Kathleen Lynch (Cork North Central, Labour)
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Question 544: To ask the Minister for Justice, Equality and Law Reform his proposals to review the legislation which places a statute of limitation on sexual abuse cases in civil cases even when a guilty verdict has been returned in the criminal courts. [23956/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Statutes of limitation are not a feature of the criminal code of law, where the State, in the public interest, seeks to prosecute those who commit offences because the committing of such offences, which may result in injury to individuals, are an affront also to society at large, although the courts will prevent a prosecution from proceeding in particular cases where they are satisfied that because of the passage of time it would be unsafe to proceed.

By contrast, the civil law provides a means whereby an individual aggrieved by the actions of another can seek redress, in the context of the Deputy's question, usually in the form of monetary compensation, for the wrong alleged. Given the wide application of the civil law and the need for certainty in how people may arrange their affairs, statutes of limitation are a feature of the civil law as it relates, in particular, to claims made by one private individual against another private individual or body for compensation for civil wrongs.

The limitation period for civil actions arising out of personal injury is generally three years from the date of the injury or, if later, the date on which the victim became aware, or could have become aware, of the injury. Where the injured person was under a disability at the time of the injury or of the date of knowledge, the three-year period does not start to run until the person is no longer under a disability. In this context, the term "disability" is used in a technical way as meaning either a person of unsound mind or a minor. Thus, for an injury done to a person as a child, the latest point at which the person can commence civil proceedings would generally be age 21, that is, three years after reaching the age of majority.

In 2000, the Statute of Limitations (Amendment) Act was passed on foot of a Private Members' Bill proposed by Deputy O'Sullivan and supported by the Government. This Act made important changes to the Statute of Limitations 1957 as it relates to acts of sexual abuse done to a person while a child. As a result of that Act, a victim of child sex abuse is regarded as under a disability if, as a result of that abuse or any other act of the abuser, the person is suffering a psychological injury which substantially impairs his or her ability to make a reasoned decision in respect of bringing the civil action. Thus, the three-year period does not start to run in such cases until the victim has recovered sufficiently from the psychological injury to be able to decide whether to bring the action.

I am satisfied that this measure strikes an appropriate balance between the right of the victim of child sex abuse to seek redress from the perpetrator once he or she has overcome the trauma of that abuse sufficiently to be able to commence proceedings, on the one hand, and the rights of people generally to be protected against stale claims, on the other. The courts hearing such a claim are best placed to judge how the change made in the 2000 Act applies in the particular case and it is open to the parties to adduce evidence of whatever criminal proceedings may be relevant to the civil proceedings.