But changes to the Limitation Act 1980 will see the limit for victims to bring personal injury claims removed and the burden of proof shifted from victims to defendants.
The iPaper spoke with Kim Harrison, a lawyer who represents victims and survivors of abuse at Slater and Gordon, for the inside track on the fight to help survivors seek justice.
The campaign to change the time limit for civil claims related to child sexual abuse in England and Wales was inspired by a similar change in Scotland in 2017.
England and Wales lagged behind, with the Limitation Law stating that victims must bring personal injury claims within three years between the ages of 18 and 21.
This means victims and survivors will no longer have to go through the traumatic process of justifying why they did not come forward earlier to get their case heard.
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“Finally, people are listening to what survivors have been saying about why they cannot come forward within three years by their 21st birthday.”
“Going through that whole process is distressing, retriggering and retraumatising,” Harrison added.
The inquiry was led by Professor Alexis Jay and heard evidence from various stakeholders, including claimant lawyers, defendant lawyers, and insurance companies.
The apologies legislation would not apply to public inquiries or defamation cases and would not be retrospective, the Government said.
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However, the change does not guarantee that victims will get compensation – or even a trial – as claimants still need enough evidence to prove that the abuse happened.
She added: “There’s still a lot to prove as they’re very technically complex claims.
“It’s just that one hurdle now has been lessened… This limitation hurdle has been put on the defendants rather than the claimants.”
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