Childhood sexual assault in NSW has been subject to reform in recent years, particularly with respect to its statute of limitations. The RMB Compensation Division guides you through the changes.
In the past, victims seeking to file a common law claim for damages related to childhood sexual assault were generally required to initiate legal proceedings within three years of turning 18.
However, findings from the 2015 Royal Commission into Institutional Responses to Child Sexual Abuse revealed that these limitation periods posed a substantial barrier for victims and their ability to bring legal proceedings.
In response, the NSW Government enacted the Limitation Amendment (Child Abuse) Act 2016, which removed the statute of limitations for civil claims related to childhood sexual abuse.
The legislative change in effect means that formal court proceedings in common law claims for childhood sexual assault no longer must be brought within a specific period of time. Rather, such claims can now be brought at any time.
This is a significant advantage to victims of childhood sexual assault.
Despite the removal of limitation periods in such claims, we encourage victims of childhood sexual assault to seek legal advice as soon as possible.
There are several factors that may influence the best timing of legal proceedings, and discussing these with a solicitor can provide valuable insight tailored to your situation.
For example:
- The death of the offender, which may complicate the process of gathering evidence and the ability to recoup the offender’s assets in the event they have already been disbursed from the estate. While claims can typically be made against the offender’s estate, timely action may be beneficial.
- The risk of the offender dissipating or losing assets that could potentially satisfy a settlement or judgment.
The psychological well-being and recovery of victims of childhood sexual assault must always remain a top priority. If investigating such a claim is a possibility however, we encourage you to consider seeking professional legal advice as early as possible as it may be beneficial to the strength of your claim and the recouping of settlement or judgment monies.
Seeking legal advice at your earliest convenience can help ensure clarity as to your legal options and prevent any unforeseen circumstances that could adversely affect your claim.
At RMB Lawyers, we are we are committed and dedicated to assisting victims of childhood sexual assault and guiding them through this process of a common law claim with compassion and expertise. You can contact our office by phone on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.