Abusers unlikely to face prosecution

THE perpetrators of abuse against generations of children in industrial schools are unlikely to ever face prosecution, a senior solicitor said yesterday, claiming victims should not be given “false hope”.

The publication of the report by the Commission to Inquire into Child Abuse prompted calls from victims and support groups for the perpetrators to face justice in the courts.

The comprehensive report catalogues decades of abuse carried out against thousands of children, often by members of Religious Congregations who are still alive and serving the Church.

But yesterday Terence English of Murphy English Solicitors in Cork said while victims can make a complaint to gardaí, the chances of successfully pursuing their abusers through the courts, or taking civil actions, was “almost impossible” because of current legislation.

Mr English, a partner in the firm which has handled hundreds of cases with the Redress Board on behalf of abuse victims, said the Statute of Limitations meant those who suffered abuse “effectively have no recourse”.

“You can bring a civil action, however, it is likely to be defended, and if so there are two defences they can make: one of time and that it would be in breach of the Statute of Limitations, and secondly that there has been a delay.

“It is very difficult to get over those hurdles – almost impossible,” he said.

Under the Statute of Limitations victims have only two years after they know they have recourse to an action to pursue one. Since the abuse may have taken place decades ago, that effectively rules out the possibility of successful legal action now.

A one year window which allowed victims of sexual – but not physical or emotional – abuse to pursue a claim outside of that limited time frame has passed, while legislation relating to the Redress Board also means that only those who were abused in “scheduled institutions” are entitled to compensation, often because some parts of various institutions were not under the auspices of the Department of Education.

The Redress Board is going before the Supreme Court to appeal a ruling by the High Court that extended the age frame within which people could seek compensation for abuse suffered from 16 to 18 years of age.