It should always be JUST and REASONABLE and ALLOWABLE to pursue damages for Claims against perpetrators of Child Torture, Rape, Slave Labour and False Imprisonment.
In Victoria up until 2013 only 6.5% of cases of Child Sexual Assault cases brought to the Victorian Police result in a Conviction.
The Victorian Police testified at the Vic Inquiry that on average it takes a Survivor 24.5 years on average before they instigate Civil proceedings in regards to their abuse as a child.
The Courts in Victoria have recognised the impact of Post Traumatic Stress Disorder on Survivors of Childhood abuse since the 1980's.
That the Victorian Government consider amending the Limitation of Actions Act 1958 (Vic) to exclude criminal child abuse from the operation of the limitations period under that Act.
Betrayal of Trust Inquiry into the Handling of Child Abuse by Religious and other Non-government Organisations
Family and Community Development Committee November 2013
Therefore, we ask the Victorian Parliament to remove from the
Victorian Limitation of Actions Act 1958
(amended to 1 July 2012)
Sections 27E 27I and 27J
27E persons with a disability
27I Special limitation period for minors injured by close relatives or close associates
27J Effect of legal incapacity on limitation period.
The Act and amendments allows 12 years in personal injury cases, from the date of the act or omission which caused death or injury, within which court proceedings for damages must be issued.
The Limitations Act allows persons to apply for leave to extend a limitation period to allow the issue of court proceedings if it is 'just and reasonable' to do so.
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