The first week in February is Sexual Abuse & Sexual Violence Awareness Week. This represents an important opportunity to raise awareness of issues that too many people face but is spoken about too little.
As a personal injury solicitor who acts for survivors of historic abuse, my view is that greater awareness makes it easier for survivors to talk about what they have been through. Not everyone wants to talk about their experiences; but those that do deserve support and a platform. Recent developments in the Scottish legal system have made important steps towards that.
A solicitor is rarely the first person a survivor of abuse will speak to about their experiences. Usually, they have spoken to their doctor or other health professionals. They might have confided in friends or family. They might be in touch with a community of people with similar experiences. Some have spoken to the Scottish Child Abuse Inquiry. Often, a solicitor is the last person they speak to.
Even when I am instructed to pursue a claim for compensation, finances are rarely the clients’ top priority. Many just want an acknowledgment of what happened to them. They often want the school, council or club to apologise, to accept that they are telling the truth and that they were not looked after.
Another key focus is to affect change to ensure what happened to them does not happen again. I am amazed at the bravery of survivors that talk publicly about what they have been through to campaign for greater change and to support others. Even more so by those who return to the scenes of their abuse to meet staff and satisfy themselves that change has made it safer for children.
The Scottish Child Abuse Inquiry was established in 2015 to investigate the abuse of children in care in Scotland. Once complete, the Inquiry will publish a report with recommendations for the Scottish Government and Parliament. The Inquiry has been taking evidence from schools, councils, religious organisations, charities and other organisations about allegations of abuse.
Most importantly, survivors have been providing evidence of their experiences. The Inquiry has grown and lasted longer than anticipated. That is in part due to the number of people coming forward but there is no doubt it has provided a platform for survivors and made it easier for them to speak of their experiences. Time will tell what recommendations and changes come out of the process.
For now, compensation can help people deal with issues they have faced. While no amount of money can change what happened, funding for specialist treatment can help recovery from psychological injuries.
Introduction of legislation in 2017, essentially, removed the usual three-year time legal limit for survivors of abuse to bring civil claims against abusers and responsible organisations in Scotland. Such claims are not straight forward, and it can be argued that a fair hearing is not possible due to prejudice to those attempting to defend such claims. However, recent judgments have shown that time itself need not be an obstacle. Cases have succeeded at court decades after events, and even when an abuser has since died. One client, who was abused in a boarding school setting in 1990, secured a substantial settlement more than 30 years on.
At the end of 2021, Scotland’s Redress Scheme was opened for applications. The Redress Scheme was set up as an alternative to making a traditional civil claim. A basic successful application will result in a one-off payment of £10,000. Alternatively, an individual has the option to apply for a higher, individually assessed, payment up to £100,000. The scheme is only open to survivors of abuse that took place in care. Those abused in schools or clubs generally are not eligible. When accepting an award, a person must waive their right to a claim against the organisation directly. Since opening, the scheme has also faced criticism of delay and difficulty. Whilst these matters do limit the scope of the scheme and compensation recoverable, it is a valuable option for many people. It is simpler than a traditional claim and less demanding of applicants.
These developments show that, if survivors wish to speak about their experiences, whether a as part of a claim, campaign or Inquiry, they will be listened to. And they should be listened to.
Published in the Scottish Sun 6 February 2023.
