Claiming Compensation For Familial Sexual Abuse

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). 

familial sexual abuse

Claiming Compensation For Familial Sexual Abuse

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

  1. When Are You Able To Claim For Familial Sexual Abuse?
  2. How Long Do You Have To Claim For Sexual Abuse With The CICA?
  3. What Evidence Is Needed When Claiming For Familial Sexual Abuse Through The CICA?
  4. How Much Compensation For Familial Sexual Abuse Could You Receive?
  5. Claim For Historic Sexual Abuse On A No Win No Fee Basis
  6. 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:

  1. You were injured in a crime of violence. Sexual abuse is included in the CICA’s definition of a crime of violence.
  2. 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.
  3. 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?

Compensation for criminal injuries, including sexual abuse, is valued and awarded per the Criminal Injuries Compensation Scheme 2012 tariff. The 2012 Scheme tariff awards for physical as well as psychological injury after sexual abuse. We have taken some examples of CICA payouts from the tariff for use in our compensation table.

Compensation Table

Please be advised that the amounts given in this table are fixed. Also, the top entry is not from the tariff.

HarmTariff AmountNotes
Sexual abuse with financial lossesUp £500,000Compensation for lost earnings, special expenses and other harm.
Non-consensual penile penetration of the vagina, mouth and/or anus.£44,000Serious bodily injuries along with a permanently and severely disabling mental illness.
£33,000Cases involving serious internal injuries and a moderately and permanently disabling mental illness.
£22,000Resulting in serious internal bodily injury.
Sexual Assault£27,000Resulting in a mental illness that is permanently disabling and of a severe nature.
£22,000Pattern of repetitive and frequent severe abuse by one or multiple attackers causing serious internal bodily injuries.
£22,000Resulting in a moderately and permanently disabling mental illness.
Other payments£22,000Infection with HIV, Hepatitis B and/or Hepatitis C.
£5,500Infection with an STI other than HIV, Hepatitis B or Hepatitis C where there has been a substantial recovery.
£5,500Pregnancy.

The multiple injuries formula may be applied if you have suffered more than one injury. The formula will be applied to your compensation in the following increments:

  • 100% of the compensation for the highest value injury.
  • 30% for the next highest or an equal value injury.
  • 15% for the third highest or an equal value injury.

While the Scheme does compensate more than 3 injuries, you could be awarded separate tariff payments if you became pregnant, lost a foetus or contracted an STI as a result of the abuse. These payments are not subject to the multiple injuries formula.

Financial Expenses

You could receive a payment for certain costs, referred to as special expenses, that have been incurred due to your injury. This could include the cost of care relating to your bodily functions or meal preparation and replacements for any property or equipment you relied on as a physical aid that was damaged or lost.

Additionally, you could receive a loss of earnings payment if your injury has left you unable to work. Your injury must be serious enough to have completely prevented you from undertaking any type of paid work, or meant you had very limited capacity to work.

There are eligibility requirements that must be met in order for you to qualify for a special expenses payment as well as other requirements that allow you to receive a loss of earnings payment, however.

Our advisors can provide a more detailed estimate of the compensation you could receive as well as further explain payments in relation to monetary losses. Contact our team today using the details given below.

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:

We have also included these external resources:

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.