In this guide, we will look at the criteria for claiming compensation for sexual abuse by your father. We will also discuss how a No Win No Fee agreement could provide a way to access the services offered by a solicitor without upfront fees.
Sexual abuse by your father claims guide
This guide will also discuss information that may be important to consider before claiming. For example, it contains guidance on the eligibility requirements that may apply, the time limits that could affect your potential claim, and the amount of compensation that could be awarded.
Read on to find out more about sexual abuse claims. Alternatively, you can call the number provided to be put in touch with an adviser who can discuss your circumstances with you. This consultation is free, and there is no obligation or pressure to begin a claim afterwards. Reach us by:
- Calling the number shown above
- Using our contact form to ask your questions
- Talking to an adviser using the chat box below
Choose A Section
- When Can I Claim For Sexual Abuse By My Father? – A Guide
- When Am I Eligible To Make A CICA Claim?
- What Compensation Could I Receive For Sexual Abuse By My Father?
- What Evidence Could Help In A Sexual Abuse Compensation Claim?
- Could I Seek Criminal Injuries Compensation On A No Win No Fee Basis?
- Learn More About Claiming For Sexual Abuse By Your Father
When Can I Claim For Sexual Abuse By My Father? – A Guide
Child sexual abuse involves forcing or tricking a child into performing sexual acts. Sexual abuse as a child could include one or more of the following:
- Using a body part or object to penetrate or rape a child. Rape is defined in the Sexual Offences Act 2003
- Touching a child, with or without clothes
- Forcing or coercing a child to perform sexual acts, such as oral sex
It is possible to claim historical abuse compensation. The term historical abuse refers to sexual abuse that happened to an adult while they were still a child.
There are three routes that may be open to individuals wishing to claim criminal injury compensation following sexual abuse by their father:
- Claiming against the perpetrator. This can be done when they can afford to pay compensation.
- Claiming against a vicariously liable third party. This may be possible if an organisation, such as social services, breached the duty of care they owed you, resulting in you suffering from sexual abuse.
- Claiming through the Criminal Injuries Compensation Authority (CICA). This can be done when there is no other route to claiming compensation. The CICA is a government-sponsored executive agency that can compensate victims of violent crimes.
We will now discuss the requirements for claiming sexual abuse compensation through the CICA. Talk to our advisers if you remain uncertain about which route to use for your potential claim.
When Am I Eligible To Make A CICA Claim?
The CICA requires potential claimants to fulfil certain eligibility requirements in order to receive compensation. For example, some of these requirements include:
- The crime must have been reported to the police as soon as possible.
- The crime must have occurred in England, Scotland, or Wales or another relevant place as defined by the CICA.
- The crime must fulfil the CICA’s definition of a ‘crime of violence’. This includes sexual assault.
The CICA may account for extenuating circumstances that meant you could not report the incident immediately after the event. If these circumstances apply, then parent sexual abuse claims may still be made even if the abuse was not reported for several years. Contact our team today for an assessment of the validity of your claim.
What Compensation Could I Receive For Sexual Abuse By My Father?
The CICA awards criminal injury compensation according to the tariff system found within their 2012 Scheme. A criminal injury compensation calculator could give you an idea of what these awards could include. Alternatively, we have included a table below showing some entries from this CICA tariff of injuries.
| Type of Injury | Tariff Amount | Notes |
|---|---|---|
| Non-Consensual Penile Penetration (Mouth, Vagina, and/or Anus) | £27,000 | Causes severe mental illness that is permanent and disabling. Confirmed by psychiatric prognosis. |
| Non-Consensual Penile Penetration (Mouth, Vagina, and/or Anus) | £22,000 | Causes moderate mental illness that is permanent and disabling. Confirmed by psychiatric prognosis. |
| Non-Consensual Penile Penetration (Mouth, Vagina, and/or Anus) | £11,000 | One attacker. |
| Sexual Assault | £22,000 | Oral genital or non-penile penetrative acts that are repetitive and frequent. Cause serious internal bodily injury. |
| Sexual Assault | £8,200 | Oral genital or non-penile penetrative acts that are repetitive and frequent. Occurs for a period of 3 years or more. |
| Sexual Assault | £6,600 | Oral genital or non-penile penetrative acts that are repetitive and frequent. Occurs for a period of up to 3 years. |
| Sexual Assault | £4,400 | Two or more isolated incidents of oral genital or non-penile penetrative acts. |
| Infection | £11,000 | Sexually transmitted infection other than HIV, Hepatitis B, or Hepatitis C. Permanent disability. |
| Infection | £5,500 | Sexually transmitted infection other than HIV, Hepatitis B, or Hepatitis C. Substantial recovery. |
| Pregnancy | £5,500 | Becoming pregnant. |
Speak to one of our advisers if you have questions about the figures in this CICA compensation table. They can answer questions about the long term effects of sexual abuse that you may be able to claim for.
Sexual Abuse Compensation – Special Expenses
Your claim could include payments for lost earnings and special expenses. The CICA will award these payments when specific criteria are met. In order to claim for special expenses, you must have lost earnings or the capacity to earn or been incapacitated to a similar extent for more than 28 weeks.
The kinds of financial losses that may be considered special expenses are:
- The cost of treatment, either from the NHS or another provider. If using another provider, the NHS would have had to charge the same amount of money to claim this financial loss.
- Care costs accrued to meet your bodily needs, such as if you need help preparing meals.
- Specially adapted equipment, for example, kitchen equipment, if your injuries mean you have an impaired grip.
In order to be reimbursed for these special expenses, they must be reasonable and necessary. Furthermore, they cannot be available free of charge from another source. If your claim includes an amount for special expenses, they will be backdated to the date of the injury.
Additionally, you may be able to claim for lost earnings. To do so, your injury must have been serious enough that you were completely unable to perform paid work or had a very limited capacity to do so for more than 28 full weeks. This will not be backdated to the date of the incident.
Contact our advisers for more detailed, personalised information about payouts for historical sexual abuse by your father.
What Evidence Could Help In A Sexual Abuse Compensation Claim?
The CICA may request to see certain pieces of evidence to support your claim. For example, they could ask to see:
- Evidence to show you meet the CICA’s residence eligibility requirements
- A crime reference number
- Medical evidence relating to the injuries you sustained
- Financial evidence relating to special expenses or lost earnings you may have accrued
In addition to producing certain pieces of evidence, you must begin your claim within the specified time limit. For claims made through the CICA, the time limit for starting a claim is within two years of reporting the crime to the police. Generally, an incident must be reported as soon as possible.
Talk to our advisers about time limits. There may have been extenuating circumstances that affected your situation, meaning that it was not possible for you to claim within the 2-year time limit or report the incident straight after it occurred. If these conditions do exist, your claim for compensation following sexual abuse by your father may still be considered even if it falls outside the specified time limits.
If you would like guidance on claiming for domestic sexual abuse committed by a family member, speak with one of our advisors today.
Could I Seek Criminal Injuries Compensation On A No Win No Fee Basis?
If you are considering seeking criminal injury compensation, a No Win No Fee solicitor could help you through the process of claiming.
The solicitors on our panel may be able to offer you a specific type of No Win No Fee agreement, called a Conditional Fee Agreement (CFA). Agreeing to the terms of a CFA means that, generally, you don’t have to pay your solicitor’s fees if your claim fails. You also usually don’t have to pay upfront in order to begin the claim.
Instead, your solicitor will take what is called a ‘success fee’ if your claim is successful. This will be taken from your compensation, and the amount that sexual abuse claims solicitors can take in this way is subject to a legal cap.
Want To Know If You Can Make A CICA Claim? Contact Us For Free Today
Contact our team of advisers if you have any questions about claiming compensation following sexual abuse by your father. This consultation is free and can be done whenever is most convenient for you, 24/7. Reach out to us by:
- Calling the number shown above
- Using our contact form to ask your questions
- Talking to an adviser using the chat box below
Learn More About Claiming For Sexual Abuse By Your Father
Other guides may be of use:
Advice For Sexual School Abuse Claims
How Much Can I Claim For Sibling Sexual Abuse?
A Guide To Claiming Compensation For Sexual Assault At Work
Further links with useful information:
Sexual Offences – Crown Prosecution Service (CPS) resource about charging an individual with sexual offences
Help After Rape And Sexual Assault – NHS information about the help available after experiencing rape or sexual assault
Victim Support – Charity that provides a safe, neutral space for those who have experienced violent crime to discuss what they’ve been through
Thank you for reading this guide about claiming compensation after experiencing sexual abuse by your father. Our advisers are available to answer questions you may still have; contact them using the details above.
Writer Morgan Fey
Publisher Fern Scrimshaw
