Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 316: To ask the Minister for Justice, Equality and Law Reform his proposals to set up an appropriate forum for people for people alleging that they were sexually abused as children but whose cases are not being proceeded with, due to the lapse of time, to be heard; and if he will make a statement on the matter. [22286/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

Child sexual abuse is a heinous offence which cannot be tolerated in any civilised society. As far as I, and the Government are concerned, there will be no hiding place for those who are responsible for such vile crimes. In terms of specific action, the Government established the Commission to Inquire into Child Abuse to afford victims of abuse in childhood an opportunity to tell of the abuse they suffered to a sympathetic and experienced forum and to establish as complete a picture as possible of the causes, nature and extent of physical and sexual abuse of children in institutions and in other places.

Court action may be taken under the criminal and civil code of law in relation to allegations of child sexual abuse. 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 (though 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). The matter is the responsibility for the Criminal Justice System which includes the Gardaí, the Director of Public Prosecutions (DPP) and the Courts. I have no role in relation to the investigation or prosecution of offences and this is a matter for the Gardaí and the DPP.

By contrast, the civil law provides a means whereby an individual aggrieved by the actions of another can seek redress, usually in the form of monetary compensation for the wrong alleged. 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. "Disability" in this context 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 Member's Bill proposed by Deputy Jan O'Sullivan and supported by the Government. This Act made important changes to the Statute of Limitation 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 relation to 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.

The amendments made to the Statute of Limitations Acts have assisted survivors of sexual abuse in bringing court actions. The Government also put in place a regional professional counselling service, dedicated specifically to providing support and help to survivors of child abuse.