Man’s attempt to halt sister’s sexual abuse civil claim fails

A man has failed in his bid to prevent his sister from pursuing a sexual abuse civil claim for damages over allegations of sexual abuse and rape committed against her during her childhood. The woman asserts that her brother sexually assaulted her repeatedly between the ages of 11 and 13, with the abuse allegedly taking place on more than 120 occasions over several years.

The abuse reportedly ceased after the woman’s mother caught her brother in the act, leading to him being temporarily expelled from their home. However, after her father pleaded for his return, he was allowed back into the household. To protect her, the woman claims that her mother would lock her in her bedroom when her brother was at home.

The woman has also made allegations of abuse by two other men, one of whom has since passed away.

The investigation into the other man’s actions was triggered when the woman was approached by gardaí in 2019, which led to a formal complaint and his subsequent conviction.

Due to the trauma resulting from the abuse, the woman has reported that she turned to alcohol and substance abuse, and her mental health significantly deteriorated.

In 2023, she initiated a sexual abuse civil claim for damages against her brother, citing assault and sexual abuse.

In a pretrial application to the High Court, the man requested that the court strike out the case, arguing that the significant delay of over 40 years between the alleged incidents and the initiation of the civil action posed a risk of an unfair trial. He contended that the deaths of their parents and other potential witnesses, along with the unavailability of relevant work and medical records, would severely hinder his ability to mount a proper defence.

However, the woman’s legal team argued that there was no undue delay, presenting evidence from a consultant psychiatrist who supported the claim that the woman’s ability to report the abuse was impaired due to the trauma she suffered, and that she was only able to make a formal complaint in 2019.

In his judgment, Mr. Justice Anthony Barr of the High Court noted that the woman’s legal team relied on a recent Court of Appeal decision, which introduced a significant shift in the approach to cases like this. The judgment emphasised that when a plaintiff can present medical evidence showing that the trauma caused by sexual abuse prevented them from reporting the abuse promptly, the delay period would not be counted in applications to dismiss cases on grounds of lapse of time.

Mr. Justice Barr explained that because the woman had alleged abuse by three individuals in close succession, it was difficult to attribute her delay in filing the sexual abuse civil claim solely to her brother’s alleged actions. As a result, he found no evidence of delay caused by the brother’s actions that could be deemed culpable. Additionally, with medical evidence supporting the woman’s impaired ability to report the abuse, the judge concluded that there was no fault on her part for the delay.

The court then considered whether the delay had caused a real risk of an unfair trial. Mr. Justice Barr determined that while the deaths of family members who might have provided evidence were unfortunate, it did not significantly affect the fairness of the trial. He pointed out that another family member could potentially provide critical evidence, and the man could request access to the woman’s medical and counselling records.

In the end, the judge ruled that the man had not demonstrated that he could not receive a fair trial and dismissed his application to have the case struck out.