At Public Interest Lawyers, we fully understand that making a rape compensation claim often brings about many questions about what is involved in the process. That’s why we’ve created this comprehensive guide to making a criminal injury claim.
We will provide information on key areas, including how to claim, what evidence will need to be submitted, and how compensation is calculated. You will also see a table showing how payouts in criminal injury compensation claims are valued.
In our final section, we examine the No Win No Fee contract offered by our expert panel of highly knowledgeable and experienced criminal injury solicitors.
Our advisory team is available 24 hours a day to provide further guidance, answer your questions, and assess your eligibility to claim for free. Get started using the following information:
- Call us on 0800 408 7825.
- Contact us online.
- Or, open the live chat window on your screen.
Select A Section
- Can I Claim For Rape Compensation?
- How Much Compensation Could The CICA Scheme Help Me Get?
- Can I Claim For Financial Losses Too?
- How Could Rape Compensation Help Me?
- What Do I Need To Start My Claim?
- How Long Can I Expect Until My Claim Is Settled?
- Do I Need A Solicitor To Make A CICA Rape Claim?
- Further Support For Victims Of Rape
- More Information
Can I Claim For Rape Compensation?
You can claim rape compensation through the Criminal Injuries Compensation Authority (CICA). The CICA is a government-funded agency that was established to provide victims of violent crimes with a means of claiming compensation. This is done through their administration of the Criminal Injuries Compensation Scheme 2012.
In order to make a criminal injury claim, you will need to show the following:
- You were harmed in a crime of violence that is compensated by the Scheme 2012.
- The crime occurred in Great Britain or another relevant place, such as a British ship.
- The crime was reported to the police.
- The claim has been filed within 2 years of the rape (unless there is an exceptional reason for a delay).
Does The Assailant Have To Have Been Convicted For Me To Claim?
The person or persons responsible for the crime do not have to have been convicted or even identified for a criminal injury claim to be made. While the CICA will coordinate with the police as part of the claims process, their assessment of your case is completely independent.
Can I Claim For Historical Abuse?
Yes, you can claim for historical abuse. Typically, the CICA require that the crime be reported straight away and that any claim is submitted within 2 years of the rape. However, where exceptional circumstances prevented you from reporting the crime straight away or seeking compensation, the CICA can use their discretion for these historical claims on a case-by-case basis.
The CICA’s time limit works somewhat differently if the rape survivor was a child. In such cases, they have:
- Until their 20th birthday to begin a claim if they reported the rape to the police (and did not have someone with parental responsibility file on their behalf before they turned 18).
However, if a report wasn’t made at the time of the rape, then the 2-year window would apply from the date that they notified the police after turning 18.
What this means is it is always beneficial to seek advice regardless of when the crime actually occurred. Our advisors are available 24 hours a day and can be reached using the contact information provided in this guide.
How Much Compensation Could The CICA Scheme Help Me Get?
Compensation for non-consensual penile penetration that causes serious internal injury is set at £22,000. The CICA pays out in line with the Criminal Injuries Compensation Scheme 2012, a fixed tariff for violent crimes. We have used these tariff amounts, except for the first entry, in the table below.
Compensation Table
Please be advised that the amounts given in this table are fixed, and both the physical and psychological effects of the criminal injury are considered.
| Type of Injury | Severity | Compensation Figure |
|---|---|---|
| Multiple Very Severe Injuries with Special Expenses | Very Severe | Up to £500,000 |
| Non-Consensual Penile Penetration | Serious Internal Injury + Severe Permanent Mental Illness | £44,000 |
| Serious Internal Injury + Moderate Permanent Mental Illness | £33,000 | |
| Repetitive Incidents Up To 3 years | £16,500 | |
| 2 or More Attackers | £13,500 | |
| Sexual Assault | Severe Permanently Disabling Mental Illness | £27,000 |
| Moderate Permanently Disabling Mental Illness | £22,000 | |
| Serious Internal Injury | £22,000 | |
| Other Payments | Infection with HIV, Hepatitis B or C | £22,000 |
| STI other than HIV, Hepatitis B or Hepatitis C | £11,000 |
If more than one injury has been sustained, then the CICA will value your claim as per the multiple injuries formula. This means you will receive:
- 100% of the tariff amount for the highest value injury.
- 30% for the second highest.
- 15% for the third highest.
A CICA claim will compensate up to 3 injuries. However, payouts from a separate tariff not affected by the formula can be awarded if the violent crime has resulted in pregnancy, a loss of the foetus, or the contraction of an STI.
To find out if you’re eligible to claim or to discuss compensation, contact our advisors today for a free and strictly confidential assessment.
Can I Claim For Financial Losses Too?
You can claim for certain financial losses when seeking rape compensation. These are referred to as special expenses and must meet certain requirements. In particular, you’ll need to show that any costs you’re claiming are reasonable, necessary, and result directly from the violent crime. You also cannot claim for anything that is available for free elsewhere.
Examples can include:
- Personal aid equipment that was damaged or broken during the crime, such as glasses, hearing or mobility aids.
- Home modifications or equipment to help with your injuries, like access ramps or a modified car.
- Care relating to bodily functions or food preparation, as well as other domestic assistance if you cannot carry out these tasks safely by yourself.
- The cost of managing your affairs if mental capacity has reduced.
It is also possible to claim for a loss of earnings, but as with special expenses, certain eligibility requirements will apply. You can find out more about claiming compensation for financial losses by speaking to our dedicated team today.
How Could Rape Compensation Help Me?
On a practical level, any payout could be used for medical care, therapy, and other support, as well as to help you return to your daily life. Receiving compensation may also provide a level of closure to survivors of such crimes and potentially restore a sense of control over their lives.
You can discuss claiming compensation further by speaking to one of our advisors today.
What Do I Need To Start My Claim?
To start your claim, you will need to provide the CICA with:
- Your crime reference number. This is why it is vitally important the crime is reported to the police.
- Proof that you meet the residency requirements.
- Medical evidence showing what harm you suffered and its impact on you.
If you are claiming for a loss of earnings or special expenses, then you’ll also need to provide evidence of these costs as well. Make sure you keep hold of any payslips, receipts for purchases, care invoices, and other such documents.
You don’t need to worry about proving the crime occurred since the CICA will liaise with the police to acquire that evidence.
A solicitor from our expert panel could help you assemble a body of supporting evidence. Talk to us today to find out more about their work and get a free eligibility check from our advisory team.
How Long Can I Expect Until My Claim Is Settled?
How long a CICA claim takes to settle is highly dependent on its individual circumstances. While the CICA states they try to resolve claims within 12 months, there is no guaranteed timeframe, and more complex cases may take longer. You may find your claim influenced by factors like:
- Whether the CICA requires further information from you or a third party, such as the police.
- If there are delays in responding to the CICA.
- An unclear prognosis for recovery, or you are still receiving medical treatment.
If you would like more information about claim timeframes, please reach out to our team today.
Do I Need A Solicitor To Make A CICA Rape Claim?
You do not need a solicitor to make a CICA rape claim, but getting help is certainly advisable. At Public Interest Lawyers, our team fully understands that it is never an easy decision for survivors of rape to seek compensation. That’s why our panel of highly experienced criminal injury lawyers operate at the very highest standards of professionalism and discretion.
Our panel of expert solicitors can offer eligible claimants beneficial No Win No Fee terms with a particular type of arrangement called a Conditional Fee Agreement (CFA). The CFA comes with advantages that include:
- Not having to pay any fees for the solicitor to start work on your claim.
- There will also be no fees for this work during the claims process itself.
- Lastly, should the claim fail, you will not have to pay any fees.
While the solicitor will receive a success fee from your compensation, most of whatever is paid out is yours to keep. That is because The Conditional Fee Agreements Order 2013 imposes a binding cap on the percentage taken.
Contact Our Advisors
If you are ready to get started or would like more information, you can contact our advisory team at a time that is most convenient for you. They are available 24/7 using the contact information given here:
- Call us on 0800 408 7825.
- Contact us online.
- Or, open the live chat window on your screen.
Further Support For Victims Of Rape
There are many organisations that provide further support for victims of crime, including sex crimes, within the UK. We have provided details for some of these below:
- The NHS: Can provide a range of services, including medical care, to provide help after a rape.
- The Male Survivors Partnership: A collaboration between multiple agencies that offers help to male survivors of sexual violence.
- Rape Crisis: A charity in England and Wales that provides specialist services to survivors of sexual violence and abuse.
More Information
You can read some more of our criminal injury claims guides here:
- Find out what you could claim for a broken jaw after an assault.
- Use our criminal injury compensation calculator.
- Check if you could claim grievous bodily harm compensation.
We have also provided these external resources for further information:
- An NHS directory of rape and sexual assault referral centres.
- Government advice on how to report rape.
- See the latest CICA statistics on the government website.
Thank you for taking the time to read this guide to claiming rape compensation. You can find out if you are eligible to claim by talking to our advisory team today.
