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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice
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Hi, I was sexually abused as a teenager my teacher 40 years

Customer Question

Hi,
I was sexually abused as a teenager my teacher 40 years ago, he has now been charged with 10 counts between myself and 2 other boys (he is 96 now).
Can I claim damages from him? he lives on his own in a house owned by himself.

regards

Kevin
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this

In principle, you do have a claim that the civil courts.

However, there are some hurdles to overcome. Firstly obviously you need to prove the events. It may be to your advantage to wait for the outcome of the criminal matter because if there is a conviction the civil courts cannot go behind that.

However, the real complication is that you need to get around limitation. The Limitation Act 1980 sets down that there is to be a six-year time limits for actions. There are some actions that can be brought sooner and a very limited number later but that is the rough timeframe.

Limitation runs from the date of your 18th birthday and obviously you are out of time. You can make an application to extend time under the Limitation act and there has been some caselaw that are suggested that that can be done although it never really added much to the statutory position. You may be able to get around this but it is a hurdle to overcome.

Hope this helps. Please let me know if you need more information.