Claiming Compensation For Sexual Abuse

In this guide, we will explain how to claim compensation for sexual abuse. We understand it can be a difficult time and you may feel overwhelmed by the process of claiming. However, our guide will provide you with the information you need to get the compensation you deserve.

Claim compensation for sexual abuse

A guide on how to claim compensation for sexual abuse

Sexual abuse is a sexual offence. It not only causes physical harm but it can also cause some psychological damage.

Sexual abuse and assault can happen to anyone of any age. If you have experienced sexual abuse, you may be eligible to claim sexual abuse compensation.

In some cases, where you know who the assailant is and they have the funds to compensate you. If these conditions do not apply, you could make your claim through the Criminal Injuries Compensation Authority (CICA).

The CICA is a government agency. They compensate people who have been injured in a violent crime. You can claim compensation for physical or psychological injuries caused by sexual abuse.

We’ll explore the process of claiming through the CICA in more detail throughout our guide. Additionally, this guide will provide information on how a criminal injuries solicitor could benefit you.

To begin your criminal injury claim for sexual abuse or sexual assault, please get in touch with our team on the details below:

  • Call our helpline on 0800 408 7825 to speak with an advisor.
  • Or you can contact us in writing to begin your claim.
  • Chat with an advisor using the live chat feature below.

At Public Interest Lawyers, we understand that talking about sexual abuse can be distressing for many people. So any communications you make with us will be confidential, and your case will be handled with sensetivity.

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Am I Eligible To Claim Compensation For Sexual Abuse?

You may be eligible to claim compensation for sexual abuse through the CICA if you are meet the following criteria:

  1. The violent crime caused you harm.
  2. You have reported the crime to the police.
  3. The incident occurred in England, Scotland or Wales.
  4. You have evidence to support your claim.

There is also a general time limit to starting CICA claims; this is two years. However, there may be certain circumstances where exceptions apply. For more information, please continue reading. Alternatively, call our team for further details.

What Is Sexual Abuse?

Under Section 3 of the Sexual Offences Act 2003, sexual abuse or sexual assault is a criminal offence. Perpetrators of sexual abuse may face criminal charges if they are found guilty.

In Section 3 of the act, a person is guilty of committing an offence if:

  • They intentionally touch another person in a sexual manner when the person has not consented.
  • They did not reasonably believe that the other person had not consented.

However, in cases of child sexual abuse, legally a person under the age of 16 cannot consent to sexual acts. This means that any sexual contact between an adult and someone under 16 is assault.

There are also non-contact forms of child sexual abuse or assault, including:

  • Possessing indecent pictures of children
  • Exposure by intentionally exposing genitals or intending for someone to see so as to cause them distress
  • Forcing a child to watch a sexual act
  • Having sexual conversations with children, either in person, online or over the phone.

All forms of sexual abuse could result in both physical and psychological injuries, depending on the circumstances of the abuse you faced.

If you have experienced a similar incident, call our team to discuss whether you could claim compensation for sexual abuse.

Time Limits In Which To Claim Compensation For Sexual Abuse

Do you wish to claim compensation for sexual abuse through the CICA? If so, you will need to apply as soon as you reasonably can. Generally, though, you will have two years from the date the crime took place to begin your compensation claim.

However, there are some exceptions that may apply in certain circumstances. For example:

  • Exceptional reason: In some cases, your physical or psychological health may have prevented you from pursuing a claim. For example, you could not claim if your mental health suffered following the assault.
  • Historial sexual abuse: If you were the victim of historic sexual abuse which happened during your childhood or a long time ago, the time limit may be extended. If the incident was reported to the police when you were a child, then you have 2 years from your 18th birthday to start a claim.
  • Incidents that weren’t reported to the police: If you were unable to report the incident to the police within a reasonable time, the two-year time limit may start from the date you report the incident to the police. However, there must have been an exceptional reason why you couldn’t report the incident; for example, you may have feared for your safety.

Please feel free to call our team to see if you could still claim through the CICA even if the two-year time limit has passed. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.

Where Did The Abuse Happen?

For a claim to go through the CICA, the sexual abuse must have taken place in England, Wales or Scotland. However, there are many different environments in which you could experience abuse.

Where Can Sexual Abuse Take Place?

Sexual abuse can take place in various places, such as:

  • School, college or university
  • Childcare facilities
  • Family homes
  • Religious organisations
  • Public transport
  • Night clubs, bars and pubs
  • Organised activities, such as sports clubs or scouts

If sexual abuse takes place in a school because the school failed in their duty to safeguard children, the school may be held liable for the harm caused.

For instance, schools are required to carry out a Disclosure and Barring Service (DBS) check on their staff before hiring them. If they fail to do so and a teacher who had a history of sexual assault was given a job and went on to abuse more children, the school may be held vicariously liable.

Who Is Eligible To Claim Compensation For Sexual Abuse?

The Criminal Injuries Compensation Authority allows victims of a violent crime to claim compensation. Annex B of the Criminal Injuries Compensation Scheme 2012 provides examples of what might be considered a violent crime. For example:

  • A physical attack
  • Another act or omission of violent nature that results in a person sustaining harm
  • Sexual assault that a person did not consent to.

For that reason, if you experienced sexual assault or abuse, you may be eligible to make a claim through the CICA.

You don’t need to be able to identify the perpetrator, and there’s no requirement for them to have been convicted or even charged. However, you will need to provide evidence to support your claim.

Although it may be difficult to seek medical attention following an incident of sexual abuse, it may be beneficial to ensure you receive the correct treatment.

There are various centres that specialise in providing medical treatment to those who have sustained harm following an assault of a sexual nature. For example, you may find it helpful to visit a Rape and Sexual Assault Referral Centre.

Once you have sought medical attention, your medical records could be used as evidence to highlight the injuries you have sustained. You may be asked to cover the cost of this up to a certain point.

If you’re claiming a while after the incident happened, you may be required to attend an additional medical assessment which will be arranged by the CICA.

For more information on whether you’re eligible to claim compensation for sexual abuse, call our team.

How Much Could I Claim For Sexual Abuse?

When making a CICA claim, the compensation you receive for sexual abuse your settlement will include payment for your injury.

If you have two or more injuries that are each serious enough to qualify for a payment, you could receive:

  • 100% compensation for the injury with the highest value
  • 30% compensation for the injury with the second-highest value
  • 15% for the injury with the third-highest value

However, you could receive an additional payment if the assault caused you to become pregnant, lose a foetus or contract a sexually transmitted disease. This will not be subject to the multiple injury formula outlined above.

The compensation amounts that you may be awarded for your injuries are set out in a tariff of injuries outlined in the Criminal Injuries Compensation Scheme 2012. We have used these figures to create the table below.

Reason For Claim Tariff Of Compensation Comments
Sexual Assault £3,300 Severe sexual assault where there have been non-penile penetrative or oral genital acts.
Sexual Assault £6,600 The assault has followed a pattern or abuse which may have been frequent, repetitive and severe by one or more than one attacker. This has happened over a period of up to 3 years.
Sexual Assault £8,200 The victim has been sexually assaulted over a period of more than three years. The violence followed a pattern which was frequent and severe. It will have occurred for more than 3 years.
Sexual Assault £22,000 Sexual assault which has resulted in serious internal injuries.
Sexual Assault £11,000 There has been non-consensual penile penetration of the mouth, anus or vagina by one attacker.
Sexual Assault £22,000 Sexual assault with non-consensual penile penetration which has caused the person to suffer serious internal injuries.
Sexual Assault £27,000 Sexual assault that has resulted in severe mental illness.
Pregnancy £5,500 Where someone has become pregnant as a result of sexual assault.
Loss of foetus £5,500 As the result of any crime of violence
Infection with one or more of HIV, Hepatitis B or Hepatitis C £22,000 As the result of any crime of violence

On the other hand, you can call our team of advisors today. They may be able to accurately estimate how much compensation you could be owed based on your circumstances.

What Special Expenses Could I Claim Through The CICA?

The CICA Scheme allows you to seek reimbursement of certain special expenses that you may have incurred as a result of your injury when you claim compensation for sexual abuse. This might include loss of earnings if you have been unable to work for longer than 28 weeks.

During the first 28 weeks, you may be eligible to receive Statutory Sick Pay (SSP). The CICA may then be able to reimburse you for any lost income after the 28 weeks; this will be paid at the same rate as SSP.

Furthermore, you could seek compensation for other special expenses, provided they’re:

  • Necessary
  • Reasonable
  • Were incurred as a direct result of the violent crime.

These might include medical treatment that wasn’t available on the NHS or the cost of care relating to bodily functions or preparation of food.

For more information on what you could claim compensation for after sexual abuse, call our team.

Contact No Win No Fee Criminal Injury Claim Specialists

We can handle your criminal injury claim on a No Win No Fee basis. This is a way you can hire a solicitor without paying an upfront fee. Also, there are no ongoing costs to pay while your claim proceeds.

You will pay a success fee if your claim is successful, which will be deducted as a legally capped percentage from your compensation package.

However, you won’t be charged a success fee if your compensation claim fails.

Our panel of criminal injury lawyers could help you claim compensation for sexual abuse on a No Win No Fee basis. Please contact us today to find out how a solicitor from our panel could work on your sexual abuse claim.

You can:

  • Call our claims helpline on 0800 408 7825.
  • Use the contact form to begin your claim online.
  • Use our live chat function on your screen to speak to us right now.

Help And Support

We appreciate you taking the time to read our guide. You may also find these guides to claiming compensation from the CICA scheme helpful.

Below are some resources you may find helpful if you have experienced sexual abuse.

We hope this guide on how to claim compensation for sexual abuse has helped. However, if you have any questions, please get in touch with our team on the details above.

Guide by AH

Publisher EI/ET