Mother calls for end of time limits for child abuse prosecutions

Martin Shipton

A mother whose son was subjected to historic physical abuse by his father when he was eight years old is campaigning for a change in the law that would enable the abuser to be prosecuted.

As the law stands, assaults that would be prosecuted in a magistrates court have to be pursued within six months.

The mother, from Bridgend, who cannot be named for legal reasons, contacted her MP Chris Elmore, asking him to see what he could do to change the law.

In a letter to Justice Minister Catherine Atkinson, Mr Elmore wrote: ”I have been in continued contact with a constituent of mine, whose son has been a victim of historical physical child abuse.

“When he was eight years old, he had disclosed part of this abuse to appropriate adults and had a formal statement taken by the police. However, like many victims, not everything was disclosed straight away.

“My constituent’s family have now been faced with the situation that due to time limitations on certain cases, there may be little or no further legal action that can be taken.

“The impact of this abuse on my constituent’s son’s life has been profound, particularly in his education, where he has struggled due to the lasting effects of the trauma. His family believe that the law, as it currently stands, does not reflect the psychological reality of trauma and delayed disclosure, and would like to see the abolition of any time limits on prosecuting historical child abuse cases.

“Given the context of the above issue, I would be grateful if the Ministry of Justice could outline its position on the complete removal of time limitations on the investigation and prosecution of child abuse cases, and what steps the Ministry is taking to ensure that victims are given a fair opportunity to seek justice, no matter how long it may take for them to come forward.”

‘Lasting impact’

In her response, Ms Atkinson wrote: “I was very sorry to read that your constituent’s son has been a victim of historic physical child abuse, and about the impact this has had on their son and his family. It is important that victims and their families feel able to come forward and share their experiences, and I am grateful to your constituent for raising these issues.

“I recognise the profound and lasting impact that abuse can have, including where individuals may not feel able to share the full extent of their experiences at the time, and my thoughts are with them.

“I hope you and your constituent will appreciate that Ministers are unable to comment on individual cases. However, I can set out the legal framework which I hope will be helpful. In England and Wales, there is no time limit for prosecuting the vast majority of serious child abuse offences, including those tried in the Crown Court.

“This includes serious offences involving physical abuse. Allegations can therefore be investigated and prosecuted regardless of how much time has passed, provided there is sufficient evidence to meet the Crown Prosecution Service’s test for prosecution. This reflects a long-standing principle that serious offending should not go unaddressed solely due to the passage of time.

“By contrast, offences which are triable only in the magistrates’ courts are generally subject to a six-month time limit under section 127 of the Magistrates’ Courts Act 1980. This reflects the principle that less serious matters should be dealt with promptly.

“I recognise that, in some cases, individuals may disclose some abuse at the time but only feel able to share the full extent of their experiences later. Where additional details emerge after an initial disclosure, it may not always be possible to pursue further action in relation to certain offences where statutory time limits apply. This can feel particularly challenging for victims and their families.

Legal framework

“The legal framework seeks to provide a clear and consistent approach across different types of offences, while ensuring that the most serious offending can always be prosecuted. This means that, although serious offences are not subject to time limits, Parliament has maintained time limits for less serious offences, even where this can produce difficult outcomes in individual cases.

“For completeness, there are limited and historical exceptions under previous legislation where certain sexual offences were subject to time restrictions. In some instances, this reflected how offences were defined and categorised in earlier legislation at the time. These provisions no longer apply to offences committed today, and the legal framework now ensures that serious offending is not subject to statutory time limits.

“The Government’s position is that serious child abuse offences should be capable of being prosecuted regardless of the passage of time, and the current framework largely reflects that approach. We remain committed to ensuring that victims are supported to come forward and to improving the criminal justice system’s response to cases involving delayed or partial disclosure.

“While there are no current plans to change the legislation in this area, we continue to keep the operation of the framework under careful consideration to ensure it remains fair and effective.”