After being criminally injured, we understand it may feel challenging or overwhelming to make a claim for sexual abuse compensation. At Public Interest Lawyers, we understand this and have made this guide on the criminal injury claims process to help address any concerns and provide further information.
Key Takeaways
- Sexual abuse claims can be made against a vicariously liable party, as well as through the Criminal Injuries Compensation Authority (CICA).
- This includes historical abuse claims for incidents that occurred prior to your turning 18.
- As well as compensation for the crime itself, you can also be compensated for any loss of earnings as well as other costs.
- Our panel of solicitors operate on a strictly No Win No Fee basis, meaning you are protected from soaring solicitor fees during the claim.
- Public Interest Lawyers operate a 24-hour free advice service, so if you have any questions or would like to find out if you could claim, our advisors are always on hand to help.
You can talk to a member of our team at any time using the details provided here:
- Call us on 0800 408 7825.
- Contact us by completing an online form.
- Click the live chat button on the bottom left of your screen.
Select A Section
- Can I Make A Claim For Sexual Abuse Compensation?
- What Sexual Abuse Compensation Payout Could I Get?
- Can Sexual Abuse Compensation Cover Special Damages?
- <Is There A Time Limit For Claiming Sexual Abuse Compensation?
- What Do I Need To Do To Start A Compensation Claim For Sexual Abuse?
- How Can A No Win No Fee Solicitor Help Me Make A Sexual Abuse Claim?
- Learn More
Can I Make A Claim For Sexual Abuse Compensation?
There are 3 main ways you can make a claim for sexual abuse compensation:
- Claiming directly against the perpetrator.
- A vicarious liability claim against a responsible party (your place of work, for example), for failing to protect you.
- A criminal injury claim through the CICA. This type of claim is the focus of our guide, and we’ll examine this in more detail below.
When claiming directly against the perpetrator, you must know who they are and that they are able to compensate you.
In order to claim against a vicariously liable party, you’ll need to show that your employer, place of education or another organisation was aware of the risk to your safety and failed to take action to keep you safe. For example, if you reported a colleague to HR for harassing and threatening behaviour, nothing was done, and that colleague later attacked you, your employer could be deemed vicariously liable.
Claiming Through The Criminal Injuries Compensation Authority (CICA)
The Criminal Injuries Compensation Authority (CICA) is a government-sponsored agency that was set up in order to give the victims of crimes of violence a means of seeking compensation if other avenues are unavailable to them. Compensation in CICA claims is paid in line with the fixed tariff from the Criminal Injuries Compensation Scheme 2012. What this means is the amount listed is what is paid out.
The eligibility criteria for a CICA claim are as follows:
- You suffered an injury in a violent crime as set out by Annexe B of the CICA Scheme. This includes assault, arson, and sexual abuse.
- That crime took place in Great Britain (England, Scotland or Wales), or another relevant place such as a vessel registered to one of these countries.
- The crime was reported to the police.
Can I Claim If The Abuse Was Historical?
Yes, it is possible to claim historical abuse compensation in certain circumstances. We have a whole guide dedicated to this topic, so to learn more about claiming for an incident from years ago, click the link here.
If you have questions, concerns, or would like to get a free eligibility check for your potential sexual abuse compensation claim, talk to our advisors today using the contact details provided above.
What Sexual Abuse Compensation Payout Could I Get?
You could receive sexual abuse compensation for physical injuries as well as psychological impacts. Payout can also be awarded for certain financial losses, which we will examine in the next section. The CICA will use the fixed tariff from the 2012 Scheme to determine a payout figure. We have created this table using relevant tariff figures.
Compensation Table
Please note that the amounts given in this table, apart from the top entry, are fixed and have been taken from the CICA Scheme.
| Injury | Severity | Compensation Amount |
|---|---|---|
| Multiple Very Serious Injuries together with Loss of Earning and Special Expenses | Very Serious | Up to £500,000 |
| Non-Consensual Penile Penetration | Serious Internal Injury + Severe Mental Illness | £44,000 |
| Serious Internal Injuries | £22,000 | |
| By 1 Attacker | £11,000 | |
| Sexual Assault | Serious Internal Injury | £22,000 |
| Severe Abuse over a Period of 3 + Years | £8,200 | |
| Serious - Non-penetrative Under Clothing | £2,000 | |
| Other Payments | Infection with HIV, Hepatitis B or C | £22,000 |
| Loss of a Foetus | £5,500 | |
| Pregnancy | £5,500 |
For cases involving more than one injury, the payout will be determined according to the multiple injuries formula. This will be applied as follows:
- 100% of the tariff amount for the highest value injury.
- 30% for next highest, or an injury of the same value.
- 15% for the third highest, or same value.
What this means is, you can only be compensated for 3 injuries from the CICA. However, if you became pregnant, miscarried or contracted an STI due to the violent crime, then additional payments not affected by the formula can be made.
You can get your free assessment today, as well as ask any questions about making a criminal injuries compensation claim, by talking to our advisors.
Can Sexual Abuse Compensation Cover Financial Losses?
Sexual abuse compensation can cover any financial losses you expereinced due to your criminal injuries. These losses would be compensated under special expenses.
When seeking compensation for costs incurred due to a violent crime, you need to show that these costs are necessary, reasonable, and not available for free elsewhere. We’ve given a few examples below:
- The repair or replacement of any personal aid equipment that was damaged by the violent crime.
- Care costs relating to bodily functions or food preparation, if you cannot complete these tasks safely on your own.
- Administration costs relating to the management of your affairs if your mental capacity has been impacted.
- Adaptations to your home to manage with your injuries, such as installing a ramp or stairlift.
You’ll have to submit supporting evidence of these costs, so keep hold of any documents such as care bills, purchase receipts and your bank statements as proof.
Loss of Earnings
A loss of earnings can also be claimed as part of your criminal injury compensation, but certain eligibility requirements apply. You can find out more about how criminal injury compensation is calculated by speaking to our advisors today.
Is There A Time Limit For Claiming Sexual Abuse Compensation?
There is typically a 2-year time limit to claim sexual abuse compensation through the CICA, counted from the date the incident occurred. If it can be shown that exceptional circumstances prevented you from making a claim during this period, then exceptions can be made. However, the CICA will assess these on a case-by-case basis.
The time limit for cases involving children is as follows:
- If the victim was under 18 at the time and reported the crime to the police, the two years are counted from their 18th birthday.
- In cases where the victim was under 18 but no police report was made prior to their 18th birthday, then the 2 years are counted from the date of reporting. Once again, it will need to be shown that exceptional circumstances prevented a report from being made sooner, such as cases involving historic abuse.
To see whether you still have enough time to start your sexual abuse compensation claim you can contact our advisory team.
What Do I Need To Do To Start A Compensation Claim For Sexual Abuse?
You only need 4 things to begin a sexual abuse compensation claim. These are:
- Your police crime reference number.
- Proof you meet the residency requirements.
- Medical evidence shows what injuries were sustained.
- Documents showing any financial losses you wish to claim for.
The CICA will contact the police for proof that the crime actually took place, such as witness statements, CCTV and other criminal evidence, so you do not need to worry about this.
Reporting The Abuse To The Police
It is very important that the crime be reported to the police in order to make a CICA claim. If you were prevented from reporting the crime at the time of the incident due to exceptional circumstances, you should still contact us. The CICA will exercise their discretion when allowing claims for crimes that were not reported straightaway, which means you may still be able to claim.
Will I Need To Take My Abuser To Court?
If you are claiming through the CICA for sexual abuse compensation, then no, a court hearing won’t be necessary. The perpetrator doesn’t need to have been charged or even identified when seeking criminal injury compensation through this method.
Cases that are made against a vicariously liable organisation, or the perpetrator themselves, can progress to trial if they cannot be settled through negotiations. We should point out that the vast majority of civil claims are settled outside of court. Our advisors can provide additional information and assess your eligibility for free.
How Can A No Win No Fee Solicitor Help Me Make A Sexual Abuse Claim?
At Public Interest Lawyers, our panel of solicitors have collective decades of experience in dealing with the most difficult claims. We understand that making a criminal injury claim is not an easy thing to do, and therefore, the service we provide meets your specific needs.
Here are just some of the services our expert panel of criminal injury lawyers can provide, and ways in which they can support claimants:
- Ensuring you get any talking therapy, medical care or rehabilitative treatment you may require.
- Helping you to collect your evidence.
- Calculating a compensation figure, including any special expenses and loss of earnings.
- Keeping you informed of all developments and explaining all the technical terminology.
Our panel offer legal services on a strictly No Win No Fee basis with a type of contract called a Conditional Fee Agreement. This contract means you won’t have to pay any solicitor service fees at the start of and during the claim. You will not pay any service fees if the claim fails. A success fee, capped at 25% by The Conditional Fee Agreements Order 2013 is taken from your compensation if the claim is won, so most of any payout is yours to keep.
Contact Our Team Of Advisors
If you would like to discuss your sexual abuse compensation claim, you can contact a memeber of our advisory team for free advice:
- Call us on 0800 408 7825.
- Contact us by completing an online form.
- Click the live chat button on the bottom left of your screen.
Learn More
You can see some other guides on claiming for criminal injuries on our website:
- Read our criminal injuries compensation FAQ for answers to some common questions.
- Find out more about claiming domestic violence compensation here.
- Use our criminal injuries compensation calculator for an estimated payout figure in your circumstances.
We have also provided these external resources for more information:
- You can get help from Rape Crisis at your nearest centre as well as access their support line at any time.
- Dealing with the aftermath of a violent crime, as well as making a criminal injury claim, can take a toll on your mental health. The NHS can provide a range of services and support, no matter your circumstances.
- You can contact the police about a crime incident on their website.
Thank you for taking the time to read our guide to claiming sexual abuse compensation.