Past sexual abuse cases, Does this mean potential civil cases against those that have been NFA or criminal cases thrown out of court?

[soulbug]

Does this now mean, those that faced an historic child sexual allegation that had an NFA or a criminal case thrown out of court, could now face a civil case against them for historic accusations or will they be considered as exempt.

Spotted the new forthcoming changes on the BBC website.


https://www.bbc.co.uk/news/articles/ckgx05gy0p5o

https://www.iicsa.org.uk/reports-rec...ual-abuse.html

Recommendation 15: Limitation
The Inquiry recommends that the UK government makes the necessary changes to legislation in order to ensure:

the removal of the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse in respect of their abuse; and
the express protection of the right to a fair trial, with the burden falling on defendants to show that a fair trial is not possible.
These provisions should apply whether or not the current three-year period has already started to run or has expired, except where claims have been:

dismissed by a court; or
settled by agreement.

They should, however, only apply to claims brought by victims and survivors, not claims brought on behalf of victims and survivors’ estates.

[Peter1975]

I'm afraid it looks that way to me Soulbug, although my feeling is that it will be mostly the institutions and local authorities that will be targeted rather than individuals, unless those individuals are wealthy.

It has always been possible for civil claims to be brought after a not guilty verdict or a NFA and the proposed changes simply remove the time limit. Conor McGregor is a recent high profile example, losing his case in civil court after the DPP had declined to bring criminal charges. Civil courts have a lower standard of proof, ie: is it more likely than not as opposed to the highest standard used in criminal courts, beyond a reasonable doubt and so it follows that a case that does not meet the highest standards may well meet the lower one.

Given the government's stated commitment to implementing all the recommendations contained in the Jay report I would expect legislation to pass through parliament, becoming law by perhaps April 2026 at the earliest.

[soulbug]

Hi Peter, thank you for your reply, it could become a worrying time for people, as I am sure most people would naturally assume (like me) that their legal ordeal was finished, but it seems as if a 2nd attempt via perhaps no win, no fee solicitors, whom will be dangling the carrot, which could encourage false accusations, to give the case another go.

[Peter1975]

I've no doubt that the no win no fee lawyers will be rubbing their hands together at the prospect unfortunately.

It's probably best not to worry about it unless it happens but for the benefit of the readers, it's worth repeating here that it is always advised that you keep any evidence or notes you may have in the back of a drawer just in case.