Our guide explores when compensation for a sexual abuse survivor could be awarded. We look into the eligibility criteria you will be expected to meet when claiming through the Criminal Injuries Compensation Authority (CICA). This is a government-sponsored agency administering a compensation scheme for those who have been victims of violent crimes in Wales, England, or Scotland.
Compensation For A Sexual Abuse Survivor Guide
Additionally, we outline what evidence will be useful when making a sexual abuse claim and the time limitations that are applicable. Our guide also discusses examples of CICA payouts and the different kinds of harm you could be compensated for.
To conclude, we look into the benefits of using sexual assault solicitors and what you can expect from a No Win No Fee agreement if offered one.
Please continue reading our guide if you want further information on your legal rights to compensation. For a free consultation, please contact our advisors.
You can reach our team in the following ways:
- Call us on the number at the top of our page
- Contact us through our online form
- Chat with us through our live support feature
Browse Our Guide
- Can You Claim As A Sexual Abuse Survivor?
- What Do You Need To Make A CICA Claim?
- Compensation For A Sexual Abuse Survivor – Is There A Time Limit To Claiming?
- Potential Compensation Payouts From Sexual Abuse Claims
- See If You Can Claim Criminal Injury Compensation With A No Win No Fee Solicitor
- Learn More About Claiming Compensation For Abuse Victims
Can You Claim As A Sexual Abuse Survivor?
Compensation for a sexual abuse survivor could be awarded to account for the physical and psychological harm you have suffered and the long-term effects of these. You could claim directly against your perpetrator, though they would need sufficient funds to pay you compensation if you claim this way.
You could claim against a vicariously-liable third party. For example, if an employer’s breach of duty of care led to a sexual assault at work. Furthermore, you could potentially make a sexual school abuse claim if, for example, they did not perform a DBS check on a staff member who then abused you, and this check would have prevented them from being hired.
If neither of these options is available to you, you may be able to claim through the CICA. When doing so, you will need to show that:
- A crime of violence caused your injuries.
- The incident happened in Scotland, Wales, England, or another relevant place as defined by the CICA.
- You are within the time limit to make a claim.
- The incident was reported to the police.
The CICA have their own definition of a crime of violence, which can be found in their Criminal Injuries
Compensation Scheme 2012. This definition includes sexual assault.
If you would like to know more about making a claim as a sexual abuse survivor, please contact us.
Compensation For A Sexual Abuse Survivor – Is There A Time Limit To Claiming?
Generally, when making a criminal injury claim through the CICA, you will be expected to be within the time limit, typically two years from reporting the incident to the police.
Reporting should usually be done immediately; if there is a delay, exceptional circumstances must apply in order for your claim to still be considered. This means you could claim historical abuse compensation even if the incident happened years ago.
In the past, it used to be the case that you could not claim through the CICA if you and your assailant were living under the same roof as family. This meant that sexual abuse by your husband, your wife or your father, for example, may not have been able to be compensated for.
This rule was taken out of the Scheme in 2019, and the deadline for claiming for these incidents was set to 13th June 2021. However, the CICA can use their discretion to allow claims to be made outside of this deadline, so please get in touch if this is applicable.
If you would like more detailed guidance on the time limits that apply to CICA claims, speak with a member of our team today.
What Do You Need To Make A CICA Claim?
When making a claim as a sexual abuse survivor through the CICA, you may be asked to produce evidence. This can include:
- Your police reference number.
- Proof that you meet the residency requirements.
- Medical evidence.
If the CICA require any further information or evidence about your incident, they can receive this through contact with the police. For example, they may need to confirm whether:
- You have cooperated with the police in their investigations
- You have any unspent criminal convictions that could impact your award
If you have any questions about the criteria that apply to claiming compensation for a sexual abuse survivor, speak with our team today.
Potential Compensation Payouts From Sexual Abuse Claims
The Criminal Injuries Compensation Scheme 2012 provides a tariff of injuries with fixed amounts awarded in successful claims. We have included the table below using these figures instead of including a compensation calculator.
| Injury | Notes | Value |
|---|---|---|
| Sexual Assault | The assault has resulted in a severe and permanently disabling mental illness that has been confirmed by a psychological prognosis. | £27,000 |
| The frequent abuse pattern is severe and spans over time, causing serious internal injuries to the body. | £22,000 | |
| The sexual assault has resulted in a moderate but permanent mental illness with psychological confirmation. | £22,000 | |
| There is a pattern of frequent abuse that is severe and has lasted for three years or more. | £8,200 | |
| There has been a pattern of frequent abuse that is severe and has occurred for up to three years. | £6,600 | |
| The assault is severe and involves penetration without a penis. | £3,300 | |
| The sexual act is serious and occurs under clothing, without penetration. | £2,000 | |
| The sexual act is minor, over clothing and does not involve penetration. | £1,000 | |
| Infection With STI (Separate Tariff) | Sexually transmitted infection with one or more of HIV, Hepatitis B or C causing permanent disability. | £11,000 |
| Loss of a Foetus (Separate Tariff) | The crime of violence has caused the loss of a foetus. | £5,500 |
You can claim for up to three injuries using this tariff. A formula will be applied when claiming for multiple injuries. This means that 100% of the tariff amount would be awarded for the highest-valued injury, 30% for the second-highest or equally-valued injury, and 15% for the third-highest or equally-valued injury.
Additional payments can be made, which will not be subjected to this formula because they come from a separate tariff; these could include becoming pregnant, losing a foetus, or contracting a sexually transmitted infection.
When Can You Claim For Special Expenses In CICA Claims?
You could receive compensation for any special expenses you incur as a result of a violent crime. For example:
- Any equipment you rely on that was damaged or broken in the incident, such as a hearing aid.
- Care costs if you paid for professional assistance.
- The cost of medical treatment.
These expenses must be necessary and reasonable, leading on from the injuries you sustained. You may also be eligible to receive payment for any loss of earnings you have incurred due to the incident.
To find out more about what compensation for a sexual abuse survivor could consist of, speak with a member of our team today.
See If You Can Claim Criminal Injury Compensation With A No Win No Fee Solicitor
If you choose to work with a solicitor, they could offer to work on a No Win No Fee basis. A popular kind of this arrangement is a Conditional Fee Agreement.
Generally, with this agreement in place, you will not be obliged to pay for your solicitor’s services if your claim is unsuccessful. However, if your claim is successful, your solicitor will take a success fee. This is a percentage of your compensation that your solicitor is permitted to deduct.
With this in mind, the Conditional Fee Agreements Order 2013 legally caps the percentage solicitors are allowed to take; however, you will most likely discuss this with your solicitor prior to entering the agreement.
To learn more about No Win No Fee agreements, please contact our advisors. Our team will have access to a solicitor from our panel who can assist you with your claim. You can reach us using the followings methods:
- Call us on the number at the top of our page.
- Contact us through our online form.
- Use our live support feature to speak with an advisor.
Learn More About Claiming Compensation For Abuse Victims
Thank you for reading our guide on your legal rights to compensation as a sexual abuse survivor. You can find more of our information below:
- Can I Claim For Sexual Abuse After Reporting It Years Later?
- Making A Claim For Domestic Sexual Abuse
- Where Can I Find The Best Sexual Abuse Claims Solicitors?
For external resources, please visit the sites linked:
- Help After Rape And Sexual Assault – NHS
- Report A Rape Or Sexual Assault – Government Guidance
- Find Your Local Rape Crisis Centre – Rape Crisis England and Wales
Writer Emily Marley
Publisher Fern Scrimshaw
