This guide will examine the process of claiming compensation for sexual abuse as a child. Child abuse could cause the victim physical and psychological harm, for which you could be entitled to compensation.
A guide on claiming compensation for sexual abuse as a child
In this guide, we will cover current and historical abuse, which is another term for non-recent abuse. The Crown Protection Services explains that some victims of sexual abuse may not report it until many years after. In some cases, you may still be eligible to claim for abuse you sustained as a child.
There are various ways to claim for criminal violence. For example, if you were a victim of sexual abuse at a school due to the school’s negligence (for example, because they failed to perform a DBS check on the teacher who committed the offence), you may be able to claim against them as a vicariously liable party. However, if this is not the case, there are other ways to claim. Read on to learn about the different avenues through which you may be eligible to claim.
Contact our team of advisors to discuss your case. They are experienced in handling claims of a sensitive nature. Therefore, they offer free and confidential advice. If they think your claim is valid and may be successful, they could put you in contact with one of the specialist sexual abuse claims solicitors from our panel.
To speak to someone today, you can:
- Call the number on the banner at the top of the screen
- Contact us via our online form
- Use the live chat feature on this page
Choose A Section
- Can I Claim Compensation For Sexual Abuse As A Child?
- Compensation For Historic Abuse – What Is The Time Limit?
- Who Is Eligible To Claim For Historical Sexual Abuse?
- Top Tips On Claiming Compensation For Sexual Abuse As A Child
- How Much Historic Sexual Abuse Compensation Could I Receive?
- No Win No Fee Solicitors – What Are The Benefits?
- Learn More About Claiming Compensation For Sexual Abuse As A Child
Can I Claim Compensation For Sexual Abuse As A Child?
There are three different ways to claim compensation for sexual abuse. Firstly, you can claim against a vicariously liable party if you can provide evidence showing negligence on their part contributed to the incident. This could be an employer or a school, for example.
Secondly, you may be able to claim against the person responsible for the abuse directly. However, this requires you to know their identity and for them to have the available funds to pay the compensation amount to you.
Finally, if no other options for claiming are available to you, you could claim through the Criminal Injuries Compensation Authority (CICA). This authority provides a government scheme to compensate victims of crimes of violence in Great Britain.
This guide on sexual abuse claims will explain under what instances you can claim, the evidence you may require, and the potential compensation for sexual abuse as a child you could receive for any physical or psychological injuries. Please contact us for more information about the different ways you may be able to claim.
Compensation For Historic Abuse – What Is The Time Limit?
To claim directly against the perpetrator or a vicariously liable party, you generally have three years to start a claim. This time limit applies from the date the abuse occurred, but some exceptions might apply.
On the other hand, if you claim through the CICA, the time limit is generally two years from the date the incident was reported to the police, as this is expected to happen immediately. Although in some cases, such as historical abuse, there may have been exceptional circumstances that prevented you from doing this. You would need to provide evidence of these circumstances to the CICA.
Furthermore, if the incident was reported, but exceptional circumstances stopped you from being able to claim within the two-year time limit, your claim might still be considered. You will also need to show that your case won’t require any further extensive enquiries by a claims officer.
Contact our team if you have further questions about claiming compensation for sexual abuse as a child. If your case is valid, you could be connected with a solicitor from our panel.
Can I Claim On Behalf Of My Child?
Special provisions are made by the CICA for a person with parental responsibilities to apply on behalf of a child who cannot make their own application. Also, if you claim directly against the perpetrator or a vicariously liable party, you could be eligible to claim on a child’s behalf by acting as a litigation friend.
Please contact our team of advisors for more information about claiming on behalf of a person under eighteen.
Who Is Eligible To Claim For Historical Sexual Abuse?
The CICA outlines eligibility criteria that must be met to claim through them:
- You must have been injured due to a crime of violence, as defined in their Scheme.
- The incident must have been reported to the police.
- You must adhere to the time limits laid out above.
- The incident must have occurred in England, Scotland, Wales or another relevant place.
If past sexual abuse has caused you physical or psychological harm, you could be eligible to claim compensation for sexual abuse as a child. Contact us to learn more.
Top Tips On Claiming Compensation For Sexual Abuse As A Child
You will require evidence to claim through the CICA. This includes:
- Evidence showing you meet the residency requirements.
- The crime reference number.
- Medical evidence and proof of any financial losses you intend to claim. You will be expected to cover the cost of this up to £50.
The CICA won’t ask you to provide evidence of the crime, such as CCTV footage or witness contact details; they can liaise with the police for this information. They will also confirm with the police that you cooperated with their investigations and whether or not you have any unspent criminal convictions that might impact your claim.
In the following section, we will focus on how much compensation for sexual abuse as a child you could receive when claiming through the CICA. However, if you claim directly against the person or a vicariously liable party, compensation will be calculated differently. Call our team for more information.
How Much Historic Sexual Abuse Compensation Could I Receive?
There are two potential heads of claim when seeking compensation for sexual abuse as a child, special expenses covering financial losses (which we will discuss in the next section) and payments covering the physical and psychological pain and suffering caused by the violent crime.
Instead of including a child sexual abuse compensation calculator, we have included a table below using the tariff of injuries laid out by the CICA. These show compensation amounts awarded by the CICA for different physical and psychological injuries.
| Injury | Details (all injuries below relate to a person under the age of 18 at the time of offence) | Compensation Amount |
|---|---|---|
| Penile penetration (non-consensual) of one or more of the mouth, vagina or anus. | The person will have a severe permanent disabling mental illness, confirmed by psychiatric diagnosis, and serious internal injury to the body. | 44000 |
| Penile penetration (non-consensual) of one or more of the mouth, vagina or anus. | The person will have a moderate permanent disabling mental illness, confirmed by psychiatric diagnosis, and serious internal injury to the body. | 33000 |
| Penile penetration (non-consensual) of one or more of the mouth, vagina or anus. | The person will have a severe permanent disabling mental illness confirmed by a psychiatric diagnosis. | 27000 |
| Penile penetration (non-consensual) of one or more of the mouth, vagina or anus. | The person will have serious internal injuries in the body. | 22000 |
| Penile penetration (non-consensual) of one or more of the mouth, vagina or anus. | The person will have suffered repeated incidents over a period of up to three years. | 16500 |
| Sexual Assault | A pattern of frequent, repetitive incidents of one or multiple non-penile penetrative or oral genital acts resulting in serious internal injuries in the body. | 22000 |
| Sexual Assault | A pattern of frequent, repetitive incidents of one or multiple non-penile penetrative or oral genital acts over a period of up to 3 years. | 6600 |
| Sexual Assault | One incident of one or multiple non-penile penetrative or oral genital acts. | 3300 |
| Sexual Assault | A serious pattern of non-penetrative sexual physical acts over clothing. | 3300 |
| Sexual Assault | Minor non-penetrative sexual physical acts over clothing. | 1000 |
The CICA can provide compensation for up to three separate injuries. This affects the amount awarded as follows:
- 100% of the tariff amount is awarded for the most highly valued injury.
- 30% of the tariff amount is awarded for the injury valued equal to or second highest.
- 15% of the tariff amount is awarded for the injury valued equal to or third highest.
However, if you become pregnant, miscarry or contract an STI as a result of the attack, you might receive compensation for this through a separate tariff. This will not be subject to the multiple injury formula.
What Other Damages Could I Receive Compensation For During A Sexual Abuse Claim?
If abuse has caused you certain financial losses, you could claim compensation for them through the CICA under special expenses. Special expenses must be reasonable, necessary, and not available elsewhere for free.
For example:
- Treatment not covered by the NHS
- Housing alterations
- Special equipment that you require because of your injury, such as a walking stick
In order to claim special expenses, you need to have lost out on earnings or earning potential for more than 28 weeks. You can also claim a loss of earnings. Unlike other special expenses, this will only be paid from the 29th week onwards; it won’t be backdated to the date of the incident.
The financial costs you can recover will differ depending on how you claim. Contact our team to find out more.
No Win No Fee Solicitors – What Are The Benefits?
Firstly, it is important to note that it is not a legal requirement to use a solicitor when making a criminal injury compensation claim. However, it could be extremely advantageous as they can advise you on compiling evidence, navigating the claims process and building your case.
Moreover, a No Win No Fee solicitor, under a Conditional Fee Agreement (CFA), can provide the benefits of legal representation without you needing to make any upfront or ongoing payments for their services. Also, if your claim is unsuccessful, you do not pay any fees for their services at all.
On the other hand, if your claim is successful, your solicitor will take a small percentage of the compensation, called a ‘success fee’. The law caps this amount to prevent you from being charged too much.
If you would like an assessment of your claim, contact us. If eligible, our advisors could place you in contact with one of the No Win No Fee solicitors from our panel that specialises in sexual abuse claims.
Contact Us For Free Today To See If You Can Claim
Our team of advisors offer free, confidential advice. They can help you to discern which avenue of claim is suitable for your case.
Please contact us by doing one of the following:
- Call the number on the banner at the top of the screen
- Contact us via our online form
- Use the live chat feature on this page
Learn More About Claiming Compensation For Sexual Abuse As A Child
Explore these external resources:
- NHS – Spotting Signs of Child Sexual Abuse
- NSPCC – Non-recent Abuse
- GOV – Criminal Injuries Compensation: a Guide
Thank you for reading this guide to claiming compensation for sexual abuse as a child.
Writer Jess Ocean
Publisher Fern Scrimshaw
