Can I Claim For Historical Sexual Assault?

This guide aims to provide guidance on the eligibility criteria to begin a claim through the Criminal Injuries Compensation Authority (CICA) for historical sexual assault.

The CICA is the executive agency that administers the Criminal Injuries Compensation Scheme. Sponsored by the Ministry of Justice, this publicly funded programme was established to compensate the victims of violent crimes.Fsexual

You will find information on what crimes the Scheme compensates for, as well as the relevant time limits for starting the claims process. We have also included examples of the historical abuse compensation you could be awarded from the Scheme tariff.

To conclude this guide, we have given a short overview of the type of No Win No Fee contract offered by our panel of specialist solicitors, and what advantages this gives to claimants.

Our advisors can provide free, confidential advice and can connect you with a solicitor who can help you make a CICA claim. To reach a team member, you can fill in our online “Contact Us” form to get a callback, use our live chat feature to speak to a team member in real-time or call the number given above.

historical sexual assault

Browse Our Guide 

  1. Can I Claim For Historical Sexual Assault?
  2. What Is Historic Abuse?
  3. Potential Compensation From Historical Sexual Assault
  4. What Do I Need To Claim For CICA Compensation?
  5. What Are The Benefits Of Claiming Historic Abuse Compensation Using Your Panel Of Solicitors?
  6. Learn More About Claiming Historical Abuse Compensation

Can I Claim For Historical Sexual Assault?

The Criminal Injuries Compensation Scheme was established with the aim of providing an avenue for victims of violent crimes to get some financial compensation for what they experienced. 

To begin a claim through the CICA for historical sexual assault, the eligibility criteria given here need to be met:

  1. You were the victim of a crime of violence.
  2. That crime happened in Great Britain (England, Scotland or Wales) or another relevant place. An example of a relevant place would be a ship registered in Great Britain.
  3. The crime was reported to the police. 

The perpetrator of the crime being convicted, or even identified, is not a prerequisite to making a CICA. Our advisors can provide further advice on the eligibility criteria to begin a CICA claim. Talk to our dedicated team using the contact details given above.

What Is Historic Abuse?

The NSPCC defines historic or non-recent abuse as instances where an adult was abused as a child or a young person under 18. Child sexual abuse is defined as the forcing or coercion of a child or young person into sexual activity.

The Sexual Offences Act 2003 states that a person commits sexual assault when they sexually touch another without consent. Historical sexual assault therefore is a sexual assault you experienced as a child that you are now beginning a CICA claim for as an adult.

How Long Do I Have To Claim For Historical Sexual Assault?

Claims made through the CICA are subject to a limitation period of two years in most cases. The time limit is generally counted from the date the incident was reported to the police. In cases where exceptional circumstances prevented you from reporting the crime, extensions can be granted.

For victims under the age of 18 when the crime occurred, such as in cases of historical sexual assault, any CICA claim must be made by your 20th birthday if the crime was reported while you were still a minor. For incidents reported after you turned 18, the two-year limit from the reporting date applies.

An amendment to the Scheme was brought in 2019, allowing for claims to be made against a family member living in the same household. The amendment imposed a deadline of 13th June 2021 to begin such a claim, accepting claims beyond this deadline is down to CICA discretion. This means you may still be eligible to claim through the CICA in cases of historical abuse.

Our advisors can provide further details on the limitation periods when claiming through the CICA for historical abuse. You can speak to our team via the details given above.

Potential Compensation From Historical Sexual Assault

The 2012 Scheme provides a fixed injury tariff, giving details on what injuries are compensated by the scheme and the amounts that are paid out in the event of a successful claim. You can see some examples of CICA payouts for historical sexual assault taken from the tariff in the table below. 

Compensation Table

The tariff amounts include compensation for physical as well as psychiatric harm, including the long-term effects of your injuries. Please note that the compensation amounts shown are fixed.

InjuryTariff AmountNotes
Sexual Assault Where Victim Is Under 18£33,000Repeated incidents over a period of 3 or more years of non-consensual penile penetration of vagina, anus or mouth resulting in serious internal injury and moderate mental illness.
£27,000Multiple incidents of non-consual penile penetration over a period of 3 or more years causing permanently disabling moderate mental illness.
£27,000One or more non-penile penetration or oral genital act(s). Repeated pattern of frequent incidents resulting in severe mental illness.
£22,000Repeated pattern of oral genital acts or non-penile penetration causing serious internal injury.
£3,300Pattern of repeat non-penetrative sexual acts under clothing.
Other payments£22,000Where the victim has contracted one or more of HIV, Hepatitis B or C.
£11,000Contraction of an STI other than HIV, Hepatitis B or C resulting in a permanent disability.
£5,500Where the victim has become pregnant as a direct result of the sexual offences.

In cases where the victim has sustained more than one injury, then the multiple injuries formula applies. The formula is applied as follows:

  • Highest value injury: 100% of the tariff amount.
  • Second highest or equal value: 30%.
  • Third highest or equal value: 15%.

Although the scheme does not award for more than 3 different injuries, additional compensation can be awarded in cases where you have contracted an STI, become pregnant or lost a foetus. 

Special Expenses In A CICA Compensation Claim

You could also be eligible to claim for costs incurred from the injuries you sustained. This is referred to as special expenses. In order to be eligible for special expenses payments, you need to demonstrate the payments are reasonable, necessary and not available to you free of charge from another source. 

Examples of costs you could receive a special expenses payments for are:

  • Costs relating to domestic care and support.
  • Administrative costs relating to the management of your affairs in cases where your mental capacity has been affected. 
  • Medical costs.

Other eligibility criteria are applicable to special expenses payments. To get further advice on claiming special expenses, as well as more information regarding the Scheme tariff, talk to our team today.

What Do I Need To Claim For CICA Compensation?

In order to begin a CICA claim for historical sexual assault, you will need to provide supporting evidence. We have compiled a list of evidence you could gather in support of your claim here:

  • The crime needs to have been reported in order to begin a CICA claim, so make sure you have your police reference number.
  • Medical evidence that shows you sustained injuries the Scheme can compensate for. Support for costs related to acquiring medical evidence can be provided.
  • Proof the crime occurred in Great Britain or another relevant place. 

You will not need to acquire proof the crime occurred in order to claim. The CICA will liaise with the police to obtain evidence such as witness testimony. One of the expert solicitors from our panel could support you in collecting evidence.

To learn about what evidence you could collect, as well as your eligibility to begin a claim, talk to our advisors using the contact information below.

What Are The Benefits Of Claiming Historic Abuse Compensation Using Your Panel Of Solicitors?

Our advisors can provide free, confidential advice on the CICA claims process as an assessment of your particular circumstances. One of the experienced solicitors from our panel could offer to take up your case under a Conditional Fee Agreement (CFA) if our advisors decide you have valid grounds to move forward with the claim.

A CFA, a specific type of No Win No Fee contract, presents claimants with considerable advantages over other types of contract, including no fees for the solicitor to start working on your case nor any fees for that work as your case progresses. You will also not pay for those services if the claim is unsuccessful.

However, if the claim is successful, you will be awarded compensation as per the Scheme Tariff. The solicitor will deduct a legally capped percentage of this amount before sending the compensation to you. This is called the success fees. What this means for you is that by beginning your claim under a CFA, the majority of the awarded compensation is yours to keep.

Our advisors can provide free, confidential advice on starting a CICA claim. To reach a team member, you can fill in our online “Contact Us” form to get a callback, use our live chat feature to speak to a team member in real time or call the number given above.

Learn More About Claiming Historical Abuse Compensation

See more of our guides on CICA claims:

External resources you may find helpful. 

Thank you for reading this guide on making a historical sexual assault claim through the CICA. Our dedicated team of advisors can provide free confidential advice, as well as a zero-obligation assessment of your eligibility to begin a claim. You can reach our team via the contact information given above.