The state of progress in legal responses to child sexual abuse claims: Evidence from a systematic review of 71 civil statutes of limitation across Canada, the USA and Australia

OBJECTIVES Laws play a crucial role in setting social norms about child sexual abuse, providing survivors with justice and health rehabilitation, and encouraging religious, educational and other institutions to prevent sexual... [ view full abstract ]

OBJECTIVES
Laws play a crucial role in setting social norms about child sexual abuse, providing survivors with justice and health rehabilitation, and encouraging religious, educational and other institutions to prevent sexual abuse and respond appropriately in its aftermath. Much progress has been made in legislative and institutional responses to sexual abuse. Yet, statutes of limitation have impeded ethical practice, by setting a time limit on when a survivor of sexual abuse must commence a legal action.

Defendants have exploited these statutes to evade accountability and block survivors from accessing courts. Survivors’ capacity to promptly start a claim is compromised by the consequences of their experience of sexual abuse, including post-traumatic stress disorder and depression. However, some jurisdictions have demonstrated a new ethic in legislative norm-changing, recognising the scientific and moral reasons to remove legal barriers for this special category of cases. This study explores progress in reform of statutes of limitation across the USA, Canada and Australia.

METHOD
A systematic review of legislation in all 71 jurisdictions of the USA, Canada and Australia analysed the nature of the time limit on commencing civil claims for child sexual abuse.

RESULTS
Jurisdictions have vastly different approaches ranging from no limitation period to extremely restrictive time limits. Canada has the most progressive framework with most jurisdictions having abolished time limits. In America, some jurisdictions have removed the limitation period and some have adopted innovative short-term strategies allowing claims, but most states retain restrictive time limits. In Australia, the state of Victoria recently removed the time limit, but the general situation is far behind Canada’s.

CONCLUSIONS
Major breakthroughs have occurred but much progress remains to be made. Legal reform can provide survivors with remedies, and can encourage institutions to improve their environments and behave ethically. Suggestions are proposed for further legal and ethical reform.