Women abused as children could be denied justice due to legal anomaly

Thousands of women who were sexually abused as children could be unable to obtain justice because of an anomaly in the law of England and Wales that is being challenged at the European court of human rights.

- Haroon Siddique

The case has been brought by Lucy (not her real name), who was 13 when a man 22 years her senior began having sex with her. Despite him admitting it, police told her charges could not be brought because she did not report the alleged offence in time.

The problem results from the 1956 Sexual Offences Act, which dictated that prosecution of the offence of sexual intercourse with a girl under 16, which applies when a girl aged 13 to 15 factually consented (even though as children they could not consent in law), "may not be commenced more than 12 months after the offence charged".

The law was changed by the Sexual Offences Act 2003 but it does not apply retrospectively. This means that if the alleged offence occurred before 1 May 2004, the limitation period still applies. Only women are affected, as the legislation did not apply to boys, so males face no equivalent time limits.

Lucy, now 51, said she was "crushed" when she heard that charges could not be brought, even though her abuser had admitted in a police interview last year to having sex with her when she was 14 and 15.