Child abuser imprisoned
21st August 2009
The Star reports that a paedophile was imprisoned after boasting to an undercover policeman about his crimes. He was imprisoned for indecently assaulting a child and for possession of child pornography. The abuse took place three decades ago, and the victim (now in her mid 30’s) was aged six and seven at the time. The judge commented that these offences were like a “timebomb” and that the length of time since the offences was “neither here nor there.”
This is yet another case that demonstrates the power of the criminal courts to investigate matters from many years back. It is thought any limitation period on a criminal investigation would essentially allow some child abusers to go free, and go on to abuse other children.
However limitation periods do exist for civil claims and for claim to the Criminal Injuries Compensation Authority. The recent case of NXS v London Borough of Camden [2009] EWHC 1786 (QB) is an example of a Claimant who was able to take action against a local authority, despite being many years past primary limitation. Similarly in relation to the Criminal Injuries Compensation Authority, child abuse claims are allowed even though they are many years after the event.
The Authority publishes a leaflet “Child abuse and the Criminal Injuries Compensation Scheme.” It is stated under “Time Limits”
“You need to send us your application within two years of the date of the incident. We can accept applications outside this two year period only if, as the scheme puts it, “it is reasonable and in the interests of justice to do so.”
In cases involving child abuse, we will generally accept late applications if:-
They are made on behalf of children or made by children themselves within a reasonable time of reaching the age of 18; and
It seems likely that we will be able to find enough supporting evidence to make an award”
The leaflet goes on to say:-
“In the case of child abuse, we do understand that you may not be able to report the incident for years after the abuse took place.”
