Extending time limits in sexual abuse cases

Abstract

This paper considers current legislative provisions in a range of jurisdictions concerning the time within which an action related to alleged past sexual abuse must be brought. It argues that the legislative provisions were typically drafted in the context of someone who has delayed bringing proceedings through their own inaction and default; as a result these provisions struggle to deal with situations involving a victim of sexual abuse. Such victims may take a long time, if ever, to come to terms with the abuse. There are very good reasons in the psychological literature explaining the typical response of a victim of such a crime, and their unwillingness to come forward about the abuse until many years after the events may be perfectly understandable and justified. In such cases, it is submitted the law needs to take a more accommodating stand, perhaps not providing for a limitation period in respect of such cases, though the court would retain its inherent jurisdiction to stay matters where a hearing in such circumstances would likely be unfair or oppressive to parties to the case.