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We understand how difficult it is to talk about sexual or physical abuse if you have been a victim. Whatever type of abuse you have suffered, you have rights, and we can bring you through the process of having your voice heard and your rights vindicated.
For confidential assistance, please call 1800-844-104 or email [email protected]. You can also visit us at our 84 Talbot Street, Dublin 1, Ireland office.
Coleman Legal 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 achieved through civil proceedings, and it is a different process to criminal proceedings handled by the Director of Public Prosecutions and An Garda Siochana.
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, 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.
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 their negligence permitted the abuse, the time limit is two years from the date of the assault.
There are certain exceptions to this rule, such as for those victims who were abused whilst 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 two years from the date when they were considered to be capable of bringing an action. This is a matter of psychiatric opinion.
Given that the remedy available in civil proceedings is monetary compensation, it is necessary to ascertain whether the perpetrator of the abuse has sufficient assets to enable recovery of this compensation should the Court find in favour of the plaintiff. In cases of this nature, it is necessary to take up all relevant medical records and evidence of the abuse and the effects that same has had on the individual who has been sexually abused. It is also necessary to procure psychiatric evidence on any psychological or psychiatric injuries that the individual has suffered as a result of the abuse.
When the necessary evidence has been gathered, including any statements or documentation held by An Garda Siochana where applicable, a letter setting out the allegations and reliefs sought from the perpetrator and/or associated company – the institution is issued. Where no meaningful response is received from the perpetrator and/or associated company institution, an application is submitted to the Injuries Board to obtain Authorisation to issue proceedings in Court.
Cases of sexual abuse are usually issued in the High Court and can be heard by a Judge and Jury or Judge sitting alone. From the time that proceedings are issued, it can often take more than three years before the case reaches a Hearing before the Court when the plaintiff is required to give their evidence. The Court will also hear the evidence of the Defendant. In some cases, depending on the circumstances, some cases are settled outside of Court where the Defendant(s) agrees to pay compensation to the plaintiff without the need for the matter to be heard by a Judge. Where this occurs, the plaintiff is not required to give evidence in Court. We at Coleman Legal LLP fully understand that any form of abuse is highly distressing, and we deal with each case on a personal, one-to-one basis with compassion, empathy and understanding.
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 gardaí – 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
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 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.
If you are a survivor of sexual assault, physical abuse, emotional abuse, or neglect, and you wish to explore your legal rights, our team has many years of experience dealing with victims of all forms of abuse, including institutional abuse, clerical abuse, childhood sexual abuse, abuse within the family or in any other situation where the abuse occurred. Our sexual assault solicitors nationwide can help you through the entire legal process should you wish to proceed and put you in touch with various organisations that are there to help. We understand that any form of abuse is extremely distressing for the victim and their family, and we deal with each case on a personal, one-to-one basis with compassion, empathy and understanding. If you have been the victim of sexual assault or sexual abuse, please get in touch with Philip Treacy either by email or freephone us at 1800-844-104
Contacted us at
Solicitors
84 Talbot Street, Dublin 1
D01 YX60
Free Phone: (1800)844104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
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