This guide will explore when you could claim for the long term effects of sexual abuse.
There are different avenues through which you could proceed with your potential claim. For example, you could claim directly against the perpetrator or against another third party who is vicariously liable.
Alternatively, if they don’t have the funds to pay compensation or cannot be identified, you may be able to make your claim through the Criminal Injuries Compensation Authority (CICA).
However, for the purpose of this guide, we will be focusing on the process of claiming through the CICA.
Additionally, we will explore how a sexual abuse claims solicitor from our panel can assist by offering No Win No Fee services.
Whilst we have aimed to cover the information you need, we understand you may have further questions after reading. If so, you can get in touch with our team of advisors by:
- Calling the number at the top of the page
- Filling out the online contact form
- Talking to one of our advisors through our live chat feature
Choose A Section
- Can I Claim For the Long Term Effects of Sexual Abuse?
- Sexual Abuse Claims – Am I Eligible to Seek Compensation?
- What is the Time Limit to Make a Sexual Abuse Claim?
- Sexual Abuse – What Potential Compensation Could I Receive?
- Long Term Effects of Sexual Abuse – What Evidence Could Help You Claim?
- What are the Benefits of Using No Win No Fee Solicitors?
- Read More About Making Sexual Abuse Claims
Can I Claim For the Long Term Effects of Sexual Abuse?
Sexual abuse can cause several long-term physical and mental impacts, such as post-traumatic stress disorder, depression or anxiety. In addition, it could cause ongoing physical harm such as symptoms from a sexually transmitted disease has been contracted during the attack.
If a successful claim is made for the long term effects of sexual abuse, the compensation awarded can take the impact of the violent crime into consideration.
However, the compensation you are awarded may vary depending on the avenue you take to make a sexual abuse claim. We will explore this in more detail later on in this guide.
If you need any further advice or support with your potential claim, then get in touch with one of our advisors today.
Sexual Abuse Claims – Am I Eligible to Seek Compensation?
There are certain requirements that must be met in order to make a claim through the CICA. For example:
- You must have suffered an injury as a result of a violent crime. A crime of violence involves an attack, act or omission of violent nature that causes harm, a threat of attack, sexual assault or arson.
- The incident must have been reported to the police.
- The violent crime must have happened in England, Scotland, Wales or another relevant place.
- You must make your claim within the time limits set out in the Scheme.
Please note, the eligibility requirement for making a claim directly against the perpetrator or another liable party will differ. You can get in touch for more information. An advisor can discuss the avenues you can take to claim for the long term effects of sexual abuse.
What is the Time Limit to Make a Sexual Abuse Claim?
When making a claim via the CICA, you generally have two years from the date the incident was reported to the police. This is usually the date the incident occurred. You are normally expected to have reported the incident to the police straight away unless you have evidence that there were exceptional circumstances that prevented you from doing so.
There are also exceptions to the two year time limit in place for starting your claim. However, you need to prove that there were exceptional circumstances that prevent you from starting your claim within the given time frame. For example, if your mental health was severely impacted as a result of the violent crime and you didn’t have the capacity to begin a claim.
Additionally, there are exceptions to the time limit for victims of historical abuse, those who have suffered abuse as a child and wish to make a claim as an adult.
If you make your claim directly against the perpetrator or other third party, the time limit is generally three years from the date of the incident.
To learn more about the time limits for claiming compensation for the long term effects of sexual abuse, get in touch on the number above.
Sexual Abuse – What Potential Compensation Could I Receive?
The compensation you could receive when making a claim for the long term effects of sexual abuse can vary depending on the avenue you take to seek compensation. For the purpose of this guide, we have focused on what you could receive when claiming via the CICA.
After making a successful criminal injury claim, you will receive compensation for your injuries. The tariff of injuries outlined in the Criminal Injuries Compensation Scheme 2012 will be used to assign value to your injuries. We have included figures from the tariff in the table below.
Injury | Description | Compensation |
---|---|---|
Sexual assault where the victim is any age | Sexual assault that has resulted in serious internal bodily injuries. | £22,000 |
Sexual assault where the victim is any age | Penile penetration of one or more of the vagina, anus or mouth that is non-consensual by two or more attackers. | £13,500 |
Sexual assault where the victim is any age | A pattern of frequent and repetitive abuse that is severe over a period of up to 3 years. This can include one or more attackers. | £6,600 |
Sexual assault where the victim is any age | Severe non-penile penetrative acts or oral-genital acts. | £3,300 |
Sexual assault where the victim is any age | Serious non-penetrative sexual physical acts under the person's clothing. | £2,000 |
Sexual assault- the victim is a child | Penile penetration of the vagina, anus or mouth that is non-consensual that results in a severe mental illness that has been confirmed by psychiatric prognosis and a serious internal bodily injury. | £44,000 |
Sexual assault- the victim is a child | Sexual assault that has led to the person developing a severe mental illness that is permanent and disabling and has been confirmed by a medical professional. | £27,000 |
Sexual assault- the victim is a child | Repeated incidents over a period of 3 years or more of penile penetration of the vagina, anus or mouth that is non-consensual. | £22,000 |
Sexual assault- the victim is a child | Repeated incidents of penile penetration of the vagina, anus or mouth that is non-consensual and where there have been repeated incidents. | £16,500 |
Sexual assault- the victim is a child | One incident of penile penetration of the vagina, anus or mouth that is non-consensual. | £11,000 |
It’s important to note that you will only be compensated for a maximum of three injuries. For the most serious injury, you can receive 100% of the tariff amount. You can then receive 30% for the second most serious injury, and 15% for the third most serious injury.
However, you could receive other tariff payments. These may be awarded the injury or assault has led to you becoming pregnant or losing a foetus. They can also be awarded if you the injury or assault has led to you contracting a sexually transmitted disease.
What Other Losses Could I Claim For As Part Of A Sexual Abuse Claim?
In addition to receiving compensation for your injuries, you could claim back a loss of earnings. In order to do so, you must show you were unable to work for at least 28 full weeks after the incident.
For the first 28 weeks you can receive Statutory Sick Pay (SSP). As such, you will only receive compensation for loss of earnings for the 29th week and onwards.
You could also receive compensation for certain costs incurred as a result of your injury under special expenses. You must have lost earnings, the capacity to earn, or similar for more than 28 weeks. However, special expenses can be paid from the date of the injury.
Examples of special expenses include:
- Damage or loss of property or equipment that you relied on as a physical aid, such as walking sticks.
- Adaptations to your home.
To learn more about the compensation you could receive when claiming for the long term effects of sexual abuse, get in touch on the number above.
Long Term Effects of Sexual Abuse – What Evidence Could Help You Claim?
If you make a claim through the CICA, they may require:
- Proof that you meet the residency requirements
- Medical evidence highlighting that you sustained an injury that the Scheme can compensate for
- Evidence of financial losses
- Evidence that you reported the incident to the police
If you claim against a third party who is vicariously liable or directly against the perpetrator, you may need to provide other evidence to support your claim.
To learn more about the evidence required to make a criminal injury claim, get in touch on the number above.
What are the Benefits of Using No Win No Fee Solicitors?
The No Win No Fee solicitors from our panel may offer to represent your claim under a Conditional Fee Agreement (CFA). This means that you won’t be required to pay for their services if your claim fails.
If your claim succeeds, you will pay a success fee from your compensation. However, the law caps this amount.
To find out more about the services the solicitors from our panel could provide on this basis, get in touch using the number at the top of the page.
Contact Us For Free Today To Find Out If You Can Claim
We hope this guide on claiming compensation for the long term effects of sexual abuse has helped. However, we understand you may require further information. If so, you can contact our team of advisors for free legal advice and to discuss your potential claim.
For more information:
- Call us on the number at the top of the page
- Contact us via the online form
- Talk to one of our advisors through our live chat feature
Read More About Making Sexual Abuse Claims
Below, we have provided additional resources, as well as other guides we have written.
- Advice for sexual school abuse claims
- A guide to claiming compensation for sexual assault at work
- How much compensation could I claim for sexual abuse as a child?
- Crown Prosecution Service – Sexual Offences
- NHS – Help after rape and sexual assault
- NHS – Rape and sexual assault referral centre
For more information on claiming compensation for the long term effects of sexual abuse, please get in touch with our team on the number above.
Writer Lizzie Watson
Editor Meg Mulhern