Historic Sexual Abuse and Harassment Claims

At R James Hutcheon Solicitors, we understand that coming forward about historic sexual abuse or harassment can be an incredibly difficult and emotional decision. Our team of dedicated solicitors is here to offer compassionate, professional, and confidential support to those affected by such traumatic experiences. Whether the abuse occurred many years ago or is more recent, we are committed to helping survivors seek justice and compensation, no matter how long ago the incident took place.

What Are Historic Sexual Abuse and Harassment Claims?

Historic sexual abuse refers to incidents of sexual abuse or sexual harassment that occurred in the past but were only reported or acted upon later. Victims of abuse often face barriers to reporting, such as fear, shame, or trauma, which can delay the process. However, the law recognises that these factors may prevent individuals from coming forward immediately, and there are mechanisms in place that allow survivors to pursue legal claims even after many years.

Sexual abuse and sexual harassment can take many forms, including but not limited to:

  • Child sexual abuse
  • Workplace sexual abuse harassment
  • Institutional abuse in schools, churches, and care homes
  • Abuse by those in positions of trust or authority, such as sports coaches, doctors, and clergy
  • Physical, emotional, or psychological sexual exploitation.

What is Sexual Abuse in the Workplace?

Sexual abuse can take many forms, including:

  • Unwanted Touching or Groping: Physical contact, such as inappropriate touching or groping, without consent.
  • Sexual Comments or Remarks: Offensive comments about someone’s body, appearance, or sexual activity that make the person uncomfortable.
  • Sexual Advances: Persistent, unwanted sexual advances or requests for sexual favours.
  • Displaying Explicit Material: Sharing or showing explicit images, videos, or messages at work, or using sexual language that is inappropriate in a professional setting.
  • Abuse of Power: Sexual abuse can also involve someone in a position of authority using their power to coerce or pressure someone into unwanted sexual behaviour.  The abuse of power has been in the news recently, regarding Harrods Department Store .

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What to Do if You Experience Sexual Abuse at Work?

If you are a victim of sexual abuse in the workplace, it is crucial to know that you have options and protections under the law.

  1. Document the Abuse: Keep a record of all incidents, including what was said or done, the date and time, and any witnesses who were present.
  2. Report the Abuse: Most workplaces have procedures in place for handling complaints of sexual abuse. Report the behaviour to your HR department or a trusted manager. If your workplace does not act appropriately, you have legal avenues available.
  3. Seek Legal Advice: If the abuse continues or your employer fails to handle the situation effectively, seek advice from a solicitor. They can help you understand your rights, the legal process, and the possibility of pursuing a sexual abuse claim.
  4. Take Legal Action: Victims of workplace sexual abuse have the right to pursue legal action to hold the perpetrator accountable. This could include compensation for the emotional and psychological harm caused. Taking legal action also ensures that the abuser is not free to harm others.

How can an employer be liable for Historic Sexual Abuse?

In the legal world, vicarious liability refers to when an institution, like an employer, school, care home, or hospital, can be held responsible for the actions of its employees. If an employee, such as your boss, supervisor, teacher, breaches their duty of care and harms someone within the work place, the employer may be held liable for that harm, even if the wrongful act happened outside of work hours or off the premises.  Further if a work colleague sexually abused  you, the employer can be held liable for his/her actions even though such acts were not permitted, the employer is said to be ‘vicarioulsy liable’ for all employees acts, even if they turn out to be criminal.  There are exceptions however.

Further Reading on Sexual Abuse and Abuse Claims

At R James Hutcheon Solicitors our team have decades of experience helping and assisting clients obtain justice and compensation for the injuries and psychological trauma.  Often with every sexual abuse case, long after the physical hurt has gone, it is the lasting mental trauma that lingers and traumatises the victim.  Please read further in respect of Post Traumatic Stress Disorder (PTSD).  In addition we are pursing claims against Huntercombe Hosptial on behalf of many victims that are said to be abused.  These claims have been reported in the National Press and on TV; Huntercome Abuse Claims.

There are many more individual clients that we represent. Below are some real case law on decided cases of sexual abuse at work where the victim instructed solicitors to claim compensation due to the injury and psychological damage caused.

Key Case: London Borough of Haringey v FZO

In this case, the claimant (victim) was sexually abused by a teacher over many years. Most of the abuse happened outside of the school, at the teacher’s home, in their car, or other locations, and even continued after the claimant had left school. The local authority, who employed the teacher, argued that because the abuse didn’t happen during work hours or at the school, they shouldn’t be held responsible.

However, the Court of Appeal disagreed. They said the abuse was connected to the relationship of trust that had started when the claimant was still a pupil. The teacher used their position of trust and influence, established during school employment, to manipulate and groom the victim, making the abuse an extension of that relationship. The court found that the local authority was vicariously liable for the teacher’s actions, even though much of the abuse happened after the pupil had left school.

What This Means for Similar Cases

This case shows that employers and institutions can be held responsible for ongoing abuse by an employee, even if the abuse happens outside of work or after the official relationship between the employee and the victim has ended. It emphasises the need to fully investigate all abuse allegations, whether they occurred during work hours or in private settings.

Further Case: Armes v Nottinghamshire County Council

In another important case, Armes v Nottinghamshire County Council, the court found that a local authority could be vicariously liable for the physical and sexual abuse carried out by foster parents. Although foster parents are not direct employees of the local authority, the Supreme Court determined that factors such as the control the authority had over the fostering arrangement and the risk created by the fostering relationship were enough to hold the authority liable for the abuse.

This ruling highlights that public authorities, such as local councils, may be held accountable for the actions of others (like foster parents) even when there is no direct employment relationship. As long as the public authority plays a key role in managing the circumstances in which the abuse occurs, they can be found liable.

When Vicarious Liability May Not Apply: Poole Case

However, vicarious liability is not automatic in all cases. In the Poole case, the claimants (victims) argued that the local council was responsible for the negligence of its social workers, who had failed to protect them from abuse by their neighbours. The court found that vicarious liability did not apply because the council’s employees had not assumed responsibility for the specific harm inflicted by a third party (the neighbours). In this case, there was no clear relationship between the council and the actual perpetrators of the abuse, so the council couldn’t be held liable.

Understanding Vicarious Liability in Sexual Abuse Cases

These cases illustrate that institutions and public authorities can be held accountable for the actions of employees or other individuals, like foster parents, if they failed in their duty to protect those in their care. Even when abuse happens outside of the workplace or in a private setting, the connection to the institution can still establish liability. This helps ensure that victims of abuse can seek justice, even if their abuser was not directly supervised at the time of the wrongdoing.

However, in some situations, the connection between the abuser and the institution may not be strong enough to establish vicarious liability. In such cases, victims may need to explore other legal avenues, like proving that the institution failed to act responsibly in preventing the abuse.

Understanding the Legal Landscape for Historic Sexual Abuse Claims

The UK legal system provides avenues for survivors to pursue justice through both criminal and civil courts. It is important to note that even if criminal proceedings are not pursued or are unsuccessful, victims may still have the option to seek compensation through a civil claim.

Criminal vs. Civil Sexual Abuse Claims

A criminal claim focuses on bringing the perpetrator to justice by prosecuting them for their actions. In cases of historic sexual abuse, the Crown Prosecution Service (CPS) may decide to pursue charges based on the evidence provided. However, the burden of proof in criminal cases is high—beyond reasonable doubt—which can make securing a conviction challenging in some historic cases where evidence may have diminished over time.

In contrast, a civil claim is focused on obtaining compensation for the victim. The burden of proof in civil cases is lower—on the balance of probabilities—meaning it can be easier to establish liability and secure compensation even when a criminal conviction is not possible. Compensation can be sought for a variety of damages, including physical and emotional pain, medical expenses, and loss of earnings.

Time Limits for Historic Sexual Abuse Claims

Normally, a claim for personal injury in the UK must be brought within three years of the incident or the victim’s 18th birthday if the abuse occurred while they were a minor. However, for cases of historic sexual abuse, the court may exercise discretion in extending this limitation period if it is satisfied that the delay in bringing the claim was justified by the victim’s psychological trauma or other legitimate reasons.

At R James Hutcheon Solicitors, our experienced solicitors will carefully assess your case and advise you on whether the limitation period might be waived in your specific circumstances. We understand the sensitive nature of these claims and will handle your case with the utmost care and confidentiality.

The court is usually sympathetic with sexual abuse claims going back many years and certainly after the victim has attaned the age of 21 years, but it is wise to seek legal advice as soon as possible.

Case Law: Key Precedents in Historic Sexual Abuse Claims

Several landmark cases in the UK have shaped the legal landscape for historic sexual abuse claims. Understanding these cases can offer insight into how courts approach these complex and sensitive matters.

A v Hoare [2008] UKHL 6

In this key ruling, the House of Lords (now the Supreme Court) reconsidered the application of limitation periods in historic sexual abuse cases. The case involved a victim who was sexually assaulted by a lottery-winning rapist. The House of Lords ruled that courts have the discretion to disapply the limitation period under the Limitation Act 1980 in cases of personal injury, including sexual abuse, where it is equitable to do so. This case set a vital precedent, providing greater flexibility for survivors of historic abuse to bring claims long after the statutory limitation period had expired.

Stubbings v Webb [1993] AC 498

This case dealt with allegations of sexual abuse that occurred during the claimant’s childhood. The victim argued that she had been unable to bring her claim earlier due to psychological trauma and repressed memories. However, the House of Lords ruled that the limitation period could not be extended, primarily due to the existing law at that time. While this ruling was initially a setback for survivors, subsequent legal developments, including the Limitation Act 1980 and cases like A v Hoare, have provided more flexibility in handling historic claims.

X v Bedfordshire County Council [1995] 2 AC 633

This case involved multiple claimants who were sexually abused while in the care of a local authority. The court found that the local authority had breached its duty of care to the children in its protection, establishing that institutions can be held liable for failing to protect individuals from abuse. This case has become a reference point in holding institutions accountable for historic abuse.

DSD and NBV v The Commissioner of Police for the Metropolis [2018] UKSC 11

This case concerned two victims of serial rapist John Worboys. They successfully sued the Metropolitan Police for failing to investigate their allegations of sexual assault properly. The Supreme Court found that the police had violated the victims’ human rights by not conducting an adequate investigation. This case highlights that victims of sexual abuse can also bring claims under human rights law, in addition to personal injury law.

How We Can Help You Seek Justice

At [Your Firm Name], we offer a comprehensive and supportive service for survivors of historic sexual abuse. We understand the trauma that abuse can cause, and our experienced team is here to help you through every step of the process with care and professionalism.

Our Services Include:

  • Initial Consultation: Our team will offer a confidential, no-obligation consultation to discuss your case and your legal options.
  • Evidence Gathering: We will work diligently to collect all relevant evidence, including witness statements, medical records, and documentation of the abuse.
  • Negotiation with Defendants: We will handle all negotiations on your behalf, whether dealing with individuals, employers, or institutions.
  • Court Representation: If necessary, we will represent you in court to ensure your voice is heard and your case is presented effectively.
  • Counselling and Support Referrals: We can connect you with support organisations and counselling services to assist you throughout the legal process.

How to Claim Compensation for Sexual Abuse?

Survivors of historic sexual abuse may be entitled to compensation for a range of damages, including:

  • Physical and Emotional Pain: Compensation for the trauma and suffering experienced as a result of the abuse.
  • Loss of Earnings: If the abuse impacted your ability to work or your future career prospects.
  • Medical Expenses: Covering the cost of medical treatment, therapy, and counselling.
  • Loss of Amenity: If the abuse led to a reduction in your quality of life, such as damage to relationships or emotional wellbeing.

We also handle claims through the Criminal Injuries Compensation Authority (CICA), which can provide compensation to victims of violent crime, including sexual abuse, even when the abuser is not prosecuted.

Institutions and Historic Sexual Abuse

Many claims of historic sexual abuse involve institutions that failed in their duty of care to protect vulnerable individuals. Common institutions where historic abuse has been uncovered include:

  • Schools and Educational Institutions
  • Churches and Religious Organisations
  • Sports Organisations and Clubs
  • Care Homes and Foster Care

These institutions can be held legally responsible for the abuse carried out by their employees or other representatives. Our solicitors are experienced in bringing claims against these entities, ensuring that they are held accountable for their negligence.

Why Choose R James Hutcheon Solicitors to Claim Sexual Abuse Compensation?

We believe that survivors of historic sexual abuse deserve justice and closure, no matter how long ago the abuse occurred. Our solicitors are experienced in handling these complex and sensitive cases and will work tirelessly to support you through every step of the process.

Further reading on PTSD following claims of sexual abuse, and abuse generally see:

Mohammed Al Fayed, sexual abuse claim against Harrods and Fulham Football Club

Huntercome Abuse Claims

Data Breach Causing PTSD

Historic Sexual Abuse and Harrassment

Compassionate and Confidential Support

We understand the courage it takes to come forward with a claim of historic abuse. Our team will handle your case with the utmost compassion and confidentiality. We offer a safe space to share your story and will guide you through the legal process at your own pace.

No-Win, No-Fee Service For Sexual Abuse Victims

We offer a no-win, no-fee service, ensuring that you do not have to worry about legal costs unless we successfully recover compensation on your behalf.

Contact Us Today

If you are a survivor of historic sexual abuse or harassment, you do not have to suffer in silence. Contact [Your Firm Name] today for a free, confidential consultation. Our experienced solicitors are here to help you seek justice and obtain the compensation you deserve.

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