Is There A Scheme To Pay Compensation For Sexually Abused Victims?

Welcome to our guide on compensation for sexually abused victims. This article focuses on the eligibility for receiving sexual abuse compensation and how to make a claim.

Compensation for sexually abused victims UK

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

  1. What Compensation For Sexually Abused Victims Is Available?
  2. Who Could Apply To The Criminal Injuries Compensation Scheme?
  3. Are There Other Ways To Claim Compensation?
  4. Types Of Abuse You Could Claim For
  5. Calculating Compensation For Sexually Abused Victims
  6. 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. 

Eligibility To Claim Through The Criminal Injuries Compensation Scheme

Only those who have sustained injuries due to a “crime of violence” can be considered eligible to receive compensation through this scheme. According to the CICA, a crime of violence can include:

  • Physical attacks
  • An act (or failure to act) that is violent and causes someone to be physically injured
  • Threats against a person that cause them to reasonably fear immediate violence
  • Sexual assault
  • Arson

However, you would only be able to claim compensation if you were injured as a result. You can be compensated for harm caused to your mental health as well as physical injuries. 

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. 

Civil Claims

You can make a claim against the perpetrator directly. However, in order to do this, they would need to be identified.

In addition to this, they would need to have the assets available to compensate you.

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.

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

The Criminal Injuries Compensation Scheme has its own tariff for injuries sustained by victims of criminal acts. Each injury has a monetary value assigned to it. This is what is awarded if your claim is successful.

Whilst you can claim for more than one injury, only the one with the highest monetary value is awarded at the full rate listed in the tariff. However, the 2nd and 3rd most valuable injuries can also be claimed at 30% and 15% of their respective values.

We have included a table below that includes some potential CICA payouts. They are taken from the Criminal Injuries Compensation Scheme. 

Awarded ForDescriptionAmount
Sexual assaultMinor - sexual act(s) of a non-penetrative nature over clothing£1,000
Sexual assaultSerious - sexual act(s) of a non-penetrative nature under clothing£2,000
Sexual assaultSevere - oral/genital acts or a non-penile penetrative act£3,300
Sexual assaultWhen 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
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
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
Sexual assaultTwo or more isolated incidents of the oral/genital penetration of a child or an adult unable to give consent£4,400
Sexual assaultA pattern of penetrative acts against a child that results in severe mental illness£27,000
Sexual assaultOne incident of a child being penetrated by a penis in one or more of the anus, vagina, or mouth£11,000
Sexual assaultOne 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

As well as this tariff, there is also a separate tariff for if the victim of sexual abuse contracts a sexually-transmitted disease, becomes pregnant, or loses a foetus as a result of an attack. However, these injuries aren’t subject to the multiple injury reduction formulae mentioned above. 

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, call our advisors today. They could 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.

  1. Help after rape and sexual assault – an NHS guide.
  2. How to spot signs of child sexual abuse.
  3. Find support in your area if you have been the victim of abuse and/or rape – The Survivor’s Trust
  4. More information on help and compensation for rape victims.
  5. What are the indicators of sexual abuse?
  6. Find out how to claim for cases of historic sexual abuse.

Thank you for reading our guide on compensation for sexually abused victims.

Article by AI

Publisher ET