Consultation launched on plans to reverse burden of proof before historic child sexual abuse cases heard in court

The Government has unveiled proposals to make it easier and less traumatic for victims of child sexual abuse to bring historic claims through the civil courts.

The consultation, launched last week (15 May), follows a Government commitment to explore options for reform in response to recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA) in 2022.

Currently child sexual abuse claims must be brought within three years of the claimant turning 18 unless the court grants an extension. For this to happen, the victim must prove a fair trial can proceed, despite a time lapse.

Government proposals would reverse the burden of proof – meaning cases would proceed automatically, unless the defendant proves it is not possible for there to be a fair hearing.

The Ministry of Justice (MoJ) noted this would “reduce the need for survivors to re-live trauma”.

The Independent Inquiry heard that a “significant number” of claims are being rejected because of the time limit. Yet, the overwhelming majority of child sexual abuse claims are brought later than three years, because it can take “decades for survivors to feel able to discuss their sexual abuse”.

The Inquiry made a number of recommendations for the law on limitation. These were focused on legislative reform to remove the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse in respect of their abuse, while also reflecting the importance of the right to a fair trial.

Following the IICSA findings, the Government accepted that “limitation in its current form can act as a barrier to justice in these instances”.

The MoJ said: “The proposal to reverse the burden of proof largely removes this hurdle, while maintaining the limitation period.

“Limitation periods are put in place across all civil claims. They work to protect justice by striking a balance between the rights of claimants to bring claims and the rights of defendants to a fair trial. It is a way of acknowledging the difficulty in establishing the facts long after the event. The quality of evidence can decline over the years, key witnesses may be unavailable or have passed away, and crucial documents destroyed.

“For these reasons, the government does not support the Inquiry’s recommendation to remove the limitation period entirely. However, the consultation is seeking wider views on this option.”

The consultation will run until 10 July 2024.

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. We welcome all views and will consider all responses carefully.”

Lottie Winson