SEXUAL ABUSE IRELAND
If someone is a victim of a sexual crime, they have the right to bring civil proceedings seeking monetary compensation. This can be considered completely separately from any criminal complaint that may be lodged.
Statute of Limitations re Sexual Abuse Ireland
The time frame within which to bring a case for sexual assault is within 6 years of the assault actually occurring There are certain exceptions to this rule, such as for those who were abused as children, or those suffering from a psychological injury that prevented them from reporting the abuse sooner.
The only remedy from a civil case in respect of sexual abuse is monetary compensation. It is difficult to give an estimate as to how long a civil sexual abuse case would run for, as it depends on the individual circumstances of each case.
Criminal Proceedings for Sexual Abuse Ireland
In respect of pursuing criminal proceedings, it is important that a complaint is made to the Gardai as soon as possible after the event. The Gardai will take a full statement and usually interview the alleged perpetrator and commence their investigation. Once the investigation has started, the file will be forwarded to the Director of Public Prosecutions (DPP) who will review the file and direct as to whether there is a prosecution in a particular case. If the DPP decides to prosecute, she will inform the Gardai who will then formally charge the accused with the offence.
There is no statute of limitations in criminal cases. However the longer the delay the less likely it is that a case will be prosecuted successfully.
Can I bring a civil and criminal case against the perpetrator at the same time for Sexual Abuse Ireland?
It is possible for a victim of sexual abuse to bring a civil and criminal case at the same time. However, it is essential that if a person intends to bring a civil case, that they issue proceedings as soon as possible as there is a Statute of Limitations in respect of a civil case. If the accused is acquitted in a criminal case, or the DPP decides not to prosecute, the civil trial still remains in being as it is entirely separate. However if the DPP decides to prosecute, the criminal trial will generally have to take place before any civil action is heard.
Speak to a Female Solicitor about Sexual Abuse if you feel more comfortable
Obviously, any assault of a sexual nature is a traumatic experience, and one that needs to be handled with the utmost sensitivity. Our specialist female sexual abuse lawyers are very experience and will discuss and explain each step of the process to you along the way.