Legal loophole leaves survivors unprotected

The case involves "Lucy" (a pseudonym), who was groomed and sexually abused by a man 22 years her senior when she was between the ages of 13 and 15, from 1986 to 1989. Despite the man admitting to the unlawful sexual activity, the police informed Lucy that they could not prosecute him due to a time limit imposed by Section 6 of the Sexual Offences Act 1956. This section, which governed sexual abuse laws between 1956 and 2004, required victims aged 13 to 16 to report the offence within 12 months, or the case would be time-barred.

Lucy, who only came forward in 2023 after her parents' deaths, found herself unable to seek justice under UK law because of this outdated legal provision. Although the Sexual Offences Act 2003 replaced the 1956 law and removed the time limit, it does not apply retroactively, leaving Lucy and many others without legal recourse.

Represented by Leigh Day's human rights team, Lucy's case is now being taken to the ECHR. The legal team, led by partner Tessa Gregory, argues that the 12-month time limit violates Lucy's human rights under the European Convention on Human Rights. Specifically, they claim breaches of Article 3 (protection from inhumane treatment), Article 8 (right to a private life), and Article 14 (protection from discrimination). The case emphasises the state's responsibility to enact laws that effectively punish sexual abuse and protect victims, particularly children, who often face significant barriers in reporting such crimes.

Gregory stated, "Our client has been forced to take her case to the European Court of Human Rights because she cannot get any justice in the UK courts for the serious sexual abuse she suffered as a child."

Dino Nocivelli, another Leigh Day partner who has represented women affected by this legal gap, highlighted the broader implications: "This law punishes female survivors for not being able to disclose their abuse earlier... while the alleged abusers escape justice due to a legal technicality."

The challenge aims to close this loophole and ensure that survivors of historic sexual abuse, who often take years to come forward, are given a fair chance at justice. The case has significant implications for many others who have been similarly affected and could pave the way for changes in the law to better protect victims of sexual abuse.

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