A sexual abuse claim allows a person who has experienced sexual abuse to seek compensation for the harm they have suffered through the civil courts.
It is separate from any criminal investigation or prosecution and focuses on the impact the abuse has had on the survivor’s life.
A claim may be brought against the individual responsible and, in many cases, against an institution or organisation that failed to protect the survivor from abuse.
Time limits apply, but Irish law recognises that the psychological effects of abuse can delay a survivor’s ability to come forward.
Every case is different, and legal advice should be sought as early as possible.
Coleman Legal LLP advises survivors of abuse on their legal options through a confidential, compassionate, and supportive process.
What is a sexual abuse claim?
A sexual abuse claim is a civil claim for compensation. It is separate from the criminal justice system.
A criminal prosecution is brought by the State and may result in the offender’s conviction and sentencing.
A civil claim is brought by the survivor and seeks financial compensation for the harm and loss caused by the abuse.
The two processes are entirely independent.
A civil sexual abuse claim may be pursued whether or not the abuse has been reported to An Garda Síochána, and whether or not criminal proceedings have been commenced or resulted in a conviction.
The standard of proof also differs.
Criminal proceedings must be proved beyond a reasonable doubt, whereas a civil claim is decided on the balance of probabilities.
Who can a sexual abuse claim be brought against?
Depending on the circumstances, a sexual abuse claim may be brought against one or more parties, including:
- The individual responsible for the abuse.
- An institution, employer, or organisation that failed to take reasonable steps to protect those in its care, including schools, residential settings, sports organisations, healthcare providers, religious institutions, or youth organisations.
- In certain circumstances, a State body can establish safeguarding failures.
- In some cases, the estate of a deceased abuser is subject to the applicable legal time limits.
How does a sexual abuse claim work in Ireland?
Every case is different, but a sexual abuse claim generally follows these stages:
- An initial confidential consultation to discuss your circumstances and explain your legal options.
- Gathering the relevant records, which may include medical records, counselling records, institutional records, and any records held by An Garda Síochána where appropriate.
- Obtaining independent psychiatric or psychological evidence to assess the impact of the abuse.
- Issuing legal proceedings in the appropriate court where necessary.
- Exchanging legal documents between the parties and exploring the possibility of resolving the claim through negotiation or mediation.
- If the claim cannot be resolved, the court will hear the case and determine liability and compensation.
The time required to resolve a claim depends on its complexity, the available evidence, and whether liability is disputed.
Your solicitor will guide you through each stage of the process and keep you informed throughout.
Time limits for sexual abuse claims
The time limits for sexual abuse claims in Ireland depend on the type of claim and the circumstances of the survivor.
Generally:
- Claims against an individual are subject to a six-year limitation period.
- Claims against an institution are generally subject to a two-year limitation period, although different rules may apply depending on the circumstances.
- Irish law recognises that the psychological effects of abuse may delay a survivor’s ability to bring a claim, and this may affect the applicable limitation period.
- Different limitation rules apply where the survivor was under the age of 18 at the time of the abuse.
Time limits can be complex and should always be assessed based on the individual circumstances of each case.
We recommend seeking legal advice as soon as possible.
What compensation can a sexual abuse claim cover?
Compensation is intended to reflect the harm suffered by the survivor and is generally divided into two categories.
General damages compensate for the pain, suffering, psychological injury, and the overall impact the abuse has had on the survivor’s quality of life.
Special damages compensate for financial losses arising from the abuse, including:
- Counselling and therapy costs.
- Psychiatric or psychological treatment.
- Medical expenses.
- Loss of earnings.
- Future loss of earnings.
- Care and rehabilitation costs.
- Other reasonable out-of-pocket expenses.
The amount of compensation depends on the individual circumstances of each case, including the nature of the abuse, the psychological impact, and the financial losses suffered.
In accordance with Irish law, solicitors’ fees cannot be calculated as a percentage of the compensation awarded in a personal injury or sexual abuse claim.
Confidentiality and anonymity
Many survivors understandably have concerns about privacy when considering a legal claim.
All discussions with Coleman Legal LLP are treated in the strictest confidence, and every claim is handled with sensitivity, respect, and discretion.
Where appropriate, applications may be made to the court to protect a claimant’s identity.
Our solicitors will advise you on the privacy protections that may be available in your particular case.
Frequently Asked Questions
Q: Do I have to report the abuse to An Garda Síochána to make a sexual abuse claim?
A: No. A civil sexual abuse claim is separate from the criminal justice system, and you do not need to report the abuse to An Garda Síochána or secure a criminal conviction to bring a claim.
A criminal complaint may lead to a prosecution by the State, while a civil claim is brought by the survivor to seek compensation for the harm suffered.
The two processes are entirely independent, and you may pursue a civil claim whether or not a criminal complaint has been made.
Q: Can I make a sexual abuse claim if the person who abused me has died?
A: Yes, in certain circumstances.
A civil claim may be brought against the estate of a deceased person under the Civil Liability Act 1961.
Specific, and often shorter, time limits apply to these claims, so it is important to seek legal advice as early as possible.
A solicitor can advise whether a claim against an estate is available based on the circumstances of your case.
Q: Will I have to go to court to make a sexual abuse claim?
A: Not necessarily. Many civil sexual abuse claims are resolved through negotiation or mediation without the need for a full court hearing, although this cannot be guaranteed.
If a claim is settled by agreement, you may not have to give evidence in court.
Where a claim is disputed and proceeds to a hearing, the court will determine the outcome.
Your solicitor will explain what to expect based on the circumstances of your case.
Q: Can I make a sexual abuse claim anonymously in Ireland?
A: The identity of a person who has experienced sexual abuse is generally protected within the criminal justice process.
In civil proceedings, applications may be made to the court to protect a claimant’s identity, and reporting restrictions may also apply.
The protections available depend on the circumstances of each case, and your solicitor can advise on the steps that may be taken to safeguard your privacy.
Q: What evidence is needed to support a sexual abuse claim?
A: A sexual abuse claim is generally supported by independent psychiatric or psychological evidence outlining the nature and extent of the harm suffered, together with relevant records.
These may include medical records, counselling records, records held by the institution involved, and any records held by An Garda Síochána where a complaint has been made.
The evidence required will depend on the circumstances of your case, and your solicitor will identify the documentation and expert evidence needed to support your claim.
