A case in which we represented a victim of abuse in a compensation claim, which later proceeded to the criminal trial of their abuser illustrates the valuable and important role a Registered Intermediary can have in the justice process.
Tracey Emmott
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As the virtual world becomes increasingly part of everyday life, it is no surprise that there are people who are exploiting it to commit crimes, causing deep anguish and distress.
Last month, movie mogul Harvey Weinstein finally handed himself in to the New York authorities, charged with rape and several other counts of sexual abuse. He is the subject of multiple complaints by dozens of women ranging from rape to sexual harassment over many years.
Here at Emmott Snell, we've observed first-hand what a challenge it can be to express oneself and carry the weight of an emotional burden. While we learn to develop a professional resilience, it can be frustrating to see a client so close to legal justice, yet so far from battling their emotional demons.
Sexual abuse in childhood by a person in authority is the ultimate betrayal.
Often that person represents an institution and may be a religious leader such as a priest or imam, a teacher, a Scout leader or a sports coach.
Where the abuser is acting in two capacities at the same time, a civil compensation claim may be directed against two organisations.
It is common knowledge that the English legal system is not overly sympathetic to adults seeking justice for childhood sexual abuse in the civil courts. The law in England and Wales is such that time to bring a civil compensation claim expires on the 21st birthday of anyone who was sexually abused as a child.
The Church of England is currently suffering the discomfort of a public spotlight of IICSA – the largest public inquiry ever undertaken in the UK. The C of E is not alone in its scrutiny, the Roman Catholic Church having already been the subject of IICSA, together with several other institutions including local authority children’s homes.
The concept of sending one’s child away to a school where they also live is thought to be something quintessentially British.
In view of the upcoming public hearings of Child Abuse in the Anglican Church before the Independent Inquiry into Child Sexual Abuse, the recently settled case of abuse victim, ‘ARJ’, a civil compensation claim in respect of abuse of a child by a vicar in a London Diocese is topical.
In 2013, the Australian government set up a formal inquiry into how institutions had responded to child abuse. Terms of reference were established and 6 Commissioners were appointed chaired by the Honourable Justice Peter McClellan. Their brief was to enquire into institutional responses to allegations and incidents of child sexual abuse and related matters.
