By Danielle Newton. Last Updated 25th August 2023. In this guide, we discuss how to claim compensation if you’ve been sexually abused. We will focus on how someone can be eligible to receive compensation for sexual abuse and what steps are involved in claiming this type of compensation.
Compensation for sexually abused victims
As with other crimes of violence, sexual abuse can leave physical injuries as well as psychological damage. You can claim compensation for both kinds of injury.
If you have been sexually abused, there is a government-funded scheme that you can apply for compensation from called the Criminal Injuries Compensation Authority (CICA). This too will be explained in greater detail.
We have made all of the information you need to know as easy to understand as possible. This has been done by omitting unnecessary legal jargon. However, if you find some terms difficult to understand then we are here to answer your questions.
You can reach us any time of day or night. In short, once we know more about your injuries and the circumstances around them, we will be able to offer more bespoke guidance.
Read on for more information, including our contact details. To get in touch, you can also:
- Call us on 0800 408 7825
- Contact us online through our website
- Chat to us using the pop-up window in the corner
Select A Section
- What Compensation For Sexually Abused Victims Is Available?
- Who Could Apply To The Criminal Injuries Compensation Scheme?
- Are There Other Ways To Claim Compensation?
- Types Of Abuse You Could Claim For
- Calculating Compensation For Sexually Abused Victims
- Talk To Our No Win No Fee Criminal Injury Lawyers
What Compensation For Sexually Abused Victims Is Available?
Compensation for sexually abused victims can be claimed directly from the perpetrator; however, this can be difficult to do. One of the reasons for this being is the case is that there’s no guarantee that they’ll have the funds available to pay you the compensation that you deserve.
Alternatively, the assailant may never be caught, convicted, or even identified. You cannot claim compensation against an unidentified assailant.
The Criminal Injuries Compensation Scheme
If sexual abuse victims cannot be compensated directly by the assailant, where does the money come from? Compensation for sexually abused victims can also be awarded by the Criminal Injuries Compensation Authority (CICA).
This government-funded scheme is in place so that victims of crimes of violence can access compensation. You’ll need to report the incident that caused your injuries to the police in order to claim. If you don’t do this, you won’t be able to claim through the CICA.
Furthermore, you would need to start your claim within the appropriate time limit. This is usually 2 years from the date of the incident. However, exceptions can apply; get in touch with our team today to find out more.
Who Could Apply To The Criminal Injuries Compensation Scheme?
There are a few reasons you may apply for compensation using this scheme. For example, you may have been injured whilst being subjected to:
A claim can be made by the victim themselves. However, this is not always possible. To illustrate, the injured party may be a child. Alternatively, they may lack the mental capacity to do so.
In these instances, someone close to the victim can make a claim on their behalf. If the injured person is a child, then the parent or guardian would be expected to make a claim. If the claimant has reduced mental capacity, then you can make a claim for them provided that you can provide evidence that you’re authorised to act on their behalf.
How do sexual abuse victims receive compensation?
When it comes to compensation for sexually abused victims in the UK, there is a payment scheme in place. This is known as the Criminal Injuries Compensation Scheme (CICS) and is operated by the Criminal Injuries Compensation Authority (CICA). To go through the CICA, you need to have reported it to the police.
You can claim through the CICA if it is not possible to claim against the perpetrator directly. This could be if they cannot be identified, or if they do not have the funds to compensate you.
In some instances, it may not be possible for sexual abuse victims in the UK to start a claim straight away. For that reason, historic sexual abuse victims could potentially make a claim many years after the fact. However, we do recommend starting a claim as soon as possible, as details can be forgotten and certain types of evidence no longer possible to collect.
Are There Other Ways To Claim Compensation?
There are other ways that victims of violence can receive compensation for their injuries. We have included some of these below.
Can I Claim Sexual Assault Compensation Directly From My Attacker?
Now that we have discussed CICA payouts, you might be interested in alternative ways to claim sexual assault compensation.
It’s possible to make a sexual abuse claim directly against your attacker. However, in order to do so, you will need to establish the following:
- Do you know who they are?
- Do they have the funds or assets available to pay you compensation?
If you can answer yes to the above questions, you may be eligible to claim sexual trauma compensation.
Alternatively, you could make a criminal injury claim against a vicariously liable party. This is when you are criminally injured but blame partially falls on an organisation that owed you a duty of care.
In both circumstances above, you must provide evidence that can prove the party you are claiming against was responsible for your injuries i.e. an independent medical report. A criminal injury lawyer from our panel could help you with this.
Get in touch if you have any questions about compensation for victims of abuse. Our advisors can offer free support via our criminal injuries helpline.
Claiming Through The Criminal Courts
This method of compensation being awarded is not technically a compensation claim. This is because you do not pursue the compensation or request it yourself.
Instead, in the conclusion of some criminal cases, the judge may state that the person who was guilty of assaulting you is obliged to pay you compensation.
For more information on how compensation for sexually abused victims can be paid, get in touch with our team today.
Do I Need Evidence To Make Sexual Abuse Claims?
For sexual abuse claims being made through the CICA, the following evidence will need to be submitted:
- A police reference number to prove the incident was reported.
- Proof that you meet the residency requirements.
- Medical evidence regarding your injuries, such as your medical records or an independent assessment from a medical expert
It’s worth noting that it may cost up to £50 to obtain medical evidence. However, a criminal injury solicitor from our panel can help you with this cost. If you are awarded sexual abuse compensation, they’ll deduct this cost from your settlement.
Contact our advisors today to discuss your criminal injury claim and receive free advice. They could also help answer any other questions you may have.
Types Of Abuse You Could Claim For
A sexual abuse victim could suffer injuries in different ways. There are various forms of sexual offences, including rape and sexual assault.
Rape is where someone with a penis uses it to penetrate the mouth, anus or vagina of a person without consent. Someone who doesn’t have a penis cannot commit the offence, but they may be found guilty of rape if they help someone with a penis commit this crime.
Sexual assault is non-consensual touching. The perpetrator might use a part of their body to do the touching or another object. Assault by penetration is where someone intentionally penetrates the anus or vagina of another without their consent, either with a body part or another object.
The legal age of consent is 16 in each of the UK nations. This means that if an adult engages in sexual contact with someone under this age, they’re committing an offence. This is because the child legally cannot consent.
If you’re unsure as to whether what you or someone else experienced would be classed as sexual abuse, get in touch. Our advisors can offer your guidance on this matter.
Calculating Compensation For Sexually Abused Victims
Sexual abuse compensation could be paid through the CICA from the tariff of injuries found in the Criminal Injuries Compensation Scheme 2012. In our table below, we’ve provided a few examples of the tariffs from the Scheme.
| Awarded For | Description | Amount |
|---|---|---|
| Non-consensual penile penetration of one or more of vagina, anus or mouth |
When one or more of the mouth, anus, or vagina are penetrated by the penis of two or more attackers without consent resulting in severe mental illness | £27,000 |
| Non-consensual penile penetration of one or more of vagina, anus or mouth |
When one or more of the mouth, anus, or vagina are penetrated by the penis of a single attack with no consent | £11,000 |
| Sexual assault | A pattern of penetrative acts against a child that results in severe mental illness | £27,000 |
| Sexual assault | When there is a pattern of frequent and repetitive abuse of a serious nature over a period of over 3 years that results in internal bodily injuries that are serious | £22,000 |
| Sexual assault | One incident of a child being penetrated by a penis in one or more of the anus, vagina, or mouth by two or more attackers | £13,500 |
| Sexual assault | One incident of a child being penetrated by a penis in one or more of the anus, vagina, or mouth | £11,000 |
| Sexual assault | Two or more isolated incidents of the oral/genital penetration of a child or an adult unable to give consent | £4,400 |
| Sexual assault | Severe – oral/genital acts or a non-penile penetrative act | £3,300 |
| Sexual assault | Serious – sexual act(s) of a non-penetrative nature under clothing | £2,000 |
| Sexual assault | Minor – sexual act(s) of a non-penetrative nature over clothing | £1,000 |
Furthermore, you could claim for multiple injuries as part of your sexual abuse claim. Under the multiple injuries formula, you’ll receive up to 100% of the compensation for the highest-value injury, 30% of the tariff amount for the second-highest and 15% for the third-highest valued injury.
However, you might be eligible to receive other payments that are not subject to this formula if you became pregnant, lost a pregnancy or contracted an STD as a result of the incident.
Special Expenses
You can also claim something called special expenses provided that your injuries caused you to lose earning capacity for at least 28 weeks. However, these special expenses can be backdated to the date of the incident.
Special expenses must be necessary, reasonable and brought about as a direct result of the crime in which you were injured. For example, you could claim compensation for a physical aid such as a walking stick that has been damaged in the attack.
You might also be entitled to claim a loss of earning payment. In order to claim loss of earnings, you must have lost earnings for at least 28 weeks; however, this will not be backdated. The loss of earnings payment will be paid at a Statutory Sick Pay (SSP) rate.
For more information on what can be claimed as part of compensation for victims of abuse, you can choose to call our advisors today. They can offer you free legal advice on how compensation for sexually abused victims can be claimed.
Talk To Our No Win No Fee Criminal Injury Lawyers
All of the criminal injury lawyers on our panel work on a No Win No Fee basis. Funding legal representation through this kind of agreement reduces the financial risk of hiring a solicitor. This is because you will only have to pay your lawyer’s fee if your claim is successful and you are awarded compensation.
The payment to your solicitor is made in the form of a small percentage of your settlement. However, this percentage is capped by law.
In the event that you’re not awarded compensation, you won’t have to pay your solicitor. You also won’t need to make a payment in order to have them start working on your case.
Get in touch if this way of making a sexual abuse claim sounds like it would suit you.
- Call us on 0800 408 7825
- Contact us online through our website
- Chat to us using the pop-up window in the corner
Support For Victims Of Sexual Abuse
We’ve included some links to additional material you may find useful.
- Help after rape and sexual assault – an NHS guide.
- How to spot signs of child sexual abuse.
- Find support in your area if you have been the victim of abuse and/or rape – The Survivor’s Trust
- More information on help and compensation for rape victims.
- What are the indicators of sexual abuse?
- Find out how to claim for cases of historic sexual abuse.
We hope that reading this guide on compensation for sexually abused victims in the UK has been helpful. If you would like to speak to a member of our team for more advice and support on claiming sexual abuse compensation, then you can choose to contact our team online or on the phone by using the contact details featured within this guide.
Our advisers can also discuss potential claims for other types of criminal injuries, such as grievous bodily harm (GBH) or other assault crimes (that are not sexual).
Article by AI
Publisher ET