I see reported in the media and, perhaps, deliberately timed to coincide with Liberation Day what could be interpreted as attempts (?) being made to downplay the Haut de la Garenne abuse allegations. This comes as no great surprise because in my experience there are always those who out of ignorance and/or fear who refuse to accept the reality of child abuse.

A common refrain is to question why the victims did not report the abuse at the the time. This is, perhaps, the stupidest and at the same time the most of unempthatic of questions, and when put to me, I point out, in answer who exactly was the child suppose to to report to? Moreover when the questioner is asked what would they have done had they been abused he/she usually has no answer, and duly tries to change the subject.

Another line is to say that the victims should not dwell on the past, but it is all very well for the non-abused to say that. A serious wrong can never be put right simply by ignoring it, and why should a victim be deprived of justice because their raising their plight is inconvenient?

In my experience any attempt to downplay the tragedy of Haut de la Garenne will only serve to invigorate those who are now seeking justice for the abuse suffered.

Alan Collins

How do you prove sexual abuse? A very interesting question which I will try and answer from the perspective of a solicitor acting for a victim.

First of all is the victim prepared to give a full account of what happened? If not then it is going to be difficult to prove the abuse. Victims understandably are often reluctant to discuss the horror of the abuse that they suffered, and so what I try to do is to get them explain in their own time and in their own way what happened.

If the victim has already given a statement to the police we might just need to obtain a copy.

We need to know what happened to the victim so that we can advise as to whether they have a case and how it to be pursued.

Assuming that the victim is gives an account we need to evalaute their chances of success in pursuing a claim. We need to see if there is any supporting evidence, for example, witnesses or other victims.

Are there any criminal convictions which are excellent pieces of evidence?

So we are looking at being in a position of being able to prove what the victims says. The stronger the case the better the chances of success.

The victim’s evidence alone may be enough, but in deciding whether this is the case we are looking at that chance of success.

Alan Collins

To stand a chance of winning a sexual abuse case make sure that you instruct a solicitor who specialises in this type of case, because it is a very specialised area of work.

You need a specialist solicitor who will know how to guide you through the legal obstacles that are often in the way of victims trying to obtain compensation.

By all means come to us at Dyer Burdett & Co. We represent victims bringing claims who are scattered all round the world. But if you do n’t want to come to us then a good place to try and find a solicitor is be contacting ACAL (association of Child Abuse Lawyers) or APIL (Association of Personal Injury Lawyers) who maintain lists of lawyers who specialise in this area of work. We are members of both organisations.

The Pope has apologised for the abuse committed by catholic clergy. This is to be welcome, but will his words equate to action?

I can only speak from my experience acting for abuse victims seeking redress from the Catholic church, and so far they have faced an uphill struggle. I have not found a willingness to say “sorry” to victims, or an acceptance that compensation should be paid.

Alan Collins

Contrary to the “apology” every trick in the book seems to be deployed to avoid accepting responsibility for the abuse committed, and so I wait with interest to see if this tiger has changed its spots.

Sadly sexual abuse causes the victim damage. There may be exceptions, but in my experience they are few and far between.

The damage can of course be physical, and there is also of course the psychological aspect too.

A very wise judge once observed that one of the “pernicious fruits” of child abuse was silence. Victims because of the experience of abuse, no doubt terrifying, and possibly threatend, would be, perhaps, too scared to complain, and so would bottle-up what happened for years.

I have acted for victims who have not told their spouses of what happened to them in childhood. Some out of shame, others simply unable to explain what happened.

So you can see and understand how the sexual abuse causes damage affecting adult life in such profound ways.

It may be possible for a victim to seek compensation for the damage that they suffered. If you want advice about this please contact me.

I thought that the BBC’s Panorama this evening was excellent. It threw light on the very pertinent questions that need to be answered and in, particular, how could the abuse have continued for so long?

My investigations continue, and if you are prepared to speak to me please get in touch.

Alan Collins

It must be welcome news that there will be a public enquiry in to the Haut de la Garenne case. I trust though that it will be wide ranging in scope and that the victims will be given the opportunity to be heard.

I shall be visting Australia shortly to take statements from witnesses. If there is anyone else who is willing to speak or wishes to see me please get in touch so that I can make the neccessary arrangements.

Alan Collins

Victims of sex abuse have rights.

They had a right in the first place not to be abused.

It is a criminal offence to assault another person (adult or child).

It is also a civil wrong which means that the victim if he/she wishes to do so can claim compensation against their abuser.

Victims need to remember though if they want to seek compensation the abuse has to be proved, and there are strict rules as to when a claim can be made. So yes, victims have rights but should take legal advice as to whether or not they can take action to enforce them.

In my experience it is only in the last ten years or so that we have really woken-up to that taboo subject of sexual abuse and the fact that victims are entitled to be compensated.

The taboo is being gradually eroded away, and we read and hear in the news much more frequently now stories of sexually abuse. I suspect that we are still only scraping the surface.

When we talk about “sexual abuse”, perhaps, we immediately think of children being harmed, but in fact it covers a much wider field. It is now recognised that adults too, and not just children, can be subjected to sexual abuse and that this can occur in a variety off settings:

• Professionals such as doctors, psychiatrists, therapists, opticians, carers, teachers, coaches, priests, and clergy who abuse their position of trust;
• Vulnerable people such as the elderly and disabled in care settings;
• At home with the abuser being closely related.

There is no stereotype, and what we do know is that abusers come in all sorts of shapes and sizes, and that the abuse can take place in all manner of situations.

Tragically it would seem from the cases that I have had that frequently the abuse could have been prevented or at the very least nipped in the bud. Children do complain, but all too frequently they have been ignored, perhaps, through ignorance, the turning of a blind eye, disbelief, or complicity. Adults might not come forward out of a sense of embarrassment, or mis-placed loyalty, or fear of what might happen to them if they speak out, or concern for the abuser, and often there is fear of not being believed.

Hopefully as result of victims coming forward and bravely making their voices heard the barriers of prejudice and ignorance are coming down, and that through greater understanding in the police, government, and society as a whole the tragedies of the past will not be forever repeated. There is still it seems to me a long way to go. The work of victim survivors’ groups and organisations such as Child Line are to be applauded.

Victims who consult me or my colleagues are ensured of a sympathetic ear and approach. We will tell you what can be done and how. If we can’t help we will explain why.

Claims for sexual abuse can be made against the abuser or the organisation responsible for the abuser, for example, an employer, religious organisation, local authority.

For a claim to succeed against an abuser this is what has to be proved:

• the identity of the abuser;
• that the abuse happened; and
• the abuse resulted in damage for example a physical and/or psychological injury.

The abuser may argue as his/her defence that the claim is time barred because of the Limitation Act 1980, which says a claim must be brought before the court within 3 years of the abuse or in the case of a child by their 21st birthday. The court does have discretion, which it will not exercise lightly, to dis-apply the bar but only if it is fair to do so. The strength of the evidence has to be strong in my opinion and experience for this to happen.

Also of course the abuser has to be worth suing. If she is worth tuppence there is no point in spending time and money pursuing them.

For a claim to succeed against an organisation, depending on the circumstances of the case generally speaking this is what we have to prove:

• the abuse happened;
• that they owed a duty of care;
• that the duty was breached;
• that it was foreseeable that the abuse would happen; and
• the abuse resulted in damage.

We have to show that the organisation was essentially responsible for what happened, and so in the case of an employer that they employed the abuser. Once again limitation could be used as a defence which must be over come in order to stand a chance of succeeding with the claim.

So what is my take from a lawyer’s perspective on “historic abuse cases”?

The usual scenario is that the victim was abused as a child, when vulnerable in every sense of the term, who then suppresses their memories of what happened. There are invariably feelings of guilt, shame and embarrassment. The history of abuse is often kept hidden from spouse and family. Their memories of the abuse are suppressed and often very effectively. The mask, however, sometimes slips through what we call the triggering of memories. A common experience is for the unpleasant memories to be rekindled as a consequence of watching a television programme, or reading an article in a newspaper or, perhaps, through being contacted as a result of a police investigation.

The “triggering” can have a dramatic effect. A victim may actually suffer a nervous breakdown and become very ill. Against such a background a victim will seek advice which culminates in them consulting a solicitor.

As a result of this rather circuitous route the solicitor has to form an opinion as to whether there is a viable case to pursue. Leaving to one side the issues of liability and causation for the moment, the question every lawyer has to ask him/herself is if a claim is going to be made will it fail because it is “statute barred”? This is frequently the hardest question and most difficult aspect of a case, and I would refer you to my other entries on my blog for further detail.

If a claim is to succeed not only does limitation have to be overcome I also need to prove the abuse and also that it harmed the victim. Common sense says that abuse causes harm, but we still have to prove it, and it is not always very easy. The greater the passage of time between the abuse and the victim coming forward the harder it is to prove, and it maybe impossible to do so.

To prove the case I need evidence. This could involve tracking down witnesses, perhaps, for example other victims. It may also mean looking for records. The client will be asked to help because they were there, and not the solicitor.

To prove the damage it will be mean that a medical report has to be prepared, and this would be usually be by a psychiatrist. It is their job to tell us whether the abuse has resulted in any recognised medical illness or condition. This in turn enables us to work out quantum, or in simple terms the amount of compensation you might be entitled to.

 For further information please contact me.

Alan Collins

02392492472