Karen O’Sullivan considers the nuances of s 33 discretion in sex abuse cases
Too many children, often the most vulnerable in society, have been the victims of institutionalised sexual abuse at the hands of those entrusted to care for them. The law has been slow to respond and up until the 2008 landmark decision of A v Hoare [2008] UKHL 6, [2008] 2 All ER 1, sexual abuse was classified as a deliberate assault. As such the limitation period was six years, with no discretion for the court to extend this period. This fixed limitation period resulted in significant injustice to victims, who would often bury their experience of childhood abuse for many years. When victims of abuse eventually took legal advice they would often find their claims statute barred.
A v Hoare held that the Limitation Act 1980, s 11 applies to a personal injury claim arising from a sexual assault. As such the usual limitation period is three years from the date the cause of action accrued or the “date of knowledge” (as defined by s 14), whichever is the later.
