Can I Claim Against My Brother For Sexual Abuse?

If you have endured sexual abuse by your brother and are looking to seek compensation, our guide can help you. We explore what sexual abuse is and the eligibility criteria surrounding these claims. 

Additionally, we’ll examine key information regarding the Criminal Injury Compensation Authority (CICA), the evidence you must provide, and how long you have to start the claims process. 

We also explore the compensation you could be entitled to in a successful claim and how a No Win No Fee solicitor could help you receive such a payout. 

Above all, you can find important information on our claims service and how our panel of solicitors can help you get the justice and compensation you deserve.

If you’d like to make a sexual abuse claim today, you can contact us today. We’re available 24 hours a day, 7 days a week, to offer you free and confidential advice. To speak with us: 

  • Call us using the above telephone number
  • Contact us via our website form
  • Speak with us using the live chat box

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When Are You Eligible To Claim For Sexual Abuse By Your Brother?

Firstly, to be able to claim for sexual abuse by your brother, the incident must have occurred in a region covered by the CICA. This includes England, Scotland, and Wales. 

Furthermore, your injury must have resulted from a crime of violence which can be regarded as an attack or a criminal act that inflicts damage or harm. It’s also possible to claim for a threat of an attack.

Despite the requirement to report the incident to the police in order to make a CICA claim, it must be stated that no charges need to be made against the perpetrator.  

If you were not the direct victim of the crime of violence, you may still be able to claim. For example: 

  • If you witnessed the incident or the aftermath.
  • If you were bereaved by a violent crime. 

If you would like more details regarding the eligibility criteria surrounding CICA claims, please get in touch today. We can assess your case for free in full confidence without imposing any obligation to make a claim. 

What Is Sexual Abuse?

The National Society for the Prevention of Cruelty to Children (NSPCC) is a children’s welfare charity. According to their child sexual abuse & keeping children safe guide, child sexual abuse is when a child or young person is exploited in a sexual manner.

This could include them being forced or tricked into sexual activity when they do not understand completely what is happening or that it is wrong. However, it could also include: 

  • Sexual touching of children’s bodies whether they are clothed or not
  • Penetrating a child with an object or body part
  • Using force to make a child take part in sexual activities
  • Forcing a child to undress or touch someone else
  • Encouraging or forcing children to view sexually explicit material

This is also relevant to historic abuse cases, which is when an adult was abused as a child.

If you would like more details as to what may constitute sibling sexual abuse, please reach out. 

Is There A Time Limit To Making CICA Claims?

If you are claiming via the CICA, you typically have 2 years to start the process. This typically runs from the date of the incident. However, as you are expected to report the incident to the police, the time limit could also begin from when the incident is reported. This should be immediately after the incident unless you have exceptional circumstances, such as in cases of historical sexual abuse. 

These exceptional circumstances do not stop you from starting the CICA claims process. Individuals that fall under this category could be afforded more time. For example, you may be under the age of 18 when the incident occurred, or you could lack the mental capacity to claim. 

If this is the case, individuals may be able to claim 2 years after their 18th birthday or when the mental capacity to claim is regained. Moreover, a litigation friend could claim on their behalf.  

Please do not hesitate to contact us for more details on how long you have to start a CICA claim and if you’d like to commence the process today.

What Compensation Could You Receive From Historic Sexual Abuse Claims?

If your sexual abuse claim is successful, the settlement you will be awarded may comprise two heads of claim.

Firstly, you could receive a payout for any injuries that are sustained due to the abuse, both physically and mentally. 

Your injuries will be valued in line with the tariff established in the Criminal Injuries Compensation Scheme 2012. For ease of reference, we have compiled a table of potential compensation amounts that you might be awarded. 

The injuries included in this table are relative to those that you may sustain if you endure sexual abuse by your brother. However, if you have any other injuries that you would like valued, please contact an advisor from our team.

InjuryTarriff amountDetails
Non-consensual penile penetration£44,000Severe psychological and internal physical injuries as well as continuing disabling mental illness.
Non-consensual penile penetration£22,000Moderate continuing disabling mental illness.
Non-consensual penile penetration£22,000Severe internal injuries.
Non-consensual penile penetration£13,500Several assailants.
Non-consensual penile penetration£11,000An individual assailant.
Sexual assault£27,000Causes severe mental illness that is confirmed by a medical professional.
Sexual assault - moderate mental illness£22,000Leads to continuing disabling mental illness that is confirmed by a medical professional.
Sexual assault - serious£22,000Severe internal injuries.
Sexual assault - Severe and frequent£8,200Recurring serious abuse by one or more attackers that lasts more than 3 years.
Sexual assault - Severe and frequent£6,600Recurring serious abuse by one or more attackers that lasts up to 3 years.

Special Expenses In A Sexual Abuse Claim

Your sexual abuse compensation could also include payments for any special expenses incurred as a consequence of the incident. This head of claim could account for a number of areas. For example: 

  • Any property that was broken during the incident or incidents, e.g. glasses or a mobile phone 
  • Care costs 
  • Travel expenses related to your claim
  • Medical costs, such as the costs of therapy or treatment

You can also claim for loss of earnings, but you must demonstrate that you were not paid for 28 weeks as a result of the incident.

Furthermore, you will receive payment for this from the start of the 29th week; it will not be backdated to the date of the incident.

If you would like more details regarding CICA payouts,  please get in contact with us today. 

What Do You Need In Order To Claim Through The CICA For Sexual Abuse By Your Brother?

There are certain requirements that must be met in order to claim through the CICA. As previously stated, you must reported the incident to the police to be able to claim. Therefore, it is necessary to provide the police reference number you will receive when reporting the incident. 

You should also provide proof that you meet the CICA’s residency requirements discussed previously. Other evidence you can provide to strengthen your case could include: 

  • Proof of any physical or psychological harm caused by the abuse 
  • Proof of any expenses that arise due to your injuries

One of the sexual abuse solicitors from our panel could help you gather this evidence if you aren’t sure how to obtain it.

Please reach out to an advisor from our team who can offer you the help and support you need in relation to a claim for sexual abuse by your brother.

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Why Seek Sexual Abuse Compensation On A No Win No Fee Basis?

If you seek legal representation through our service, we can connect you with a specialist No Win No Fee solicitor from our panel. This could benefit you in a variety of ways. They could use their years of experience to cover all bases of your claim and there are also many financial benefits. 

The solicitors from our panel could offer to represent you via a Conditional Fee Agreement (CFA) which falls under the No Win No Fee umbrella. Under this, there are no legal fees to be paid upfront or while your claim is ongoing. 

Moreover, you generally only have to pay for the services that your solicitor provides when the claim is successful. Therefore, if your claim is lost, you won’t be required to pay. 

If your claim is successful, you will have to pay your solicitor a success fee. This will be taken from your compensation but it’s capped by law, which ensures you receive the majority of your payout. 

If you want to check your eligibility for representation by a No Win No Fee solicitor from our panel, please get in touch with us in the following ways:

  • Call us using the above telephone number
  • Contact us via our website form
  • Speak with us using our live chat box

Learn More About Claiming For Sexual Abuse By Your Brother

Here are some more of our own guides that could be of use to you: 

Additionally, we have included further reading related to sexual abuse claims that could help:

Thank you for reading this guide on how to claim if you have suffered sexual abuse by your brother. If you have any questions, please do not hesitate to contact an advisor from our team.