This guide will look at how you could claim compensation for sexual abuse in Scotland. Sexual assault is a crime that could cause psychological trauma and physical injury. It is possible to claim compensation for psychological damage without related physical injury.
Read on for more information about making sexual abuse claims in Scotland. You can also get in touch with our team of advisors today for specialised legal guidance.
They could pass you on to a solicitor from our panel to start your claim. You should know that you don’t necessarily need to use a solicitor near you.
It is important to note that if you have suffered psychological trauma because of what’s happened to you, some sections of this article could be difficult for you to read. If you would prefer to discuss a potential claim directly, feel free to make a call to our advisors about your situation instead of reading this article. They can give you sensitive advice about the claims process.
Select A Section
- What Is Sexual Abuse In Scotland?
- Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act
- What Is The Advance Payments Scheme?
- Who Can Claim Under Historic Sexual Abuse Laws?
- What Records Or Evidence Could Support Your Claim?
- Calculating Compensation For Sexual Abuse In Scotland
- Discuss Your Sexual Abuse Claim With A No Win No Fee Solicitor
- Related Guides And Sexual Abuse Helplines In Scotland
According to the Sexual Offences (Scotland) Act 2009, rape is defined as the penetration of a penis into another person’s vagina, anus, or mouth without consent.
The Act also covers other forms of sexual assault. This includes doing any of the below without the consent of another person:
- Ejaculating onto somebody
- Touching them sexually
- Forcing them to have sex with another person
- Penetration of the vagina or anus by other parts of the body or objects
If you have been harmed in some way by a violent crime, you could claim compensation from the perpetrator directly. To do so, you would need to know who they were, and they would need to have the funds available to pay you compensation.
You could claim through the Criminal Injuries Compensation Authority (CICA) if this isn’t possible. This is a government agency that awards compensation to those harmed as a result of violent crimes. To claim a CICA payout, you generally need to start your claim within 2 years of the incident, and it must have first been reported to the police.
To find out more about CICA claims, get in touch with our advisors today. You could be connected with a solicitor from our panel if you have a valid claim.
In this section, we will look at the Redress for Survivors (Historical Child Abuse in Case) (Scotland) Act 2021 (RFSSA). This Act came into legislation in 2021 and replaced the Advance Payment Scheme previously in place.
It aims to financially redress and support survivors of historical child abuse in certain residential care settings in Scotland. Following this Act, Redress Scotland was founded. This is an independent body that decides who should receive the redress payments. They are not a section of the Scottish government, though they function via their funding and guidance.
To be eligible for redress payment through the scheme, there are a few criteria to meet:
- The abuse must have occurred before the first of December, 2004
- The abused person had to have been under 18 at the time
- The care setting needs to be relevant – this includes institutions where a child was being looked after by people who were not their family. Children’s homes, care facilities and foster homes could fall under this definition. However, short-term care and respite care, for example, are not included.
The payments for this scheme are calculated differently to CICA or personal injury claims. You may be able to apply for a fixed rate of £10,000 or an individually assessed redress payment. These are set at £20,000, £40,000, £60,000, £80,000 or £100,000.
It is important to note that part of the Act means you agree to waive your right to start a civil action claim against the Scottish government or the scheme contributors. You must also agree to abandon any ongoing relevant civil proceedings.
The Advance Payments Scheme (APS) is currently closed to new applications. The RFSSA has replaced it as the legislation covering how historical abuse in care survivors is eligible to claim compensation.
The aim of the APS was also to financially redress abuse in care survivors. However, there were some key differences in eligibility and payments.
For example, it is the same as the RFSSA in that the abuse needs to have happened before December 2004 for the application to be eligible. However, to have been eligible for the APS, you also had to have a terminal illness or be age 68 or over.
Also, the payment was limited to £10,000 for all cases. Everyone whose application was approved received the same amount.
For more information on making a new claim for historic sexual abuse in Scotland, speak to one of our advisors today. You could be connected with a No Win No Fee solicitor from our panel to represent you.
According to the Limitation (Childhood Abuse) (Scotland) Act 2017, abuse survivors can claim for historic abuse that took place when they were under 18.
There are limitations about who can claim, however. For example, you would be unable to claim if you have already made a claim or been paid compensation by your abuser(s) or abuser’s insurers. You would also not be able to claim for abuse that took place before 26th September 1964, unless exceptional circumstances apply.
However, if you had attempted to claim compensation but been rejected because of being outside the previous time limit, you could then start a new compensation claim according to this Act. A claim might be more complex if the abuse occurred long ago because finding relevant evidence to support your claim could be difficult.
For assistance with making a claim, get in touch with our advisors today.
To make a valid sexual abuse claim, it is important to provide evidence of what happened to you. You do not need a solicitor to gather evidence, but we always recommend hiring one. They have the experience and knowledge to help give your case the best chances of succeeding.
Types of helpful evidence could include:
- CCTV footage of the incident
- Witness contact details
- Police report records
- Medical notes
However, this section is not exhaustive. If you would like to know more about what forms of evidence could support your claim, get in touch with our team of advisors today.
This section will look at compensation amounts in a claim for sexual abuse in Scotland. These figures are taken from the CICA Tariffs.
|Sexual Assault||Minor||£1,000||Non-penetrative sexual acts over clothing.|
|Sexual Assault||Serious||£2,000||Non-penetrative sexual acts under clothing.|
|Sexual Assault||Severe||£3,300||Penetrative or oral-genital acts that do not include a penis.|
|Sexual Assault||-||£8,200||A pattern of frequent abuse over a period of 3 years or more.|
|Sexual Assault||Severe (a)||£27,000||Sexual abuse that has resulted in a severe and disabling mental illness.|
|Sexual Abuse of a Minor||Serious||£3,300||Repetitive non-penetrative sexual acts under the clothing.|
|Sexual Abuse of a Minor||-||£8,200||Repetitive incidents over a period of 3 years or more.|
|Sexual Abuse of a Minor||-||£16,500||Repeated incidents of non-consensual penetration for up to 3 years.|
|Sexual Abuse of a Minor||-||£22,000||Sexual abuse that has resulted in serious internal injuries.|
|Sexual Abuse of a Minor||-||£44,000||Sexual abuse that has resulted in serious bodily injury and related severe psychiatric damage.|
Another element of your compensation aims to cover the specific financial losses that occurred due to the incident when you make a claim through the CICA. This is referred to as special expenses. It may also cover potential financial losses of the future. You could claim for:
- Medical procedures not covered by the NHS
- Loss of earnings
- Travel expenses
You would need to provide evidence of your financial loss. Payslips, bank statements or invoices could all be used as evidence. When claiming through the CICA, in order to receive special expenses, you need to have lost earning capacity for at least 28 full weeks after an accident. Many aspects of special expenses will be backdated to the incident; however, loss of earnings will only be awarded from the 29th week onwards and will be paid at the Statutory Sick Pay (SSP) rate.
To find out more about what you could claim for, why not get in touch today? One of our friendly advisors will be happy to offer you advice. Furthermore, you could be connected with a solicitor from our panel to work on your claim.
If you want to start a sexual abuse claim with legal representation, you may be concerned about funding the work of a solicitor. However, there are options available to you if this is the case.
A solicitor may also offer you a speculative fee arrangement. This is a kind of No Win No Fee agreement.
If you lose your case, you will not be charged for your solicitor’s work at all. You also won’t be asked to make an upfront or ongoing payment in order for them to start on your claim.
In the event that the claim is successful, your solicitor will deduct a fee from your compensation. This will reflect the amount of work that they have done on your case.
To find out more about how you could fund legal representation, get in touch with us today. Our team of advisors are available 24/7 to help you and may even connect you with to a solicitor from our panel.
Thank you for reading our guide on sexual abuse claims in Scotland. We hope you found it helpful. For further related links, please see below.
Compensation Payouts for a Head Injury – Are you wondering how much you could claim for a head injury? Our article could help you.
Acid Attack Compensation Claims– If you’ve been caused harm by an acid attack, you may be able to claim. Read our guide for more information.
Compensation for a Crushed Leg Injury and PTSD – An article explaining how you could claim for a crushed leg injury with related PTSD.
Help and Support After a Traumatic Event – An NHS article on the support pathways open to you after a traumatic event.
Rape Crisis Scotland – A registered organisation, aiming to end rape and sexual violence.
Rape and Sexual Assault – Scotland’s government page advising on support for victims.
Thank you for reading our guide on sexual abuse claims in Scotland.
Article by AO