England: Time limit rules for child sexual abuse claims to be eased

At present, child sexual abuse claims must be brought within three years of the claimant turning 18 unless the court grants an extension, which requires the victim to prove that a fair trial can proceed despite a time lapse.

The government is proposing to reverse this burden of proof so that cases would proceed automatically unless the defendant proves it is not possible for there to be a fair hearing.

It follows an independent inquiry into child sexual abuse recommending in 2022 that the limitation period be removed entirely, which the government says it does not support.

The government also says it will put Court of Appeal guidance on which factors should be considered when removing the time limitation formally into statute.

Justice minister Lord Bellamy said: “Child sexual abuse is utterly abhorrent and we must protect the interests of these victims and survivors by making the judicial process as straightforward as possible.

“However, we also know limitation periods play an important role in ensuring defendants’ rights to a fair trial, which is why our proposal to reverse the burden of proof strikes the right balance.”

With a consultation beginning today, Lord Bellamy added: “We welcome all views and will consider all responses carefully.”

The child sexual abuse inquiry, which produced its final report in 2022, heard that a “significant number” of claims are rejected because of the time limit, and also that the overwhelming majority of claims are brought after the three-year limit.

Research by a Westminster committee has found it takes an average of 26 years for victims to disclose sexual abuse.