Making the decision to speak out about child sexual abuse in 2025

As the year draws to a close and we gather with friends and family to celebrate the festive season, Christmas offers a unique opportunity for reflection. It is a time when many look back on years gone by and set our intentions for the year to come. For many, this period of reflection can also bring to light past traumas and unresolved issues, such as the pain of child sexual abuse.

Whilst Christmas is seen as a happy time, for survivors of child abuse, it can also be a reminder of past hurts. The holiday season, with its emphasis on family and childhood memories, can bring unresolved emotions to the surface. It is important to acknowledge these feelings and use this time to consider the steps needed to heal and seek justice. Whether it involves reaching out for professional support, confiding in a trusted friend, or seeking legal advice, each step is a move towards reclaiming one’s voice and power.

This year like others has seen many people speaking about abuse they have suffered at the hands of well known celebrities and household names. It seems that these media reports encourage others to come forward as they realise they are not the only ones, and it is never too late to speak out. On a less positive note, October 2024 marked two years since the Independent Inquiry into Child Sexual Assaults final report was published. It is beyond disappointing that, not one recommendation has been implemented. It is hoped that continued campaigning will bring about change in 2025. 

There can be no doubt that speaking out for the first time takes great courage and it can be difficult to know where to start. Here are 5 things which might offer you assistance and encouragement if you are considering taking this step in 2025:

1. Speaking out for the first time – who to tell

There are many reasons that prevents victims of sexual abuse from speaking out which include guilt, shame, a fear of not being believed, a fear of reprisal or not wanting to upset family members. Whatever your own particular reason It is important to understand that is it not your fault and to seek appropriate support. Having made the decision to disclose your abuse you should choose a person who you feel comfortable telling. This may be a family member, friend, doctor or a specialist charity such as The Survivors Trust, NAPAC , NSPCC or the police.

Whether you decide to report to the police is your decision although it is to be encouraged. It may be that your complaints to the police encourages others to come forward and or stops others from being abused. It is understandable that you may be concerned that your complaints will not be taken seriously or that nothing can be done if the abuse occurred many years ago. You should be reassured that any complaints you make to the police will be taken seriously and you will be treated with respect and sensitivity.

Police forces have a specialist team who are trained in this area and will not be shocked at what you have to tell them. An ISVA (Independent Sexual Violence Advisor) can be appointed to support you through the criminal process. If you decide to pursue a civil claim for compensation (although this may not be at the forefront of your mind at this time) a conviction (particularly where the abuse is non-recent) puts you in the strongest position possible. 

2. Time limits for bringing a civil compensation claim

The basic rule in English law is that a legal claim must be brought by a person’s 21st birthday. An adult who is harmed must bring their claim within three years from the date of the abuse or injury. This legal principle is known as ‘limitation’. This is particularly difficult and unfair to those who have suffered abuse as a child, due to the effect of childhood sexual abuse causing a person to be inhibited from talking about their abuse until they are well into adulthood.

Judges do have discretion to allow a claim to go forward if brought at a later time, but the court must consider the injured person’s reasons for not coming forward sooner, the length of the delay and whether or not a fair trial is possible. This is particularly difficult in cases where the abuser is dead, and where there have been no successful criminal proceedings against the abuser although not impossible. This is the reason who a conviction is important in sexual abuse compensation claims.

The time limit problem is usually the biggest hurdle to overcome when bringing a civil compensation claim. The law is continuously changing and developing in this area and therefore it is essential that you seek the advice of a lawyer who is experienced and skilled in this area of law.

3. The option of a civil compensation claim

The nature of abuse is that it often remains suppressed for many years. Victims of abuse are often silenced by threats from their abuser, or by the guilt and shame associated with what happened. The civil process is a way of 'speaking out'. Many people who embrace the civil process see it as a form of catharsis, and an important step in their recovery. Pursuing a civil compensation claim is about making the transition from 'victim' to 'survivor'. It can be about taking control of the effects of abuse and over the abuser, which may be empowering.

Successful sexual abuse claims result in the award of compensation.  While this can never put back the clock, it is an important validation that you have been wronged and can be seen as formal recognition for what has happened. Payment of compensation can be seen as a form of an admission of guilt. Compensation can be used for expensive counselling treatment for the abuse, not readily available on the NHS. Compensation claims can also be preventive. Civil claims against organisations such as schools and churches can lead to greater vigilance and improved social work standards and practices. Ultimately your claim could lead to better safeguarding and protection of children today and in the future. Alongside seeking proper compensation for you, your lawyer will make every effort to secure an apology if you want one. 

4. Who can you claim compensation from

You can bring a legal action against the person who abused you personally, or their employer or the organisation for which they were working at the time. The choice of ‘defendant’ in your case will be determined by a number of factors which your lawyer can fully advise you on.

You can pursue a claim for compensation against the perpetrator of the abuse, whether it be a family member or friend, as an individual. It will be essential to first establish whether they have any assets eg a property with substantial equity in it, before deciding whether to take action against them. Often an individual will not have the assets to be able to sufficiently compensate you for the suffering they have caused you, and therefore a claim against them in their individual capacity may be difficult. Depending on the evidence, if they have recently died it is possible that their estate can be pursued instead. 

It may be possible to bring a legal claim against the perpetrator’s employers at the time of the abuse, even if the perpetrator is not working for them anymore. The perpetrator’s employers can only be held accountable for the employee’s abuse if their actions were closely connected to the duties of their employment. The definition of ‘employee’ is wide and includes volunteers, so long as it can be said that the volunteer is carrying out the purpose of their employer’s enterprise. Most employers and organisations have insurance which means that if you are successful, compensation will be paid by their insurance company.

Whichever route you go down, whether a criminal investigation ensues, or whether you pursue a civil compensation claim (or both occurs), it is strongly recommended that you have in place appropriate emotional support. This support can be in the form of professional support or from friends and family.

Disclosing childhood sexual abuse, which might have been “filed away” for decades, can be traumatic. The more information you can find out about the process of disclosure and what it might mean for you, the better equipped you will be. Our E-book found here may assist you. With appropriate support, you may find the process easier, and in the long run, you may be glad you decided to speak out.

Taking action

• Seek support: Consider reaching out to support groups or mental health professionals who specialise in trauma and abuse recovery. They can provide a safe space to process emotions and plan the next steps.
• Legal advice: If you are ready, consult with a legal professional to understand your rights and the options available to you. Justice can take many forms, and understanding the legal landscape is a crucial step.
• Raise awareness: Use your voice to raise awareness about child abuse. Whether through social media, community events, or personal conversations, every effort helps to break the stigma and silence.

Conclusion

The new year is a time for new beginnings. By resolving to address the impact of child abuse, we not only embark on a path of personal healing but also contribute to a broader societal change. Let this year be the one where silence is broken, and justice is pursued.

Over the past fifteen years Emmott Snell Solicitors have had the privilege of speaking to and representing hundreds of survivors of historic childhood sexual abuse many of whom have received compensation.

If you are ready to take that step this year we are ready to hear from you.

Wishing all our clients past, present and future and our associates best wishes for the New Year.