If you have been sexually assaulted while at work or within an institutional setting, you may want to know if you can make a claim for sexual abuse in organisations. In this article, we examine sexual abuse claims.
If you suffered sexual abuse at work, you might be eligible to claim against your employer. Likewise, if you suffered sexual abuse or assault as a service user, you could claim against them. We will discuss the eligibility requirements your case must meet in order to make a claim against a vicariously liable party.
However, in certain circumstances, these parties might not be considered vicariously liable. In these cases, you could be eligible to claim through a government-funded organisation called the Criminal Injuries Compensation Authority. They award compensation to certain victims of crime. We will also explain the eligibility criteria your case must meet to be able to claim through the Criminal Injuries Compensation Authority (CICA).
If you are making a personal injury claim against a vicariously liable party for your abuse, you may like to know how settlements are awarded. This article looks at the different forms of compensation you could receive if your claim is a success.
You may like to have legal representation during the claims process. This article concludes with a look at how a solicitor on our panel could represent your case on a No Win No Fee basis.
Direct any questions you have about claiming sexual abuse compensation to an advisor from our team. They can also offer you free advice for your particular case. To connect with them today, you can:
- Call 0333 091 8597
- Fill in our contact us form and an advisor will call you.
- Ask about claiming for sexual abuse in our live chat.
Choose A Section
- Can You Claim For Sexual Abuse In Organisations?
- How To Claim Compensation For Sexual Abuse In Organisations
- Who Do You Claim Against For Organisational And Institutional Abuse?
- How Much Compensation Can You Claim For In Sexual Abuse Claims?
- Claim For Sexual Abuse In Organisations Using A No Win No Fee Solicitor
- Learn More About Claiming For Sexual Abuse Or Assault
Can You Claim For Sexual Abuse In Organisations?
If you have been assaulted within an organisation, you may be wondering whether you could make a claim for sexual abuse in organisations.
The institution generally owes you a duty of care, whether you are a service user or work there. For example, if you work at the organisation, your employer owes you a duty of care, as outlined within the Health and Safety at Work etc. Act 1974. Per their duty, they must take reasonable actions and steps to help prevent you from coming to harm. In certain circumstances, your employer could be found vicariously liable if you expereinced sexual assault at work.
For example, if you filed a complaint with your employer about a colleague sexually harassing, bullying or abusing you and they failed to take reasonable action, you might be eligible to make a claim against them.
To be able to make a personal injury claim for sexual abuse against a vicariously liable party, you will need to prove:
- Someone owed you a duty of care.
- This duty was breached.
- You suffered harm as a result.
If an organisation is found not to be responsible for the incident, you may still be able to make a sexual abuse claim through the CICA. Later in this guide, we discuss the eligibility requirements you must meet to be able to claim through the CICA.
If you have any questions about the eligibility criteria for such a claim, please contact a member of our team.
How To Claim Compensation For Sexual Abuse In Organisations
There are various steps you could take following organisational and institutional abuse that could help support a compensation claim. Following sexual abuse or assault, you might:
- Report the incident. You could have reported the incident to your employer or, if you are a service user, to a manager or staff member. Additionally, you might have reported it to the police. A police investigation and subsequent report can help with your claim for sexual assault compensation.
- Claiming as soon as reasonably possible. If you are making a personal injury claim against a vicariously liable party, you generally need to start the civil procedure within three years of reporting the incident. However, some exceptions apply, such as in cases of historical sexual assault.
- Seek medical attention. If you’ve suffered a physical or psychological injury due to the abuse, you may wish to receive medical treatment either at a hospital or from your GP. Your medical notes detailing these could be used as medical evidence in your claim.
- Keep a diary. You could write down everything you remember. This could include dates, times and locations of the abuse. This could help a legal representative build your case.
Claiming For Sexual Abuse Through The CICA
In some circumstances, your claim for sexual abuse could be made through the CICA. For example, if you are unable to prove that the organisation was vicariously liable.
However, you must meet the specific criminal injuries compensation eligibility criteria to claim through the CICA. This is different to the personal injury claims eligiblity criteria. To seek compensation through the CICA, you need to prove that:
- The incident occurred in England, Wales, Scotland or another relevant location.
- You were injured in a crime of violence. The Criminal Injuries Compensation Scheme 2012 is used by the CICA to assess claims and what compensation should be awarded. It also lists examples of incidents classed as crimes of violence. This includes sexual abuse, arson and physical assault.
- The sexual abuse or assault was reported to the police. You will require your police reference number to claim.
- Your claim must generally be started within the two-year time limit. However, there may be exceptions. These will be assessed on a case-by-case basis. Additionally, the time limit slightly differs for child sexual abuse cases.
If you have any questions about how to claim compensation for sexual abuse through the CICA or against a vicariously liable party, you can contact an advisor on our team.
Who Do You Claim Against For Organisational And Institutional Abuse?
There are various organisations that could be held vicariously liable. Some examples of organisations you may be able to make a sexual abuse claim against include:
- Your workplace.
- Health and social care, such as care homes.
- Schools.
- A church.
If you experienced sexual harassment and abuse at an organisation or institution where you should have been reasonably safe, you may be able to make a claim against the vicariously liable party. Call our advisors to find out more.
How Much Compensation Can You Claim For In Sexual Abuse Claims?
If you make a successful claim for sexual abuse or assault against a vicariously liable party, your settlement could consist of two parts; general and special damages.
General damages compensate for the mental and physical harm you have expereinced due to the organisational or institutional abuse. To help when valuing this part of a personal injury claim, those responsible for evaluating it may refer to the guideline compensation amounts published by the Judicial College (JCG). The JCG provide compensation guidelines for various forms of harm.
In our table below, we look at a few figures relevant to physical and sexual abuse from the 16th edition of the JCG. In addition to the JCG figures, we look at a figure in the top row that shows what compensation could be made up for very serious abuse and special damages. This figure is not from the JCG.
As claims for sexual abuse differ from each other, this table is only for guidance.
| Injury | Severity | Notes | Guideline Compensation Amount |
|---|---|---|---|
| Sexual and/or Physical Abuse and Special Damages | Very Serious | Settlements could include compensation for the physical and mental impact of the abuse and financial losses, such as lost wages, medical costs and travel expenses. | Up to £500,000+ |
| Sexual and/or Physical Abuse | Severe | The injured party suffered serious abuse and/or a prolonged mental health injury. | £45,000 to £120,000 |
| Moderate | The abuse was less serious and prolonged than in the above category. Additionally, the psychological reaction is less severe. | £20,570 to £45,000 | |
| Less Severe | In these cases, the abuse was short-lived with mild psychological effects that resolved quickly. | £9,730 to £20,570 |
Special Damages When Claiming Sexual Abuse Compensation
To compensate for any financial losses you experienced as a result of the harm you suffered due to the sexual abuse, you could also be awarded special damages. You could be reimbursed for your:
- Loss of earnings.
- Medical expenses, such as therapy costs.
- Travel expenses to essential appointments.
To recover your financial damage, you should save proof, such as receipts and payslips, to submit as part of your personal injury claim.
Compensation for successful claims made through the CICA is awarded differently. Please contact our advisors to find out more about how compensation could be awarded in a claim for sexual abuse in organisations through the CICA. They can also offer you free advice for your specific case.
Claim For Sexual Abuse In Organisations Using A No Win No Fee Solicitor
If you are eligible to make a claim for sexual abuse in organisations, you may wish to have legal representation during the claiming process. One of the solicitors from our panel could help you with your compensation claim. The solicitors from our panel typically offer their services on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
A solicitor working under a CFA:
- Won’t charge upfront or ongoing fees for their services.
- Won’t ask you to pay for their work on your sexual abuse claim if it fails.
- Will take a success fee from your compensation if your case succeeds (this is a legally limited percentage).
Contact an advisor from our team if you have any questions about claiming sexual abuse compensation. After discussing your case, they could connect you to a No Win No Fee solicitor from our panel if they deem you to have a valid and strong claim.
To discuss sexual assault claims:
- Call 0333 091 8597
- Fill in our contact us form and a team member will call you.
- Ask about sexual abuse compensation in our live chat.
Learn More About Claiming For Sexual Abuse Or Assault
Additional guides:
- Learn about CICA payouts and what criminal injury compensation could be awarded.
- Information about claiming for the long-term effects of sexual abuse.
- Guidance on claiming for sexual abuse after reporting it years later and time limit information.
External resources that could help you:
- Information on where to get help following a sexual assault from the NHS.
- Help from Rape Crisis, a charity working to end sexual abuse and assault.
- Guidance on how to report rape or sexual assault from the government.
If you need any further help making a claim for sexual abuse in organisations, please get in touch.
