Take a first step with an abuse compensation claim
The first step is often the most challenging, but it can also lead to the most positive outcomes. Coleman Legal LLP specialises in the area of sexual abuse law, acting on behalf of those who have been sexually abused and who seek monetary compensation for the pain and suffering inflicted upon them as a result of the abuse.
Financial compensation is obtained through civil proceedings, which are a separate process from criminal proceedings handled by the Director of Public Prosecutions and An Garda Síochána.
Why Coleman Legal LLP?
This firm acts on behalf of victims who wish to take civil proceedings against the perpetrator of abuse to obtain compensation from a Court for personal injuries, loss, and damage suffered as a result of the wrongful assault, sexual assault, battery, and trespass, as well as a breach of their constitutional right to bodily integrity.
- We act on behalf of people who have been raped (vaginally, anally, orally, digitally), molested, sexually harassed (in the workplace or elsewhere), or forced to engage in and perform sexual acts against their will.
- We act on behalf of both adults and children who are victims and survivors of sexual abuse or sexual assault, as well as those who were sexually abused as children but are now adults seeking to vindicate their rights following abuse perpetrated upon them as a minor.
Types of sexual abuse and sexual assault cases we deal with
Sexual abuse and sexual assault can occur in many different circumstances and at different stages of a person’s life. Each case is unique, and the effects can vary widely depending on the individual and the context in which the abuse occurred.
- As Sexual Assault Solicitors, we act in a range of cases involving sexual abuse and sexual assault, including those concerning:
- Sexual assault by an individual who was not previously known to the person affected.
- Sexual abuse by someone known to the individual, particularly where that person held a position of power, authority, or control.
- Sexual abuse experienced during childhood, including abuse by family members, foster parents, or others acting in a parental or caregiving role (in loco parentis).
- Sexual assault or sexual abuse occurring in a workplace setting.
- Sexual abuse suffered as a minor while attending school or while participating in youth groups or similar organisations.
- Sexual abuse of minors by members of religious orders or within religious contexts.
- Sexual abuse experienced while living in residential or institutional care.
Each case involving sexual abuse and sexual assault is assessed on its own facts, taking account of the nature of the abuse, the circumstances in which it occurred, and the impact it has had on the individual.
Common settings in which sexual abuse and sexual assault may occur
Sexual abuse and sexual assault often involve a breach of trust and may occur in environments where individuals are expected to be protected or cared for. Based on the types of cases we handle, abuse may arise in settings such as:
- Schools, including primary and secondary schools, where abuse may involve staff members or others in positions of responsibility.
- Care homes, where individuals may have experienced abuse while residing in facilities responsible for their day-to-day care and supervision.
- Children’s care homes and foster care settings, where responsibility for a child’s welfare rests with carers or supervising authorities.
- Religious settings, where abuse may involve members of religious orders or individuals holding positions of spiritual authority.
Cases involving sexual abuse and sexual assault in these settings can be particularly complex, as they may involve issues of institutional responsibility in addition to the actions of individuals.
If your experience is not listed
Not every experience of sexual abuse and sexual assault fits neatly into a defined category or setting. The examples above are not exhaustive, and individuals may still seek legal advice even where their circumstances differ.
Each matter is considered individually, with care taken to understand the specific details and context involved.
Civil process stages & statute of limitation
The person bringing a case against another for sexual assault is called the Plaintiff.
The defendant is the individual (or company, institution) against whom a case is brought. In a civil case for sexual assault, the Court must be satisfied that on the balance of probabilities, the sexual abuse occurred.
The Statute of Limitations applicable to civil assault cases is six years from the date of the assault. Legal proceedings must be issued within six years of the assault.
Otherwise, the case is considered to be statute-barred. However, where an employee, school, association, or other institution is being sued due to the fact that their negligence permitted the abuse, the time limit is two years from the date of the assault.
Exceptions
There are certain exceptions to this rule, such as for those victims who were abused while children, those suffering from a psychological injury that prevented reporting of the abuse, or where the injury caused by the abuse does not manifest itself for a period of time, or a person does not know that they have suffered a significant injury.
In such circumstances, proceedings must be issued within 2 years from the date on which they were considered capable of bringing an action. This is a matter of psychiatric opinion.
The claim process
1. Assessing the availability of compensation
- As the remedy available in civil proceedings is monetary compensation, it is necessary to first establish whether the perpetrator of the abuse has sufficient assets to enable recovery of compensation, should the Court find in favour of the plaintiff.
2. Gathering medical and evidential records
- In cases of this nature, all relevant medical records are obtained.
- Evidence of the abuse is also gathered, including evidence of the effects the abuse has had on the individual who has been sexually abused.
3. Obtaining psychiatric evidence
- Psychiatric evidence is procured to assess any psychological or psychiatric injuries suffered as a result of the abuse.
4. Issuing a formal letter of allegations
- Once all necessary evidence has been gathered, including any statements or documentation held by An Garda Síochána (where applicable), a letter is issued.
- This letter sets out the allegations and the reliefs sought from the perpetrator and/or the associated company or institution.
5. Application to the Injuries Board
- Where no meaningful response is received from the perpetrator and/or associated company or institution, an application is submitted to the Injuries Board.
- This application seeks Authorisation to issue proceedings in Court.
6. Court proceedings
- Sexual abuse cases are usually heard in the High Court.
- Cases may be heard by:
- A Judge and Jury, or
- A Judge sitting alone.
7. Timeframe and hearing
- From the time proceedings are issued, it can often take more than three years for a case to reach a hearing before the Court.
- During this process:
- The plaintiff is required to give evidence.
- The Court will also hear the Defendant’s evidence.
8. Settlement outside of Court
- In some cases, depending on the circumstances, the matter may be settled outside the Court.
- In such cases, the Defendant(s) agree to pay compensation without a Judge hearing the matter.
- Where this occurs, the plaintiff is not required to give evidence in Court.
Important time frames
The Statute of Limitations provides a general time limit in which you must typically bring your claim for sexual abuse compensation to court in civil proceedings.
Generally, this limit is six years from the date of the assault in the case of adult sexual assault claims.
However, provisions were made in the Statute of Limitations several years ago to take account of a person who may not have been in a position to report an assault to the garda or pursue any action in respect of the abuse they experienced for an extended period.
These provisions were made in recognition that the nature of sexual abuse, and in particular the sexual abuse of a child, means that the victim is often unable to speak about the abuse for many years after an assault has taken place.
Despite these provisions, courts still retain the discretion to dismiss a case on the grounds of an avoidable delay if the delay prejudices the perpetrator’s rights.
Compensation claims for sexual abuse to the Criminal Injuries Compensation Tribunal will only be extended beyond three months from the date of a conviction in exceptional circumstances if, for example, psychiatric evaluations were still ongoing to establish the extent of your emotional trauma and the impact that the sexual assault will have on you for the rest of your life. Read More
Support groups
Several organisations in Ireland provide support and assistance to survivors of sexual abuse. Some of the most notable include:
These are just a few examples of the organisations that exist in Ireland to support survivors of sexual abuse.
Finding the one that best suits your needs is essential, as each organisation may have different services and a focus.
It’s also worth noting that there are many other sources of support that you can turn to, including counselling and therapy services, self-help groups, and legal services.
You may also seek support from your GP or other medical professionals. Lastly, it’s essential to understand that healing can be a long process, and each person will have their own pace and way of dealing with the trauma.
You must be patient and compassionate with yourself and prioritise self-care throughout the process.
