This guide contains information about how to claim compensation after experiencing sexual abuse from your husband. We will explain important information about making a claim through the Criminal Injury Compensation Authority (CICA), such as the factors that make you eligible, the time limits that may apply, and the evidence you may be asked to provide.
Sexual abuse by husband claim guide
We will also discuss how a criminal injuries claim could benefit from the assistance of a No Win No Fee solicitor. An experienced solicitor could ease the process of claiming compensation.
Read on if you want to know more about sexual abuse claims. Additionally, you can contact an adviser to speak to someone directly. Our team is available 24/7, and the consultation is free. To learn more, reach us by:
- Completing the form on our contact us webpage
- Getting in touch using the provided phone number
- Talking to an adviser using the live chat box onscreen now
Choose A Section
- A Guide To Claiming For Sexual Abuse By Your Husband
- When Are You Eligible To Make A Claim Through The CICA?
- Sexual Abuse By Your Husband – Evidence That Could Help You Claim
- Criminal Compensation Payouts – What You Could Receive
- Could You Make A No Win No Fee Criminal Injury Compensation Claim?
- Learn More About Claiming For Sexual Abuse By Your Husband
A Guide To Claiming For Sexual Abuse By Your Husband
If you have experienced sexual abuse from your husband, it may be possible to claim compensation for your injuries. There are numerous sexual offences that are outlined by the Crown Prosecution Service (CPS).
- Being raped as it is defined in the Sexual Offences Act 2003
- Sexual assault, which is any non-consensual intentional sexual touching.
- Assault by penetration. This is where someone intentionally penetrates the mouth, anus or vagina of someone without consent with a body part or an object.
In the next section, we will discuss some of the ways you may be able to seek compensation. In the meantime, you can always call our team of advisers if you have questions. Our advisers are available 24/7 and can offer free legal advice about how to claim compensation for sexual abuse by your husband.
When Are You Eligible To Make A Claim Through The CICA?
There are three routes through which a criminal injury claim could be made. The first method involves making a criminal injuries claim directly against a perpetrator. This is only an option if the individual has enough assets to pay compensation.
The second method might be possible if a third party was vicariously liable for your injuries. This could be the case if an employer failed to take action after several complaints were made about an employee’s behaviour and, afterwards, a co-worker experienced sexual assault at work.
The third method is available if there is no other potential method of claiming compensation. It involves directing your claim through the CICA, a government organisation established to provide compensation to the victims of violent crime.
To claim sexual abuse compensation from the CICA, you must meet several criteria, such as:
- You must be the direct victim of a crime of violence, as defined by the CICA Scheme 2012. Sexual assault is included in the CICA’s definition of a violent crime.
- The incident must have occurred in England, Wales, Scotland or another relevant location, such as a boat registered in one of those same countries.
- The crime must be reported to the police as soon as possible. Normally this means immediately after the event, but the CICA may allow for extenuating circumstances that mean you could not report the incident straight away.
If you’d like any more guidance on the criteria mentioned above, we invite you to get in touch with our team. They can listen to your individual circumstances and offer guidance about extenuating circumstances, relevant locations, and how sexual abuse by your husband could be compensated through the CICA.
Sexual Abuse By Your Husband – Evidence That Could Help You Claim
If you choose to claim after you have been abused by your husband, the CICA may request certain pieces of supporting evidence. These could include:
- Evidence to show you meet their nationality and residency criteria
- Medical evidence regarding the injuries you sustained
- A police reference number showing you reported the crime
The CICA will liaise with the police on various aspects of the crime that took place. For example, they will confirm with the police that you cooperated with their investigation and whether you have any unspent criminal convictions that could affect the amount you’re awarded or could see an amount withheld altogether.
Is There A Time Limit For Receiving Sexual Abuse Compensation?
You need to report the incident to the police as soon as possible, which, as previously mentioned, is usually immediately after the event. Afterwards, you generally have two years to begin a claim through the CICA.
However, if extenuating circumstances apply that mean you could not start your claim within 2 years of the incident being reported, then your claim could still be considered.
Contact our team of advisers and discuss your circumstances. They can offer advice about the likelihood of your potential claim being accepted by the CICA.
Criminal Compensation Payouts – What You Could Receive
A successful claim will include compensation for your injuries, which could include the long-term effects of sexual abuse. This will be awarded according to the CICA’s tariff of injuries, found in the Criminal Injuries Compensation Scheme 2012.
Below, we’ve created a table that shows some of the entries found in the CICA tariff.
| Criminal Injury Sustained | The CICA Tariff Amount | Injury Notes |
|---|---|---|
| Penile Penetration, Non-Consensual (Mouth, Vagina, and/or Anus) | £44,000 | Results in serious internal bodily injuries and severe mental illness that is permanently disabling. |
| Penile Penetration, Non-Consensual (Mouth, Vagina, and/or Anus) | £33,000 | Results in serious internal bodily injuries and moderate mental illness that is permanently disabling. |
| Penile Penetration, Non-Consensual (Mouth, Vagina, and/or Anus) | £27,000 | Results in severe mental illness that is permanently disabling. |
| Penile Penetration, Non-Consensual (Mouth, Vagina, and/or Anus) | £22,000 | Results in moderate mental illness that is permanently disabling. |
| Penile Penetration, Non-Consensual (Mouth, Vagina, and/or Anus) | £22,000 | Results in serious internal bodily injuries. |
| Penile Penetration, Non-Consensual (Mouth, Vagina, and/or Anus) | £22,000 | Pattern of incidents by one or more attackers that occurs for more than 3 years. |
| Penile Penetration, Non-Consensual (Mouth, Vagina, and/or Anus) | £16,500 | Pattern of incidents by one or more attackers that occurs for up to 3 years. |
| Penile Penetration, Non-Consensual (Mouth, Vagina, and/or Anus) | £13,500 | Two or more attackers. |
| Penile Penetration, Non-Consensual (Mouth, Vagina, and/or Anus) | £11,000 | One attacker. |
| Infection | £11,000 | Infection with HIV, Hepatitis B or Hepatitis C that results in permanent disability. |
You may claim for up to three injuries from this tariff. The most highly-valued injury will attract 100% of the tariff amount, while the second most highly-valued injury (or injury with an equal value) will attract 30% of the tariff amount, and the third most highly-valued (or injury with an equal value) will warrant 15% of the amount in the Scheme.
Certain injuries are not subject to the multiple injury formula described above. If you contracted a sexually transmitted infection, became pregnant, or lost a foetus as a result of sexual abuse by your husband, you may receive awards for these injuries from a separate tariff and these injuries will not be reduced.
Special Expenses When Seeking Criminal Injury Compensation
A second head of claim may help to reimburse you for special expenses. However, to receive this head of claim you must have lost earnings, the capacity to earn, or been similarly incapacitated for at least 28 full weeks after the incident.
The special expenses you may be reimbursed for include:
- Physical aids damaged during the incident. This could include items like spectacles and prosthetic limbs
- Cost of treatment from the NHS or another healthcare provider if they would charge the same amount as the NHS
These expenses must be reasonable, necessary and unavailable for free from another source. This head of claim is backdated to the date the incident occurred.
If you have been unable to work for at least 28 full weeks, you may also be able to claim for lost earnings. This would be paid out from week 29 onwards.
Contact our advisers if you have questions about criminal injury compensation and the factors that may affect CICA payouts.
Could You Make A No Win No Fee Criminal Injury Compensation Claim?
If you have experienced abuse from your husband and are seeking criminal injuries compensation, No Win No Fee solicitors allow you to hire legal representation without paying costs upfront.
The sexual abuse claims solicitors on our panel may be able to offer you a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
Using this agreement means you usually do not have to pay for their services if your claim fails. Nor do you generally have to pay a solicitor’s fees upfront in order to begin the claim or during the claims process itself.
Instead, the solicitor would take a success fee from the compensation you are awarded. The amount they can take is subject to a legal cap.
Contact Us For Free To See If You Can Receive Sexual Abuse Compensation
You do not need a lawyer in order to claim compensation. However, their expertise and experience could help you build and present your case. Contact our advisers to learn more about how the services of a solicitor could help. The consultation is free and there is no obligation to continue using our services afterwards. You can contact us by:
- Completing the form on our contact us page
- Getting in touch using the provided phone number
- Talking to an adviser using the live chat box onscreen now
Learn More About Claiming For Sexual Abuse By Your Husband
Please find below more guides that may help:
Can I Claim Compensation For Historical Abuse?
How Much Can I Claim For Sibling Sexual Abuse?
Advice For Sexual School Abuse Claims
We have also provided related third-party resources:
Victim Support – An independent charity that can provide support to the victims of violent and traumatic incidents
Sexual Offences in England and Wales– An overview of statistics relating to sexual offences from the Office for National Statistics
Report A Rape Or Sexual Assault – Government information about reporting rape and sexual assault
Thank you for taking the time to read this guide about claiming compensation after experiencing sexual abuse by your husband. Our advisers can answer any questions you may still have; just contact us using the details below.
Writer Morgan Fey
Publisher Fern Scrimshaw
