This guide examines when you could start a claim for sexual abuse by a grandparent. Whilst there are several ways a criminal injury claim could be made, such as directly against the perpetrator, we will focus on providing guidance on claiming through the Criminal Injuries Compensation Authority (CICA).
Can I Claim For Sexual Abuse By A Grandparent?
The CICA is an executive agency sponsored by the Ministry of Justice set up to compensate those who have suffered physical or mental injuries due to crimes of violence. They administer the Criminal Injuries Compensation Scheme 2012, a government-funded programme that aims to compensate the victims of crimes of violence.
We will set out the eligibility criteria to make a CICA claim for sexual abuse. You will also find information on the time limitation period for making a claim, the compensation you could be entitled to and what evidence you can use to support your potential claim.
The final section of this guide provides a brief explanation of the benefits of pursuing your claim on a No Win No Fee basis with a specialist sexual abuse claims solicitor from our panel.
Our team can help with any queries you have regarding a potential claim. You can speak to one of our advisors by:
- Completing our online “Contact Us” form, and a member of the team will call you back.
- Speaking to an advisor via the live chat function below.
- Calling the number above.
Select a Section
- When Am I Eligible To Claim For Sexual Abuse By A Grandparent?
- Time Limits When Making A CICA Claim
- Potential Compensation For Historic Abuse
- What Do I Need To Claim Criminal Injury Compensation Through The CICA?
- Can I Claim For Sexual Abuse By A Grandparent With A No Win No Fee Solicitor?
- Learn More About Making A CICA Claim
When Am I Eligible To Claim For Sexual Abuse By A Grandparent?
As mentioned above, the CICA was set up to compensate victims of crimes of violence in Great Britain. The Scheme is intended as a last resort, meaning you should claim through a different avenue if you are able to do so.
Although there are eligibility criteria to start a CICA claim, the perpetrator being convicted or even identified is not required.
The eligibility criteria to start a claim through the CICA following sexual abuse by a grandparent are as follows:
- You were the victim of a crime of violence.
- 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.
- The crime was reported to the police.
- You are within the relevant time limit.
For further guidance on the criminal injury claims eligibility criteria, please contact an advisor on the number above.
Time Limits When Making A CICA Claim
Generally, CICA claims are subject to a two-year time limit. If you were an adult at the time of the incident, this is typically counted from the date of reporting the incident. If there is a delay in reporting, the time limit could be extended in some instances, such as where exceptional circumstances prevented you from making the claim.
If you were under 18 at the time of the incident, a claim through the CICA must be submitted by your 20th birthday provided the incident was reported to the police before you turned 18. Alternatively, if the incident was reported to the police on or after your 18th birthday, the claim needs to be submitted within two years of when the incident was first reported to the police.
In 2019 an amendment was made to the Scheme, allowing for claims to be made against family members living under the same roof. A claims deadline was imposed for 13th June 2021. However, the CICA can exercise their discretion in allowing claims beyond this deadline, meaning that you may still be eligible to claim historical abuse compensation.
For more detailed guidance on the time limits that apply to criminal injury claims, contact our advisors today using the information provided below.
Potential Compensation For Historic Abuse
The 2012 Scheme provides a tariff of injuries detailing compensation amounts awarded following a successful claim. The tariff includes amounts for both physical and mental harm caused by sexual abuse.
We have used the tariff figures in our table of payouts for sexual abuse. It is important to note that the amounts in the Scheme Tariff are fixed.
Compensation Table
| Injury | Tariff Amount | Notes |
|---|---|---|
| Sexual Offence (Under 18) | £44,000 | Non-consensual penile penetration of the vagina, anus, and/or mouth causing serious bodily internal injuries and permanently disabling severe mental illness confirmed by psychiatric prognosis. |
| £27,000 | Non-consensual penile penetration of the vagina, anus, and/or mouth resulting in severe and permanently disabling mental injury confirmed by psychiatric prognosis. | |
| £22,000 | Repeated pattern of frequent sexual assault involving non-penile penetrative and/or oral genital acts causing serious internal injuries. | |
| £16,500 | Repeated incidents of non-consensual penile penetration of the vagina, anus, and/or mouth for up to 3 years. | |
| £11,000 | One incident of non-consensual penile penetration of the vagina, anus, and/or mouth. | |
| Other Payments | £5,500 | Infection with an STI other than HIV, Hepatitis B or Hepatitis C where a substantial recovery has taken place. |
| £11,000 | Permanent disability resulting from an STI other than HIV Hepatitis B or Hepatitis C. | |
| £22,000 | Infection with HIV, Hepatitis B and/or Hepatitis C. |
The multiple injuries formula can apply in cases including multiple injuries. This means you will be awarded 100% of the tariff amount for the injury with the highest value, 30% for the next highest or equal value, and then 15% for the third highest or equal value.
The Scheme does not award compensation for more than 3 injuries. However, if you contracted a sexually transmitted infection, lost a foetus, or became pregnant because of the abuse, you can receive an additional tariff payment.
Additional Payments In A CICA Compensation Claim
You may also receive compensation for costs incurred from the injuries sustained from the abuse. This is known as special expenses. We have detailed some possible examples here:
- Administrative costs relating to the management of your affairs if your mental capacity has been affected.
- Costs for care.
It’s important to note that in order to qualify for a special expenses payment, the expense must be necessary, reasonable and unavailable for free elsewhere. There are other eligibility criteria that must be met in order to receive this payment.
You could also receive a loss of earnings payment if you were unable to work as a direct result of the criminal injury. However, there are requirements that need to be met in order for you to qualify for this payment.
For further advice on special expenses and loss of earnings payments, please contact our dedicated team of advisors today. They can also provide further guidance on compensation payouts for sexual abuse by a grandparent, including how they are calculated and what you could be entitled to.
What Do I Need To Claim Criminal Injury Compensation Through The CICA?
To begin a claim through the CICA following sexual abuse by a grandparent, supporting evidence will need to be provided. Evidence may include:
- Your police reference number from when the crime was reported.
- Medical evidence showing your injuries can be compensated under the Scheme.
- Proof you meet the residency requirements.
A solicitor from our panel might be able to assist you in gathering evidence to support your criminal injury claim. They have experience handling sexual abuse claims and can guide you through the different stages of the legal process.
If you would like to find out whether you’re eligible to work with a solicitor and to learn more about the services they can offer, call our team on the number above.
Can I Claim For Sexual Abuse By A Grandparent With A No Win No Fee Solicitor?
Contact our advisors for further guidance on starting a CICA claim for sexual abuse by a grandparent. One of the solicitors from our expert panel could offer to take your claim under a Conditional Fee Agreement (CFA) if it is decided you have valid grounds to start the claims process. A CFA is a type of No Win No Fee contract that offers claimants considerable benefits such as:
- No upfront fees for the solicitor to begin work on your case in most cases.
- No fees for that work during the claims process itself.
- No fees for any completed work by your solicitor in the event your claim is unsuccessful.
Compensation per the Scheme tariff will be awarded following a successful CICA claim. While your solicitor will take a percentage of this compensation as their success fee, that percentage is subject to a legally binding cap. Therefore, the majority of awarded compensation will go to you.
Our team can help with any queries you have regarding a potential claim. You can speak to one of our advisors by:
- Completing our online “Contact Us” form, and a member of the team will call you back.
- Speaking to an advisor via the live chat function below.
- Calling the number above.
Learn More About Making A CICA Claim
See some of our other CICA claims guides here:
- Read our guide on claiming for sexual abuse after reporting it years later.
- Find out more about making a claim for domestic sexual abuse.
- Learn more about claiming for a sexual assault at work.
External resources you may find useful:
- The NHS has published guidance on getting help after a sexual assault that you can view here.
- See this resource from the Government on reporting a sexual assault.
- Find out more about the non-profit organisation Victim Support and the support they could offer.
We appreciate you taking the time to read our guide on making a CICA claim following sexual abuse by a grandparent. Our team can provide free advice as well as an assessment of your particular circumstances without charge. Talk to one of our advisors via the contact information given above.
