Breaking
400 years of precedents, Great Britain’s law Lords have ruled that
it is possible for those alleging sexual abuse to take legal action
even years later.
One wonders
whether the Manmohan Singh Government in India has the will or the capability
of making such major changes in India. Certainly, it has made a beginning
with its major study of child abuse in India. See my articles: Child
Abuse. Landmark Indian Government Study. Abuse of Indian children ‘common’
and Child Abuse in India. Will Minister Renuka Chowdhury Act? and Dr
Naresh Bhatia. Silenced Now In Indian Child Abuse Scourge
Whilst
it is true - as activists (see below) make a point of urging - that
such legal remedies are far too often the province of those who can
afford it, nonetheless the existence of strong laws surrounding sexual
abuse can help to influence further social reform. There has to be a
strong constellation of responses. It is the case that, for example,
many Nazi war criminals escaped the reach of formal justice. But this
does not mean the Nuremburg trials did not send powerful signals and
highlight some very great evils.
Those
who would attempt to somehow ‘wish’ evil away by averting the gaze
and so-called ‘moving on’ help to perpetuate the very evils which
they think they have little or no relationship to or responsibility
for.
Especially
among those who deem themselves ’spiritual’, there is a lot of confusion
about the significant differences between forgiving and forgetting.
See my articles: Bernie Banton Case. Mega Poor Can Fight Mega Rich and
Dalai Lama: Forgiveness does not mean forgetfulness
The following
are excepts from the BBC report Wednesday, 30 January 2008, 13:10 GMT
Lords
issue landmark abuse ruling
“Victims
of sexual abuse may be able to sue their attackers after many years,
following a ruling by the Law Lords.
(Quote
from Baroness Hale):
“A fair
trial can be possible long after the event and sometimes the law has
no choice”
Leading
child abuse lawyer Tracey Storey, of solicitors Irwin Mitchell, said
the decision ended the “bizarre situation” which meant child abuse
victims over the age of 24 could not sue their abusers.
David
Greenwood of Jordans Solicitors, which also represents victims of child
abuse, agreed that the ruling would “empower” people to come forward.
“Victims
of sexual and physical abuse in care establishments can now be confident
that even after many years they will be treated seriously and sympathetically
by lawyers and the courts,” he said.
But Victim
Support said that while it welcomed the ruling, it believed it would
help only a small number of people.
“It’s
very good news for her but the wider significance is questionable because
the vast majority of offenders don’t have assets to chase,” said
spokesman Paul Fawcett.
|