LLP Solicitors on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.