Authorities add insult to injury over child sex abuse compensation cases

THE Catholic church and local authorities have been criticised after trying to claim child sex abuse victims “consented” in a bid to avoid compensation payouts.

Lawyers who represent some of the victims have told The Sunday Telegraph that the defence is more frequently being used by private schools, religious groups and local authorities when trying to defend compensation claims.

The revelation comes after news that the Criminal Injuries Compensation Scheme, a Government agency, was denying children compensation because it said they had “consented” to abuse – even if they were of an age where they could not do so legally.

Siobhán Crawford, of London-based firm Bolt Burdon Kemp, said the defence is normally used where a child turns 16 during the abuse.

She said the firm had dealt with 10 such cases, and there had been an increase in the past two years as authorities became aware that it was an option.

For adults in a position of authority, it is illegal to have sex with a child under their care, even if the child is 16 or 17 at the time. Anne Longfield, the Chil-

‘No child ever gives their consent to being abused, and the increased use of this defence, is worrying’

dren’s Commissioner for England, said: “No child ever gives their ‘consent’ to being abused, and the increased use of this line of defence, is worrying.”

The Sunday Telegraph has seen documents for two cases where the defence was employed. One claimant was told by lawyers for the Catholic Archdiocese of Southwark that his abuse, which included rape and began when he was 15, “occurred in the context of a consensual relationship”.

The victim, who cannot be named for legal reasons, said that the use of the defence felt “insulting”. “I was below the legal age of consent and there’s a grooming element to that kind of situation. It was totally disregarded and it made me feel really small,” he said.

In another case, a pupil was making a claim following sexual abuse by her teacher. The abuse began when she was under 16 and continued into adulthood. Cambridgeshire County Council, claimed that it was not liable for abuse which took place after the age of 16.

A spokesman for the Archdiocese of Southwark said: “Such claims often involve a number of difficult legal issues.”

A Cambridgeshire County Council spokesman said: “We have faced up to our responsibilities and made a full compensation payment of £550,000.”