This article will provide guidance regarding rape compensation claims. It will explain how you can claim compensation if you’ve been the victim of sexual assault. Sexual offences like this can result in you claiming compensation because of the pain, suffering and trauma caused by such criminal acts.
These kinds of claims can be made directly against the person who committed the offence; however, in order to do this, you would need to know who they are and they would need to have the assets to pay you compensation. The other option is to make a claim through the Criminal Injuries Compensation Authority (CICA). We will look at this in closer detail further on in this guide.
If you have any queries about making a criminal injury claim, please contact our team of advisors completely for free. They can deal with your claim in a caring and confidential manner, informing you of the appropriate claim methods and the amount of compensation you could receive. Furthermore, they can also connect you with one of the criminal injury solicitors from our panel who can represent you on a No Win No Fee basis.
Contact us 24/7 using the below details.
Continue reading if you want to know more about receiving compensation for rape or sexual assault.
Select A Section
- What Is The Definition Of Rape?
- Rape And Sexual Violence Statistics
- How Long After A Rape Could You Claim Compensation?
- Can You Make Rape Compensation Claims Before The Police Investigation Or Criminal Case Are Resolved?
- Rape Compensation Claims Calculator
- Starting Rape Compensation Claims
The Sexual Offences Act 2003 relates to criminal sexual acts in England and Wales after May 2004. Rape is committed when a person:
- Intentionally penetrates the vagina, mouth or anus of another person with his penis,
- Without consent from the other person
- In which the perpetrator does not reasonably believe that the other person is consenting.
Because of the definition in this Act, someone who does not have a penis cannot commit rape. However, if a female assists a male in committing this crime, they may be found guilty of rape.
Assault by penetration is where someone intentionally penetrates another person’s anus or vagina without consent. This penetration can be done with a body part or with an object; however, it must be sexual in order to be considered assault by penetration.
If you’d prefer to speak to someone confidentially about claiming compensation, please contact our team for free legal advice at a time that suits you. They’re understanding, knowledgeable and can tell you after a brief conversation if you could be eligible to receive compensation. Please get in touch with them using the above details to find out more about rape compensation claims.
What Legislation Applies To Rape Cases?
We’ve already mentioned The Sexual Offences Act 2003 to clarify what is meant by rape. If you’ve experienced a sexual offence before May 2004, the relevant pieces of legislation for England and Wales are The Sexual Offences Act 1956 and the Indecency With Children Act 1960.
These pieces of legislation may be relevant even though they apply to cases that occurred before 2004. This is because you can, in some situations, claim for historical sexual abuse. We will look at this in closer detail further on in this guide.
The Office for National Statistics relay sexual offence statistics as reported through the Crime Survey for England and Wales (CSEW). The most up-to-date statistics are for the year ending March 2020.
Main points relating to this survey include:
- Over the past fifteen years, the prevalence of assault by penetration or rape remained around 0.5% among the adult population aged 16 to 59.
- Estimates indicate that fewer than one in six females (16%) and one in five male (19%) victims of rape or sexual assault by penetration aged between 16 to 59 years report the incident to the police.
- As of March 2020, there were estimated to be 773,000 adults aged between 16 to 74 years who had been victims of sexual assault. There were almost four times as many women victims (618,000) as male victims (155,000).
Rape And Sexual Violence Statistics
Above is further information from the CSEW. This data shows the reported percentage of victim-perpetrator relationships regarding rape and penetrative assault. According to the survey, 33.8% of these offences were caused by a partner or ex-partner, while a victim’s friend committed 19.2%. 5.2% were committed by someone the victim was dating, while 3.8% were caused by a colleague or a peer at work.
If you’d like more information on rape compensation claims, get in touch with our team of advisors. Otherwise, read on for more information on the time limits that apply in these cases.
When you make a claim against the perpetrator directly, the usual three-year limitation applies to starting proceedings. This is set out in the Limitation Act 1980.
In cases where the criminal injury victim is a child or lacks the mental capacity to make a claim, the time limit is suspended. In the cases of child claims, it’s suspended until they turn 18. If someone lacks the mental capacity to claim, it is suspended indefinitely unless they regain their mental capacity, at which point the three-year time limit resumes.
The Criminal Injuries Compensation Authority is an executive agency created so that victims of violent crimes in England, Scotland and Wales can claim compensation. You can do this through the Criminal Injuries Compensation Scheme.
Generally, you have two years to claim through the CICA from the date you reported it to the police. The CICA does expect you to report violent crimes such as this to the police as soon after the incident as possible. This will usually be straight away; however, there are exceptional circumstances that could mean that you cannot report the incident to the police as soon as it happens, and the CICA may be able to consider these.
Historical Claims And Child Abuse
You can still make rape compensation claims for certain incidents outside the two-year time limit, such as historical sexual abuse and child abuse.
Suppose the incident or period of abuse occurred before you turned eighteen but was not reported to the police at the time. In that case, you could apply for compensation within two years of reporting the incident or abuse to them.
Furthermore, if the incident occurs before you turn eighteen and your parent or guardian reports it to the police, they can also claim on your behalf for compensation. If they don’t do so, then you have 2 years from your 18th birthday to make a claim.
Even if the incident occurred when you were an adult, you could claim outside the two-year time limit. To do so, however, you would need to show that exceptional circumstances prevented you from doing this within the two years.
Can You Make Rape Compensation Claims Before The Police Investigation Or Criminal Case Are Resolved?
You may wish to pursue compensation following a violent crime, but be concerned that you’re not able to do so because the person who committed the crime has not been identified or prosecuted. However, this is not the case.
When claiming through the CICA, there’s no requirement for the assailant to have been prosecuted. They don’t need to even have been identified. This is because the compensation does not come from the person who committed the crime, but from the government.
However, the crime does need to be reported to the police in order to claim. This is so that you have a crime reference number. The police will also need to confirm that you cooperated with their investigations.
To learn more about rape compensation claims, please contact our team of advisors at a time that works for you. They can answer any queries you have, tell you how to claim, and even provide you with an estimate of how much compensation you could receive. Contact them using the above details.
You can claim compensation through the CICA for both the physical and psychological damage caused by a violent criminal act. Below are examples of criminal injury payouts you may be able to receive. The amount of compensation is partly determined by the extent of your injuries.
|Type of Incident||Amount of Compensation||Description|
|Penile penetration of anus, mouth or vagina that is non-consensual||£11,000||This value is for if the attack was committed by one person.|
|Penile penetration of anus, mouth or vagina that is non-consensual||£13,500||This is for if there were two or more attackers.|
|Penile penetration of anus, mouth or vagina that is non-consensual||£22,000||This value is for if the attack led to internal bodily injuries that are very serious.|
|Penile penetration of anus, mouth or vagina that is non-consensual||£22,000||This is for if the attack led to a permanent and disabling mental illness that was moderate in nature confirmed by psychiatric prognosis.|
|Penile penetration of anus, mouth or vagina that is non-consensual||£27,000||This is for if the attack led to a permanent and disabling mental illness that was severe in nature confirmed by psychiatric prognosis.|
|Penile penetration of anus, mouth or vagina that is non-consensual||£33,000||The attack leads to both serious internal bodily injury and moderate, permanent and disabling mental illness.|
|Penile penetration of anus, mouth or vagina that is non-consensual||£44,000||The attack leads to both serious internal bodily injury and severe, permanent and disabling mental illness.|
|Penile penetration of anus, mouth or vagina that is non-consensual||£16,500||This amount is for a pattern of repetitive non-consensual penetrative incidents over a period of up to three years.|
|Penile penetration of anus, mouth or vagina that is non-consensual||£22,000||This amount is for a pattern of repetitive non-consensual penetrative incidents over a period of three years and over.|
|Pregnancy||£5,500||If, due to being the victim of a sexual offence, you become pregnant, this additional payment will also be awarded.|
Additionally, you can also claim for special expenses as part of the CICA claim. This can potentially cover any costs you have had to endure due to the injury. You can add special expenses onto your criminal injury compensation claim if:
- The injury means that you have lost earnings, or the ability to earn, for more than 28 weeks.
- The expense in question is reasonable and cannot be provided for free.
- As well as being necessary, the expense is also a direct result of the criminal injury.
Many special expenses, for example, damage to physical aids or the cost of care, can be backdated to the date of the accident. However, if you’ve experienced a loss of earnings, this will only be paid from week 29 onwards and will be paid at the Statutory Sick Pay (SSP) rate.
Furthermore, you would also need financial documentation, such as receipts or invoices, to confirm the value of the financial loss.
You may find it easier to claim using a solicitor than pursuing compensation without any legal representation at all. Our panel of solicitors are experienced in dealing with rape compensation claims, can assist with accruing evidence and can work your case under a No Win No Fee agreement.
This means that you would only pay for their legal services if your claim is successful. Additionally, their legal costs will be a small, legally capped amount taken from your compensation, meaning they won’t waste your time. They will only take your case if they feel you have a reasonably good chance of success.
If you’re not awarded compensation, there is nothing to pay your solicitor at all. You also won’t have to pay them anything in order to secure their services or as they work on your claim.
Our advisors can be contacted for free and offer legal advice that can help you determine if you’re able to claim. They will deal with your case in a compassionate and confidential manner. You can contact us on a no-obligation basis meaning that you don’t have to use our services to claim just from getting in touch. Furthermore, they can also connect you with a criminal injury solicitor from our panel who could help you receive compensation. Contact us using the below details.
Support Services And Related Claims
To learn more about services that could help you, please use the below links.
Rape Crisis offer support through Rape Crisis Centres across England and Wales. Learn more about the support they offer by visiting their website.
The NHS also provide help after rape and sexual assault.
Survivors UK offers support and therapy to men and non-binary people who have suffered from rape and sexual abuse.
Read this article on our website to know more about sexual assault and rape compensation claims.
Do you want to know how do you make a criminal injury claim? If so, please read this guide.
Get free support from our criminal injuries helpline. Please read this article to learn more about what we offer.
If you would like further information and guidance on a free and confidential basis, please contact our team to discuss any queries about rape compensation claims. Contact them 24/7 using the above details.
Guide by AU