By Danielle Garner. Last Updated 29th May 2024. This guide looks at when you could be eligible to claim compensation for familial sexual abuse. The type of claim this guide looks at is called a criminal injury claim. Different avenues are available for those making this type of claim, including directly against the perpetrator if their identity is know and they have the funds to pay compensation. However, for the purpose of this guide, we look at how you can claim through the Criminal Injuries Compensation Authority (CICA).
The CICA is an executive agency, sponsored by the Ministry of Justice, that was established to give victims of violent crimes a means of claiming compensation, where no other avenue is available. You will find information on the eligibility criteria to claim through the CICA as well as the evidence you can collect to support your potential claim. We have also included a brief explanation of how compensation is awarded in CICA claims.
Towards the end of this guide, there is an overview of the ways in which you can benefit from starting your CICA claim under the type of No Win No Fee agreement offered by our panel of specialist sexual abuse solicitors.
To ask any questions or to get your eligibility assessed free of charge, contact our advisors via the following details:
- Call the number at the top of the screen.
- Contact us via this form, and a team member will call you back.
- Click the live chat button on your screen.
Browse Our Guide
- When Are You Able To Claim For Familial Sexual Abuse?
- How Long Do You Have To Claim For Sexual Abuse With The CICA?
- What Evidence Is Needed When Claiming For Familial Sexual Abuse Through The CICA?
- How Much Compensation For Familial Sexual Abuse Could You Receive?
- Claim For Historic Sexual Abuse On A No Win No Fee Basis
- Read More About Claiming For Sexual Abuse Compensation With The CICA
When Are You Able To Claim For Familial Sexual Abuse?
Familial sexual abuse is sexual abuse from a family member. This abuse can have severe long-term effects, both physically and mentally.
The eligibility criteria for starting a sexual abuse claim for the effects the incident has had on your life through the CICA are given here:
- You were injured in a crime of violence. Sexual abuse is included in the CICA’s definition of a crime of violence.
- This crime occurred in Great Britain (England, Scotland or Wales) or another relevant place. “Another relevant place” covers locations such as ships registered in Great Britain.
- The crime was reported to the police.
Speak to one of our advisors to learn more about the CICA or to get a free assessment of your eligibility to start a claim.
How Long Do You Have To Claim For Sexual Abuse With The CICA?
CICA claims are generally subject to a time limit of two years. For adults, this typically runs from the date of the incident or from the date the crime was reported to the police. However, the crime is expected to have been reported as soon as possible unless exceptional circumstances prevented you from doing so.
Also, an extension could be granted to the two years in which you have to begin your claim if exceptional circumstances prevented you from starting your claim on time. This means that in cases of historical sexual assault, you could still make a claim.
For those under the age of 18 at the time of the incident will generally have:
- Until their 20th birthday, if the incident was reported to the police before they turned 18.
- From the date the incident was reported, if this happened on or after they turned 18.
Does The Same Roof Rule Still Apply?
An amendment to the Scheme was brought into place in 2019 that allowed victims of domestic sexual abuse to begin criminal injury claims against family members who lived under the same roof. Although a deadline of 13th June 2021 was put in place, accepting claims after this is down to the CICA’s discretion, so you could still make a claim for sexual abuse if you are reporting it years later.
To get more guidance on the relevant time limits and if any exceptional circumstances apply to your potential claim, speak to our team today.
What Evidence Is Needed When Claiming For Familial Sexual Abuse?
Making a CICA claim for familial sexual abuse will require you to submit some supporting evidence. This evidence is as follows:
- Your crime reference number. You’ll receive this when the crime is reported to the police.
- Proof you meet the residency requirements.
- Medical evidence highlighting that you suffered an injury the CICA can compensate for.
You won’t need to provide evidence of the crime occurring. The CICA will liaise with the police to obtain witness statements, CCTV footage and other such evidence.
To discuss the evidence you can use to support your CICA claim in more detail, contact our advisors today using the details given below.
How Much Compensation For Familial Sexual Abuse Could You Receive?
If you make a successful claim for familial sexual abuse through the CICA, your compensation will be calculated using the tariff of injuries found in the Criminal Injuries Compensation Scheme 2012. The Scheme awards a set tariff amount for physical and psychological injury after sexual abuse.
You can claim for three injuries caused by family sexual abuse from the main tariff. However, the multiple injuries formula will apply to your claim. This means that for each injury you suffer, you will be awarded:
- 100% of the tariff amount for the injury with the highest value.
- 30% of the tariff for an injury that is second or equal in value.
- 15% of the tariff for the third highest-valued injury (or one of equal value).
In addition to a payment from the main tariff, you may have suffered other injuries not subject to this formula as a result of familial sexual abuse, that may qualify for compensation to address this. These injuries include:
- Losing a foetus.
- Becoming pregnant.
- Contracting a sexually transmitted infection or disease.
Compensation Table
Our table below explores some examples of CICA payouts. The top entry isn’t from the tariff of injuries, but looks at how you could be compensated for your injuries in addition to special expenses and lost earnings.
| Harm | Tariff Amount | Notes |
|---|---|---|
| Sexual abuse with financial losses | Up £500,000 | Compensation for lost earnings, special expenses and other harm. |
| Non-consensual penile penetration of the vagina, mouth and/or anus. | £44,000 | Serious bodily injuries along with a permanently and severely disabling mental illness. |
| £33,000 | Cases involving serious internal injuries and a moderately and permanently disabling mental illness. | |
| £22,000 | Resulting in serious internal bodily injury. | |
| Sexual Assault | £27,000 | Resulting in a mental illness that is permanently disabling and of a severe nature. |
| £22,000 | Pattern of repetitive and frequent severe abuse by one or multiple attackers causing serious internal bodily injuries. | |
| £22,000 | Resulting in a moderately and permanently disabling mental illness. | |
| Other payments | £22,000 | Infection with HIV, Hepatitis B and/or Hepatitis C. |
| £5,500 | Infection with an STI other than HIV, Hepatitis B or Hepatitis C where there has been a substantial recovery. | |
| £5,500 | Pregnancy. |
Special Expenses For Sexual Abuse Claims
You may also be reimbursed necessary, reasonable costs that have been incurred as a result of the family sexual abuse. These are called ‘special expenses’. They may include costs for:
- Care related to bodily functions and preparation of food.
- Supervision if required to avoid a substantial danger to yourself or others.
- Physical aids that you relied on that were damaged in the incident, such as glasses or a hearing aid.
You may also be able to receive a payment for loss of earnings if the criminal injury resulted in you being unable to work. In order to qualify for a loss of earnings or special expenses payment, you will need to meet specific eligibility criteria. Please contact an advisor from our team for further information about this.
Claim For Historic Sexual Abuse On A No Win No Fee Basis
Before starting your CICA claim for familial sexual abuse, speak to one of our advisors. As well as taking you through the claims process in more detail and addressing any concerns you may have, they can assess your eligibility to begin a claim free of charge.
If our team deems your potential claim valid, one of the experienced sexual assault solicitors from our panel of experts could take on your potential claim under a Conditional Fee Agreement (CFA).
A CFA is a form of No Win No Fee contract that offers potential claimants notable advantages. For example, in most cases you will not pay an upfront fee for the solicitor to start work on your case. There will similarly not be any fees for that work during the claims process itself. Finally, if your claim fails, you will not owe the solicitor a fee for any services they provided.
If your claim succeeds however, you will be awarded compensation per the Criminal Injuries Compensation Scheme 2012 tariff. The solicitor will deduct a percentage of this compensation before transferring the rest to you. This percentage is called a success fee. By law, the maximum percentage solicitors can charge as their success fee is capped, meaning the majority of any compensation paid out is yours.
To ask any questions or to get your eligibility assessed free of charge, contact our advisors via the following:
- Call the number at the top of the screen.
- Contact us via this form, and a team member will call you back.
- Click the live chat button on your screen.
Read More About Claiming For Sexual Abuse Compensation With The CICA
See more of our criminal injury claims guides:
- Find out more about making a CICA claim following sexual abuse by a doctor here.
- Learn how to make a claim following school sexual abuse with a No Win No Fee solicitor.
- Read our guide on claiming for historical abuse and what compensation could be awarded.
We have also included these external resources:
- The Government has prepared this page on reporting a rape or sexual assault, which you can view here.
- You can find out more about getting help after rape and sexual assault with this online resource from the NHS.
- Find your nearest Rape Crisis Centre on their website.
Thank you for reading our guide on making a CICA claim for familial sexual abuse. Our experienced and dedicated team of advisors can answer any questions as well as assess your eligibility to begin a claim at zero cost to you. You can speak to our team 24 hours a day using any of the contact details given above.
