A legal loophole is stopping survivors of abuse from getting justice

by Lucy* (name changed to protect my identity)

A legal loophole is stopping survivors of abuse from getting justice

by Lucy* (name changed to protect my identity)
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A legal loophole means that I can’t bring charges against the man who groomed and sexually abused me when I was a child. I am bringing my case to the European Court of Human Rights to seek justice for me and for other women in my situation. 

My story

In the 1980s, when I was aged between 13 and 15 years old, I was groomed and sexually abused by a man 22 years my senior. When I was 15, I became pregnant as a result of the abuse, and had to terminate the pregnancy. The entire experience was very traumatic and has had a serious effect on my mental health throughout my life.

It took me a long time to come to terms with what had happened to me and to feel like I could tell someone. So, I didn’t report the abuse at the time it happened. In 2023, though, following the death of my parents, I finally felt brave enough to report it to Devon and Cornwall Police. The police investigated the abuse and my abuser admitted to the police that he had unlawful sex with me a number of times when I was aged 14 and 15.

 I was then devasted when the police told me that they couldn’t prosecute my abuser. Devon and Cornwall Police told me that the offence had happened too long ago and there was a specific section in the law that stopped them from prosecuting my abuser now, even though he had admitted what he had done to me. They told me: “this is not saying that an offence has not happened, it is just so long ago there is no longer a law in place that we can prosecute it under”. 

The issue is caused by section 6 of the Sexual Offences Act 1956, which says that girls who are sexually abused when they are aged between 13 and 16 years old have to report the abuse within a maximum of 12 months. If they report it more than 12 months after it happened, their abusers can’t be prosecuted because of the time limit.

The Sexual Offences Act 1956 applies to sexual abuse that happened between 1956 and 2004. That law has now been updated and replaced by the Sexual Offences Act 2003. The new law doesn’t have the same time limits for reporting abuse, but it does not apply to abuse that happened before 2004, and so doesn’t cover the abuse I suffered. 

I asked the police to review their decision not to prosecute my abuser, especially as he had admitted to the crime, but the police upheld their decision not to prosecute him because of the time limit under section 6 of the 1956 law. 

As a result, under the current legal rules, my abuser will never face justice for what he did to me when I was a child.

Just like many other survivors, I only felt able to report the abuse a long time after it happened, as for many years I was too afraid of what might happen to me and my family if I did report it. The Independent Inquiry into Childhood Sexual Abuse (IICSA) and other research has suggested that it takes survivors on average about 30 years to disclose abuse. It feels extremely unfair that if abuse isn’t reported within 12 months, survivors are essentially blamed for not reporting the abuse sooner, and their abusers are able to escape any form of justice due to a legal loophole.

My case

I’m therefore making an application to the European Court of Human Rights because I believe that section 6 of the 1956 Act breaches my rights under Article 3  (right to be free from cruel, inhumane, and degrading treatment) and Article 8 (right to a private life). In addition, I believe this breach of my rights is discriminatory, as it’s only females of a certain age who are affected, in violation of my rights under Article 14 (right to be free from discrimination).    

I believe that the same legal loophole which has prevented me from obtaining justice is likely to affect many other female victims of historic sexual abuse. As in my own case, the time limit for reporting abuse means that many perpetrators of serious sexual offences against children are likely to walk free. 

I want it to be recognised that the requirement to report an offence within 12 months breaches my human rights (and of other survivors in my situation). Every survivor deserves justice and closure.

The Guardian recently reported on my case, which you can read here. My law firm, Leigh Day have also written a piece on the issue here.

How you can help

Unfortunately, I don’t have the financial resources on my own to continue with my application to the European Court of Human Rights. This is why I need your help. If I don’t obtain financial support, I may be forced to abandon my application, and will never be able to obtain justice or closure.

I am therefore looking to raise £15,000 to fund my legal fees and pay my legal team. This money will allow me to progress with my application. If I reach this target, I will be able to continue to challenge the legal loophole through which my abuser has been able to escape justice.

£15,000 is a huge target and will greatly aid me with continuing my application. Anything at all you can give will be incredibly appreciated!

Thank you so much for reading, and for any help you can give with either sharing the CrowdJustice link and/or making a donation.

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