This guide looks at the eligibility criteria to begin a claim for child on child sexual abuse. Whilst there are different avenues that you could take to seek compensation, for the purpose of this guide, we explain the process of claiming through the Criminal Injuries Compensation Authority (CICA). The CICA are an executive agency set up to provide victims of violent crime in Great Britain a way to claim compensation where no other avenue exists.
You will see an explanation of how criminal injury compensation is calculated in child sexual abuse claims made through the CICA. We have likewise included the evidence you will need to provide in support of a criminal injury claim.
Towards the end of our guide is a short examination of the No Win No Fee agreement offered by our panel of solicitors, and how beginning a CICA claim for child abuse under such a contract offers considerable benefits. For example, you typically won’t need to pay an upfront fee for the solicitor to begin working on your case if they represent you under these terms.
Our team is on hand to provide free and confidential advice at any time. They can also assess your eligibility to start a claim for zero charge. You can reach our advisors by:
- Calling the number at the top of this page.
- Completing our “Contact Us” form online.
- Clicking the live chat button in the bottom left of your screen.
Browse This Guide
- How To Claim For Child On Child Sexual Abuse
- How Long Do You Have To Claim For Historic Sexual Abuse?
- Evidence Needed When Making CICA Claims For Child Abuse
- How Much Historic Sexual Abuse Compensation Could You Receive?
- What Are The Benefits Of Using A No Win No Fee Solicitor To Claim For Sexual Assault?
- More Resources About How To Claim For Child On Child Sexual Abuse
How To Claim For Child On Child Sexual Abuse
As mentioned, the Criminal Injuries Compensation Authority (CICA) provide victims of violent crimes in Great Britain with the means to claim compensation. This is done through their administration of the Criminal Injuries Compensation Scheme 2012 which contains a fixed tariff used to assign a value to claims.
Child on child sexual abuse is abuse committed by a minor against another minor. This can include recent and historic sexual abuse. This can have significant long term effects, not only in terms of the physical abuse, but also the emotional abuse suffered. We will provide more information on claiming for historic abuse later in the guide.
The general eligibility criteria to claim through the CICA for sexual abuse are as follows:
- You were the victim of a violent crime that can be compensated for under the 2012 Scheme. The Scheme’s definition of a crime of violence includes sexual abuse.
- That crime took place in Great Britain or another relevant place.
- The crime was reported to the police within the relevant time limit.
- Your claim is started within the relevant time limit.
Learn more about the eligibility criteria for sexual assault claims made through the CICA by calling the number at the top of your screen today.
The Same Roof Rule in CICA Claims
The ‘same roof’ rule was a rule that barred victims of sexual offences and other abuse from claiming compensation against a perpetrator who lived with them at the time of the incident. This was the case for victims of childhood sexual abuse that occurred between August 1964 and September 1979.
An amendment to the Scheme was brought in 2019 that allows victims of historical sexual abuse to claim against family members who lived with them, even if that abuse happened years previously. A time limit of two years was imposed but as we explain below, the CICA can exercise their discretion in individual cases.
How Long Do You Have To Claim For Historic Sexual Abuse?
In the majority of CICA cases, you are expected to submit your claim as soon as it’s reasonably practicable for you to do so. Where the person was under 18 at the time of the incident, the claim needs to be submitted:
- By their 20th birthday, provided the incident was reported to the police prior to them turning 18.
- Within two years of the incident first being reported to the police, if it was reported on their 18th birthday or after they turned 18.
Additionally, there is a general expectation that the crime be reported to the police as soon as is reasonably possible. An extension to this can be granted if exceptional circumstances apply, such as in cases of historical sexual assault that occurred years earlier.
Our advisors can provide further details on the limitation periods when claiming through the CICA for historical abuse. You can speak to our team via the details given above and they can help you understand how long you have to claim for child on child sexual abuse.
Evidence Needed When Making CICA Claims For Child Abuse
In order to claim for child on child sexual abuse through the CICA you will need to provide the following supporting evidence:
- Your crime reference number from when you reported the abuse to the police.
- Proof of your residency.
- Medical evidence, such as copies of your medical records, highlighting what injuries you sustained to show they can be compensated for under the Scheme. Help with costs associating with acquiring medical documents can be provided in certain cases.
- Proof of any financial expenses stemming from the crime.
Evidence of the crime occurring, such as witness statements, will not need to be provided by you. The CICA will liaise with the police investigation for further evidence that the crime took place.
You may benefit from working with a solicitor to collect evidence for your claim. After our team has assessed your eligibility to start a CICA claim, one of the specialist sexual abuse solicitors from our panel could offer support with collecting evidence if you have a valid case.
How Much Historic Sexual Abuse Compensation Could You Receive?
How much compensation awarded in a successful claim for child on child sexual abuse is calculated as per the fixed tariff in the Criminal Injuries Compensation Scheme 2012. The tariff considers factors including the physical injuries and psychological injuries caused, such as post traumatic stress disorder, the extent of this harm and whether or not the effects of this are permanent.
We have included some relevant figures from the tariff in the table here.
Compensation Table
This table contains examples of CICA payouts. It is important we emphasise that the tariff amounts are fixed. However, the first entry is not from the tariff and should be used as a guide only.
| Type of Injury | Severity Level | Tariff Amount | Notes |
|---|---|---|---|
| Sexual Abuse with Financial Losses | Severe | Up to £500,000 | Compensation for sexual abuse with payments for lost earnings and other special expenses, such as the cost of care at home. |
| Sexual Offence (where the victim is a child) | Non-consensual Penile Penetration Of Mouth, Anus and/or Vagina | £44,000 | Resulting in severe mental illness and serious internal injuries. |
| £22,000 | Serious internal bodily injuries. | ||
| £22,000 | Repeated incidents of over a period of 3 years or more. | ||
| Sexual Assault | £27,000 | Pattern of frequent and recurring incidents involving non-penile penetration and/or genital oral acts resulting in severe and permanently disabling mental illness | |
| £22,000 | Frequent and repetitive incidents involving non-penile penetration and/or oral genital acts causing serious internal injuries. | ||
| £8,200 | A pattern of recurring and frequent abuse over 3 years or more. | ||
| Other Payments | Sexually Transmitted Infection | £22,000 | Infection with 1 or more of HIV, Hepatitis B or C as a result of a violent crime. |
| £11,000 | Permanent disability stemming from the contraction of an STI other than HIV, Hepatitis B or C. | ||
| Pregnancy | £5,500 | Pregnancy as a result of sexual assault. |
If you have suffered multiple injuries as a result of a crime of violence, your compensation for sexual abuse will be subjected to the multiple injuries formula in the following increments:
- The highest value injury you have sustained will be awarded 100% of the tariff amount.
- The next highest, or an equal-value injury, will receive 30%.
- You will receive 15% of the tariff amount for the third highest or an equal-value injury.
The Scheme compensates for a maximum of 3 injuries. However, you can receive a separate tariff payment that is not affected by the multiple injuries formula if you became pregnant, or contracted an STI as a result of the sexual violence.
Financial Losses In A Claim For Child On Child Sexual Abuse
Special expenses are certain financial costs stemming from the violent crime. Possible examples include medical bills such as prescriptions, counselling and the costs of domestic support.
Additionally, if the effects of child sexual abuse have caused you to lose income, it may be possible for you to receive a loss of earnings payment.
Certain eligibility criteria need to be met to qualify for a loss of earnings or special expenses payment. Our experienced advisory team can provide further guidance on these. Also, they can offer a more detailed estimate of the potential value of your criminal injury claim and assess your eligibility to start a such claim at no cost to you.
Speak to an advisor at any time using the contact information given below.
What Are The Benefits Of Using A No Win No Fee Solicitor To Claim For Sexual Assault?
To find out if your criminal injury claim for child on child sex abuse is valid, speak to our advisors for a free assessment of your eligibility. If eligible, one of the sexual abuse solicitors from our expert panel could offer you a Conditional Fee Agreement (CFA). They have experience handling sexual abuse cases and can assist you in seeking compensation for the way you have been affected.
A CFA is a No Win No Fee contract that gives claimants some notable benefits. So, in the majority of cases, claimants will not be charged fees for the solicitor’s work on their claim either before or during the claims process. You will also not be liable to pay a fee for their completed work should the claim fail.
You will receive compensation per the 2012 Scheme tariff should your claim succeed. A percentage of this will be taken by the solicitor as a success fee. Per the Conditional Fee Agreements Order 2013, success fee percentages are restricted. What this means is that claimants will keep most of their compensation award following a successful claim.
Our team is on hand to provide free and confidential advice at any time. They can also assess your eligibility to start a compensation claim for zero charge. You can reach our advisors by:
- Calling the number at the top of this page.
- Completing our “Contact Us” form online.
- Clicking the live chat button in the bottom left of your screen.
More Resources About How To Claim For Child On Child Sexual Abuse
You can read more of our sexual abuse claims guides here:
- Find out more about claiming compensation for a sexual assault at work with this guide.
- Read our guide on claiming compensation for foster care abuse and how to secure a settlement.
- Learn how to begin the claims process following sexual abuse by a doctor by reading our guide.
We have also included these links to some external resources you may find useful:
- You can report a crime to the police on their website.
- Charity Victim Support offers emotional support and guidance to those affected by crime.
- Learn more about the Government’s Abuse in Education helpline with this blog post from the Department of Education.
If you have any other questions about making a claim for child on child sexual abuse, call an advisor on the number above.
