For many survivors of childhood sexual abuse, the decision to seek justice isn’t immediate. It may take years or even decades to process what happened, to find the words, and to feel ready to act. The idea that too much time has passed can feel like yet another barrier in an already painful journey.

But in Victoria, that legal barrier has been removed. There is no longer a time limit to pursue compensation for childhood abuse*. Whether the abuse occurred ten or fifty years ago, survivors now have the right to make a claim. If you’re carrying trauma from the past and wondering if it’s too late, Carbone Lawyers are here to help you.

*The Limitation of Actions Amendment (Child Abuse) Act 2015 removed the limitation period in relation to claims for damages arising from child sexual abuse (Common Guiding Principles – child sexual abuse civil claim; Victoria State Government).

Why justice was out of reach for so many for so long

For decades, survivors of childhood sexual abuse faced harsh limitations under Australian personal injury laws. In most states, civil claims had to be filed within three years of the injury occurring. That might make sense for a physical injury, but it fails to account for the complex and deeply personal nature of abuse-related trauma.

A Royal Commission found that survivors take an average of 23.9 years to disclose their abuse (Identifying and disclosing child sexual abuse; Royal Commission into Institutional Responses to Child Sexual Abuse). The emotional toll, social stigma, and fear of not being believed delay disclosure for many. For others, memories are suppressed or disconnected from their current emotional struggles. These realities made strict limitation periods not just unjust but actively harmful.

Turning point for survivor rights in Australia

In 2015, after hearing from thousands of survivors, the Royal Commission recommended that all states remove limitation periods for civil claims related to child sexual abuse. The reasoning was simple and powerful: the law should not punish survivors for taking time to speak out.

This recommendation triggered changes across the country. State Governments began to acknowledge what survivors had long known: that the trauma of childhood abuse doesn’t adhere to timelines, and neither should justice.

Victoria was the first to listen and act

Victoria led the nation in reform. In February 2015, the Limitation of Actions Amendment (Child Abuse) Act was passed, removing all limitation periods for civil claims relating to sexual and physical abuse, and psychological abuse related to sexual or physical abuse, of minors. The law applies to both past and future abuse, ensuring that no survivor is left behind because of when the abuse occurred.

Further reforms have strengthened this position. Since July 2017, institutions such as churches, schools, and government bodies must now prove they took reasonable steps to prevent abuse. The burden of proof no longer rests solely on the survivor. That same year, the law was extended to allow family members of deceased survivors to pursue claims on their behalf.

In 2019, another significant change occurred. Survivors who had previously signed deeds of release, often under pressure or without full understanding, were given the right to reopen their claims if the original settlement was unjust or unreasonable.

How the law is supporting survivors

Today, the law in Victoria recognises the unique and lifelong impact of child sexual abuse. There is no limitation period for bringing a civil claim. Survivors can pursue justice regardless of when the abuse occurred.

To protect the fairness of proceedings, courts still retain the power to stay a case if it would be impossible to have a fair trial, such as where crucial evidence has been lost. But this is rare, and the onus is no longer on the survivor to justify a delay.

The Victorian Government has also adopted Common Guiding Principles for civil claims involving child sexual abuse. These principles reflect a trauma-informed approach and aim to:

• Avoid using delay or the passage of time as a reason to block a claim
• Encourage early resolution through fair negotiation
• Avoid requiring confidentiality clauses in settlements
• Support survivors with apologies and pastoral care where appropriate

This approach acknowledges the harm done, without retraumatising those seeking justice.

Contact Carbone Lawyers: You don’t have to do this alone

If you or someone you love experienced sexual, physical, or psychological abuse as a child, and the pain is still with you, you can still make a claim. Even if the abuse happened decades ago. Even if the abuser has died. Even if you signed something years ago that you now regret.

Carbone Lawyers has experience helping survivors of institutional and historical abuse pursue justice with dignity. Our team understands the emotional weight of these matters and approaches each case with care, compassion, and expertise.

We also operate under a No Win, No Fee policy, meaning you pay nothing unless we succeed. You have nothing to lose by reaching out and everything to gain by taking the first step.The law has changed to recognise what survivors have always known. Healing doesn’t happen on a schedule, and justice shouldn’t either. If you’re ready to reclaim your voice and your rights, contact us today.