How Do You Make Historical Abuse Claims?

In this guide, we will discuss how historical abuse claims could be made through the Criminal Injuries Compensation Authority (CICA). This guide will also discuss the evidence you will need when pursuing compensation through the CICA. We will also share examples of the compensation you could receive should your claim be successful.

Historical Abuse Claims

How Do You Make Historical Abuse Claims?

Furthermore, we will explore some of the benefits of making a claim with a solicitor from our panel under the terms of a No Win No Fee agreement.

We understand that you may want to discuss your claim; if so, you can contact one of our friendly advisors. They are available 24/7 to provide you with free legal advice and answer any questions you may have, such as ‘how much compensation could I claim for sexual abuse as a child?

To speak to an advisor today:

  • Call on the number provided at the top of this page.
  • Use our live chat to speak to an advisor.
  • You can contact us online. 

Choose A Section or Browse Our Guide

  1. Historical Abuse Claims – When Are You Able To Claim?
  2. What Do You Need To Make CICA Claims?
  3. What Is Historical Abuse?
  4. What Sexual Abuse Compensation Could Be Received From A Claim?
  5. Claim For Historical Abuse On A No Win No Fee Basis Using Our Panel Of Sexual Abuse Solicitors
  6. Learn More About Making Historical Abuse Claims

Historical Abuse Claims – When Are You Able To Claim?

If you have been injured in a crime of violence, you could make a claim through the CICA for compensation. This includes claims being made for historical abuse. Later in this guide, we will explain in more detail what circumstances classify as historical abuse.

The CICA handles claims for people who have been criminally injured. The definition of a crime of violence as set out by the CICA includes sexual assault, so they can handle historical abuse claims. To make a claim through the CICA, the following must apply:

  1. You must have been harmed by a crime of violence as defined by the CICA. 
  2. The incident must have taken place in Wales, Scotland, England or another relevant place, e.g. a boat that is registered to one of these countries.
  3. You must begin your claim within the CICA’s time limits, which we look at below.

Is There A Time Limit When Making A CICA Claim?

You generally will have 2 years to start your claim through the CICA. This time limit runs from the date you reported the incident to the police. You are expected to do this right away after the incident unless you can prove you were unable to due to exceptional circumstances.

Additionally, exceptions can be made to this 2-year time limit. However, you will need to prove that you were unable to start your claim within this timeframe due to exceptional circumstances.

Contact our advisors today to see whether you are within the limitation period to start your claim and to learn about the time limits for claims being made for children. They could also answer any questions you have about historical abuse claims.

What Do You Need To Make CICA Claims?

When making a criminal injury claim through the CICA, you will need to provide the following evidence:

  1. Proof that you meet the residency requirements.
  2. A police reference number to show that you reported the crime.
  3. Medical evidence about the injury you suffered, such as a copy of your medical records.

The CICA can liaise with the police for additional information that they might need. For example, they can confirm whether you have a criminal record that might see an award withheld.

Contact one of our advisors today if you have any questions regarding historical abuse claims or your rights to compensation as a sexual abuse survivor. 

What Is Historical Abuse?

The definition of historical sexual abuse is abuse that occurred to someone when they were a minor who is now an adult. It is also known as non-recent abuse.

Sexual abuse of a child is not necessarily violent. A child may be being abused without realising that it’s taking place.

Following historical abuse, someone could suffer from long term effects. For example, you could suffer from psychological injuries such as PTSD due to sexual abuse. You could also be physically injured.

Contact one of our advisors today if you have any questions about historical abuse claims made through the CICA.

What Sexual Abuse Compensation Could Be Received From A Claim?

For historical abuse claims made through the CICA, you could receive compensation for how you were harmed as a result of a crime of violence.

The table we have created below can be used as an alternative to a compensation calculator. We have used the tariff of injuries set out in the Criminal Injuries Compensation Scheme 2012 to provide these examples of CICA payouts for sexual abuse. If your claim is successful, you will receive the amount that is listed in the tariff that matches your injury.

InjuryNotesCompensation
Non-Consensual Penile Penetration of a childResults in serious internal injuries and a severely disabling mental illness.£44,000
Resulting in a severely disabling mental injury.£27,000
Resulting in internal injuries that are serious.£22,000
Repeated incidents that lasted up to 3 years.£16,500
One incident involving 2+ attackers.£13,500
Sexual Assault of a childResults in a severely disabling mental illness as confirmed by psychiatric prognosis.£27,000
A pattern of frequent incidents that lasted for 3+ years.£8,200
2+incidents of a non-penile penetrative or oral-genital act.£4,400
A pattern of repetitive non-penetrative sexual acts performed under clothing.£3,300
Frequent non-penetrative sexual acts performed over clothing.£1,500

You could claim for more than one injury and your payment would be affected by the multiple injury formula. This means that you will receive 100% compensation for your highest-valued injury, 30% for the second, and 15% for the third.

There are certain kinds of injuries and effects that can be exempt from this formula. Speak with our team today for guidance and further information.

Special Expenses In A CICA Claim

Additionally, you could receive compensation for certain special expenses. These must be reasonable, necessary and not available for free from another source. They can include:

  • Any equipment you need to cope with your injuries, such as specialist kitchen equipment or a mobility car.
  • Equipment you depended on as a physical aid that was damaged in the incident, such as a hearing aid.
  • Care costs that relate to food preparation or your bodily functions. 
  • Home adaptations to cope with your injuries, such as a ramp.

However, to claim for these under special expenses, the costs must be necessary and reasonable and not be available for free anywhere else. You could also be entitled to compensation that accounts for a loss of earnings. 

Contact our advisors today to discuss your potential claim. They could provide you with further information about the criteria you must meet to be able to claim after a criminal injury.

Claim For Historical Abuse On A No Win No Fee Basis Using Our Panel Of Sexual Abuse Solicitors

One of the solicitors from our panel could help you with your claim. They have years of experience handling various historical abuse claims. Additionally, if one of them agrees to take on your case, they may offer you a Conditional Fee Agreement (a specific kind of No Win No Fee agreement).

When making a claim with a No Win No Fee solicitor, you are usually not asked to make any upfront or ongoing payments for their services. Furthermore, you will not have to pay them for the work they’ve carried out if the claim fails. However, you will have a success fee deducted from your settlement if you’re awarded compensation. The success fee is a legally capped percentage of your compensation.

If you have any further questions about making a criminal injury claim with our panel of solicitors for sexual assault, you can contact our advisors. They are available 24/7 to offer you free legal advice and answer your questions. They could also advise you whether you could be eligible to make a claim and connect you with a solicitor from our panel.

To speak to an advisor today:

  • Call on the number provided at the top of this page
  • Use our live chat to speak to an advisor
  • Contact us online

Learn More About Making Historical Abuse Claims

Additional articles by us about criminal injury claims:

Further information:

Contact one of our advisors if you have any additional questions about historical abuse claims.

Editor Fern Scrimshaw

Writer Megan Rice