Are you a survivor of sexual abuse? If so, you may have suffered physical and mental injuries as a result. Sexual assault can be traumatic and therefore criminal injury claims can offer compensation for rape victims if they have a legitimate claim.
Guide to compensation for rape victims
Our friendly team of advisers can have a chat with you about your situation. If you have any questions, an adviser can answer them for you and offer free legal advice.
Should you have a claim that’s valid, an adviser can connect you to an empathetic criminal injury solicitor from our panel. If they take on your claim, they can chat with you about No Win No Fee agreements and help you with your claim.
Our expert team of advisers are available via:
- Telephone on 0800 408 7825 to discuss your claim.
- Our contact us page online: use it to speak with an adviser at your earliest convenience.
- Our instant chatbox: receive an immediate response.
Select A Section
- How To Claim Compensation For Rape Victims
- How Is Rape And Statutory Rape Defined In Law?
- Reporting A Rape To The Police
- Does The Criminal Injuries Compensation Authority Handle Rape Claims?
- Physical And Other Evidence You May Need
- Calculating Compensation For Rape Victims
- Contact A Specialist Lawyer Today
- Further Help After Rape Or Sexual Assault
How To Claim Compensation For Rape Victims
The table below includes statistics taken from the Office for National Statistics (ONS). This shows the prevalence of sexual assault towards women aged 16-74 years by marital status in England and Wales in the year ending March 2018 to the year ending March 2020.
As shown, 7.5% of single women were sexually assaulted once or more in this timeframe. On the other hand, 0.8% of widowed women experienced sexual assault.
The Criminal Injuries Compensation Authority (CICA) provides compensation for rape victims. You have the choice to claim against the perpetrator directly or claim against them through the CICA. Often, the perpetrator doesn’t have the funds to compensate the victim.
The CICA handle claims from people in Scotland, Wales, or England who have suffered mental or physical injuries due to a violent crime.
How Is Rape And Statutory Rape Defined In Law?
The definition of sexual assault is a sexual act carried out without the person’s consent.
Rape is defined as a vagina, anus, or mouth being penetrated with a penis without the person’s permission. The Sexual Offences Act 2003 introduced penetration of the mouth as part of the definition of rape.
The Sexual Offences Act 1956 existed before the above Act. This is used in court for some sexual assaults that occurred before 2004.
The Indecency with Children Act 1960 is a provision for the punishment of a ‘gross act of indecency with a child under 14.’ It was repealed by the Sexual Offences Act 2003.
The Sexual Offences Act 2003 states that someone aged 18 or over can’t legally engage in sexual acts with someone under the age of 16. If the child was aged between 13 and 16, the prosecution needs to prove that the adult didn’t reasonably believe that the child was 16 or older. Statutory rape is sexual intercourse with a minor.
Here are a few examples of what could define sexual abuse towards children under 16:
- Showing pornography to a child
- Kissing or sexually touching a child
- Showing sexual acts to a child
- Exposing genitals to a child
- Forcing masturbation
- Talking to a child in a sexual manner (in person or online)
- Making a child undress
This guide aims to help you understand compensation for rape victims. If you have any questions, feel free to get in touch.
Reporting A Rape To The Police
Reporting a rape to the police can be a daunting and scary prospect, especially if you’re unsure how to go about it. You should never feel pressured into reporting a rape that happened to you, but it’s important to note that, if you’d like to claim, the CICA will need the police crime reference number.
In recent years, the police have become better equipped to deal with cases of rape. They’ll likely speak with relevant people and witnesses (if there are any). Also, the matter would be considered for a referral for possible prosecution.
Does The Criminal Injuries Compensation Authority Handle Rape Claims?
If you make a claim directly against the perpetrator, you will need to be able to identify them. Moreover, the perpetrator must have sufficient funds in order to pay your compensation. On the other hand, you could claim through the CICA, which can provide compensation for rape victims.
You must have reported the sexual assault to the police if you want to claim through the CICA. You should report it as soon as you reasonably can. However, the CICA may make an exception if certain circumstances prevented you from doing this for a longer period of time.
There’s generally a 2-year time limit to make a claim if you’re above 18. However, you may be able to provide evidence of exceptional circumstances stopping you from claiming within this time period.
If you suffered the sexual assault when you were under 18 and it’s been reported to the police, the time limit of 2 years starts on the day of your 18th birthday. If the incident occurred when you were under 18 and wasn’t reported to the police, the time limit of two years may begin from the date it’s reported. You should still report it as soon as you reasonably can.
If you are unsure of the time limit that applies in your case, why not reach out to our advisors? They give free legal advice.
Physical And Other Evidence You May Need
If you wish to make a sexual assault claim, the main action you need to take is to report the incident to the police if you haven’t already done so. When claiming through the CICA, they need the police crime reference number.
However, you may also be asked to provide a medical report. For example, if you have symptoms that are ongoing, the CICA may need proof. An independent medical professional would prepare the report and the process would be similar to the medical assessment part of a personal injury claim.
You can contact our excellent team of advisers today to have a chat about anything in this article.
Calculating Compensation For Rape Victims
The compensation table below includes the latest CICA figures to show how much compensation may be awarded for some injuries.
| Injury: | Further Information: | Notes: | Compensation: |
|---|---|---|---|
| Sexual Abuse Towards a Victim of Any Age | Severe | Penetrative acts (not penile) or oral-genital acts | £3,300 |
| Sexual Abuse Towards a Victim of Any Age | Diagnosed Mental Illness That’s Permanent and Results in Disability | Mental illness that’s severe | £27,000 |
| Penetration Without Consent Including a Penis to an Anus, Mouth, or Vagina | Diagnosed Mental Illness That’s Permanent and Results in Disability | Mental illness that’s moderate | £22,000 |
| Penetration Without Consent Including a Penis to an Anus, Mouth, or Vagina | Diagnosed Mental Illness That’s Permanent and Results in Disability | Mental illness that’s severe and internal bodily injury | £44,000 |
| Penetration Without Consent Including a Penis to an Anus, Mouth, or Vagina | Repetitive Incidents by One or More Attackers | Happens for up to three years | £16,500 |
| Penetration Without Consent Including a Penis to an Anus, Mouth, or Vagina | Repetitive Incidents by One or More Attackers | Happens for over three years | £22,000 |
| Sexual Assault Against Someone Under 18 or Who Lacks Mental Capacity | Serious | Repetitive pattern of sexual contact underneath clothing that doesn’t include penetration. | £3,300 |
| Sexual Assault Against Someone Under 18 or Who Lacks Mental Capacity | Oral-Genital or Non-Penile Penetrative acts (one or more). | Two or more incidents that are isolated. | £4,400 |
| Sexual Assault Against Someone Under 18 or Who Lacks Mental Capacity | Penile Penetration of One or More Anus, Mouth, or Vagina Without Consent. | An incident that occurs once with one or multiple attackers. | £13,500 |
| Sexual Assault Against Someone Under 18 or Who Lacks Mental Capacity | Penile Penetration of One or More Anus, Mouth, or Vagina Without Consent. | Severe internal bodily injuries. | £22,000 |
If you claim against the perpetrator directly rather than making a claim through the CICA, your compensation is based on general and special damages. The financial loss you have suffered due to the sexual assault may be awarded to you via special damages. On the other hand, the physical and mental injuries/psychological damage (for example, PTSD caused by assault) you sustain would be compensated through general damages.
Claims made via the CICA may result in compensation for rape victims for their injuries as well as special expenses. These compensate you for certain costs caused by the incident. However, the financial loss must be reasonable and necessary.
To receive special expenses, you must have:
- Lost earnings or earning capacity for more than 28 weeks; or
- Have been incapacitated in a similar way for more than 28 weeks.
You could also claim for loss of earnings. Loss of earnings compensation would be slightly different in terms of it not being backdated. However, you could claim for the loss of earnings endured from 29 weeks onwards after the sexual assault.
You can chat with our experienced team of advisers today to receive legal advice for free about compensation for rape victims. If you’re eligible for compensation, an adviser can connect you to a criminal injury solicitor from our panel to discuss working on a No Win No Fee basis.
Contact A Specialist Lawyer Today
Our panel of criminal injury solicitors are open to discussing No Win No Fee agreements with you. A No Win No Fee agreement occurs when you and your solicitor sign a contract stating the rules your lawyer must follow to receive payment.
Under such an agreement, you’re not required to pay your solicitor’s fees if your claim loses. If your claim wins, a legally capped percentage will be taken from your compensation by your lawyer.
If you’d like to talk about making a sexual assault claim, you can contact our expert team of advisers today. They can answer any queries you may have and offer you advice about your next steps.
An adviser from our team could then connect you to a criminal injury lawyer from our panel if your claim is valid. They can then discuss compensation for rape victims with you, and potentially take on your claim.
You can reach our team of advisers by:
- Calling them on 0800 408 7825 to receive legal advice for free.
- Using our contact us page to receive a response at your next availability.
- Chatting with an adviser on our live chatbox immediately.
Further Help After Rape Or Sexual Assault
What Are Special Damages In A Personal Injury Case? – Our guide explains what special damages compensate for.
Personal Injury Claims – Have you sustained an injury due to negligence? You may be able to make a claim.
How Does No Win No Fee Work When I Make A Claim? – Our article explores what a No Win No Fee agreement is and how it works.
Claim Compensation If You Were The Victim Of A Violent Crime – If you’ve been the victim of a violent crime, this link shows how you can apply for compensation.
Get Financial Support As A Victim Of Crime – This link discusses how you can be supported financially after suffering a violent crime.
Rape Crisis – Various rape crisis centres are run by this charity.
Thank you for reading our article about claiming compensation for rape victims.
Article by OA
Publisher UI