Victims of physical as well as sexual child abuse should be able to benefit from the Statute of Limitations (Amendment) Bill, according to the Irish branch of SOCA (Survivors of Child Abuse).
The Bill is intended to exempt the victims of child sex abuse from the existing obligation to seek legal redress for injury suffered within three years, or of reaching 18.
As most child-abuse victims suffered the abuse well below 18, this means they should take action when they reach 21.
However, experts agree that it can take decades for a victim to come to terms with the effects of child sexual abuse, and that a person who suffered it would be unlikely to be capable of taking legal action within the time laid down under the statute of limitations.
Based on this consensus, and in response to reports of extensive abuse within institutions, pressure built up for legislative change. The Labour Party's spokeswoman on justice, Ms Jan O'Sullivan, introduced a Private Member's Bill which received broad support from the Minister for Justice. He is proposing the present amendment Bill.
Arguing that this Bill should include the victims of physical abuse, a SOCA statement says "the two are so closely and directly related as to make it impossible to differentiate between them".
It says the adverse psychological effects of physical violence on children include emotional and behavioural disturbances, somatic disturbances, concentration, school difficulties and health problems. It adds that many children fail to report this abuse for reasons similar to the non-reporting of sexual abuse, "fear, apprehension, lack of knowledge and shame".
SOCA says the Taoiseach announced the Government intention to legislate on the Statute of Limitations in the course of an apology to children abused while in the care of institutions. This followed the States of Fear programme which described this abuse.
However, according to SOCA, many victims will be unable to benefit from the proposed legislation. Those who have reported the abuse and sought legal redress have been told that they could not take civil legal action because of the statute of limitations. This was the defence mounted by the North Western Health Board in the McColgan case, which was eventually settled out of court.
Under this amendment, SOCA states, "once a person is able to make a reasoned decision to bring an action, the three-year limitation period begins to run" and anyone who took legal advice more than three years ago, and was told his case was statute barred, "will remain under this Act statute barred".