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Limitation periods and child sexual abuse cases: Law, psychology, time and justice

Mathews, Benjamin P. (2003) Limitation periods and child sexual abuse cases: Law, psychology, time and justice. Torts Law Journal, 11(3), pp. 218-243.

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Abstract

As Australian society witnesses an increasing number of revelations of child sexual abuse, and as more cases come before the courts, the question of legal redress for adult survivors of abuse becomes ever more pressing. Due to the psychological sequelae of abuse, adult survivors are often unable to institute proceedings within statutory time limits, and case law demonstrates significant difficulties in obtaining an extension of time in which to proceed. The statutory time limits and the courts' application of extension provisions often operate to deny legal remedies to these plaintiffs. This article uses psychological evidence to evaluate the current Australian provisions, with a particular focus on recent Queensland case law, and examines the justifiability of the rationales for limitation periods in this context.

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ID Code: 6417
Item Type: Journal Article
ISSN: 1038-5967
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2003 Thomson Legal and Regulatory
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 09 Mar 2007
Last Modified: 29 Feb 2012 23:02

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