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  Victims Seek Advice from Local Solicitor

By John Manning
Fingal Independent
December 9, 2009

http://www.fingal-independent.ie/news/victims-seek-advice-from-local-solicitor-1967544.html

A LOCAL solicitor has said he has received a number of calls from clerical child abuse victims since the release of the Murphy Report.

Many of the enquiries have been about the legal position regarding seeking compensation in the courts for victims of abuse.

The Fingal Independent asked Swords solicitor, Vincent Shannon, to clarify the legal position on seeking compensation for abuses, particularly those that happened many years ago. Mr Shannon explained that in Ireland, the legal position has been changed with the Statute of Limitations Act, 2000.

That Act extends the period in which a person can claim damages for sexual abuse while they were under the age of 21.

According to Mr Shannon: 'The claimant must have been psychologically injured as a result of the abuse.

'This psychological injury must also be of such significance that their ability to make a reasoned decision to bring such action is substantially impaired.'

Mr Shannon advised that in that Act of 2000 it is made very clear that a court can dismiss an action if there is a delay between the abuse and the bringing of the action, if it is considered it would 'not be in the interests of justice'.

The Swords solicitor said: 'A person should only proceed if evidence of sexual abuse can be shown, and if a report from a psychologist or psychiatrist can show the person's psychological health has been significantly changed as a result of the abuse.'

Mr Shannon said: 'To be fair to the diocese, we should point out that it says it will deal sympathetically where a plaintiff can show a genuine case which merits compensation.'

 
 

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