Prisons can be a dangerous place for the inmates being held there. The environment poses certain risks and threats. But, this doesn’t mean that it’s acceptable for prisoners to suffer from criminal harm. Even while serving a prison sentence, if you were sexually abused because the prison failed to protect your health and safety, you could be entitled to claim compensation. This guide on inmate sexual abuse claims should help you gain a better understanding of your legal rights.
Key Takeaways
- There are 3 avenues to make inmate sexual abuse claims: against the prison, directly against the perpetrator, or through the Criminal Injuries Compensation Authority (CICA).
- Prison authorities, correctional officers and other prison staff have a legal duty to protect the health and well-being of prisoners.
- If prisons fail to uphold their legal duty, they could be vicariously liable for any harm female or male inmates suffer as a result of this.
- Sexual abuse compensation can cover physical injuries, psychological suffering, and associated financial losses.
- Inmate sexual abuse claims can be made with our No Win No Fee solicitors.
We do not take these types of claims lightly. We are aware that an event like this can affect your day-to-day life in every way and leave long-term impacts. No one should have to go through something like this, and we understand how difficult and brave it is to speak out and take action. Our sexual abuse solicitors can help you make the steps towards claiming compensation, to make the process less intense or daunting for you. They have years of experience and take on all sexual abuse claims with the greatest of considerations. If you would like to speak to someone about your circumstances, we are more than happy to listen. Contact us for free today:
- Call 0333 091 8597.
- Visit our Contact Us page.
- Message an advisor in our on-screen live chat box.
Jump To A Section
- Can I Claim Compensation For Inmate Sexual Abuse?
- How Much Compensation Is Awarded For Inmate Sexual Abuse Claims?
- Will Evidence Be Needed To Claim Sexual Abuse Compensation As An Inmate?
- To Claim Sexual Abuse Compensation As An Inmate, Will I Need A Solicitor?
- No Win No Fee Inmate Sexual Abuse Claims
- Learn More
Can I Claim Compensation For Inmate Sexual Abuse?
You could claim compensation for inmate sexual abuse if you can prove that you were criminally harmed due to the prison’s negligent actions or inactions while as a prison inmate. Essentially, you must prove:
- You were owed a duty of care.
- This duty was breached.
- You were harmed as a result of this breach.
Prisons and their staff owe inmates a duty of care under both common law and human rights law.
Under common law, the prison (through the Ministry of Justice) has a legal responsibility to take reasonable steps to protect prisoners from foreseeable harm, including physical or sexual assaults whether by other inmates or staff.
This duty covers:
- Preventing assaults, where reasonably foreseeable.
- Employing and supervising staff appropriately.
- Ensuring prisoners are held in safe conditions.
- Responding properly to complaints or warning signs of risk.
The prison’s duty of care is reinforced by Human Rights law. Article 2 of the Human Rights Act protects your right to life.
This means the Government should take appropriate measures to safeguard life by making laws to protect you and, in some circumstances, by taking steps to protect you if your life is at risk.
Public authorities should also consider your right to life when making decisions that might put you in danger or that affect your life expectancy.
Therefore, if a prison fails to take the necessary steps to ensure your safety while you are in prison as an inmate, and this causes you to become harmed, you may be able to claim compensation against the prison.
Prison Sexual Abuse Claims Against Prison Guards
The prison service can be vicariously liable for the wrongful acts of its employees, meaning it can be held responsible if a prison officer sexually assaults an inmate while acting in the course of their employment or while misusing their position of authority.
Prison Sexual Abuse Claims Against Another Inmate
A prison could be held liable if one inmate sexually assaults another in certain circumstances, particularly where the assault was reasonably foreseeable and preventable, but the prison failed in its duty of care to protect the victim.
The prison (through the Ministry of Justice) could be liable if the assault was reasonably foreseeable and occurred because of:
- Failure to separate prisoners despite known risks (e.g. the attacker had a history of sexual violence or previous assaults).
- Ignoring reports or warnings from staff or inmates about threats.
- Inadequate staffing or supervision, especially in high-risk areas such as showers or shared cells.
- Poor prison management or risk procedures that allowed the attack to happen.
If such failures are proven, the prison would have breached its duty of care and could be liable for negligence.
Alternatively, if the prison adhered to their duty of care and did everything they could to prevent the sexual assault from occurring, then it’s possible to claim directly against the perpetrator instead. This route is only possible, though, if the perpetrator is identifiable and has the funds to compensate you.
Will I Need To Claim Through The CICA?
You will only need to claim through the Criminal Injuries Compensation Authority (CICA) if the prison can’t be held vicariously liable, and if the perpetrator either can’t be identified or lacks the funds to compensate you. To claim sexual abuse compensation through the CICA, certain criteria need to be met. You can find out what these are by checking out our dedicated CICA sexual abuse claims guide.
The CICA is a Government agency that can award compensation as a last resort to those who have been criminally harmed in Great Britain, when claiming through other avenues aren’t an option. CICA payouts are based on the fixed tariffs from the Criminal Injuries Compensation Scheme 2012, which is different to how sexual abuse compensation is calculated in claims made against a vicariously liable party or perpetrator.
However, as an inmate, your unspent criminal convictions may mean that your CICA claim will be rejected, or your compensation will be reduced. If your unspent conviction led to any of the following, then it’s unlikely that you’ll be able to make your inmate sexual abuse claim through the CICA:
- Custodial sentence.
- A sentence excluded from rehabilitation.
- Youth rehabilitation order.
- You were removed from His Majesty’s service.
If you contact us today, we can tell you whether you can begin the inmate sexual abuse claims process, and which avenue you can take. We know that this can seem incredibly intimidating; but you can ask us anything at all, with no obligation to take any other action.
How Much Compensation Is Awarded For Inmate Sexual Abuse Claims?
How much compensation could be awarded for inmate sexual abuse claims will depend on how you’ve physically, psychologically and financially suffered from the incident. These impacts can be divided into two heads of claim:
- General damages – the way you’ve physically and psychologically suffered following the incident (e.g. depression, internal injuries, etc.).
- Special damages – the way you’ve financially suffered due to the incident.
General damages can be valued by using medical records alongside the Judicial College Guidelines (JCG), which is a document with guideline compensation brackets for different types of harm.
We have included some types of harm that relate to sexual abuse in the table below. We have also included the accompanying guideline compensation brackets from the JCG (except for the top figure, which is the only one not from the JCG):
| Harm | Severity & Notes | Guideline compensation values |
|---|---|---|
| Multiple serious types of harm with special damages | Severe and multiple injuries with special damages, such as damaged property, loss of earnings, and therapy costs. | Up to £500,000+ |
| Sexual abuse | Severe (a) - where the victim suffered serious abuse over a long period of time and a severe prolonged psychological injury. | £109,830 to £183,050 |
| Moderately severe (b) - where the victim suffered serious abuse and a serious prolonged psychological injury. | £54,920 to £109,830 | |
| Moderate (c) - less serious and prolonged abuse with a less severe psychological injury. | £25,100 to £54,920 | |
| Less severe (d) - less serious and short-lived abuse with mild psychological effects. | £11,870 to £25,100 |
Please keep in mind that these figures cannot be guaranteed.
What Can I Claim Under Special Damages?
Under special damages, you can claim back the financial losses that have resulted due to the incident. For example:
- Loss of earnings if you’re unable to work once your prison sentence is completed due to your criminal harm.
- Therapy and counselling costs for mental health support.
- Costs to repair damaged personal belongings, such as a pair of glasses.
Please ensure that you have receipts, payslips, invoices, and bank statements to prove what financial losses you’ve suffered.
While compensation cannot undo what’s been done, it can aid in your recovery and rehabilitation. So, contact us today to see whether we can help you begin the inmate sexual abuse claims process for compensation against a prison. Additionally, we can give you information on CICA payouts.
Will Evidence Be Needed To Claim Sexual Abuse Compensation As An Inmate?
Yes, evidence is needed to claim sexual abuse compensation as an inmate.
To claim criminal injury compensation as an inmate, one of the most important things to do is to report the incident to the police. This is because a copy of the incident report can be used as part of your evidence.
Other pieces of evidence that can best support inmate sexual abuse claims include:
- Copies of your medical records, and of any reports made by rehabilitation specialists.
- Contact details from any witnesses who saw the incident took place, such as other inmates.
- Copies of any communication you’ve had with the prison. This includes recorded evidence that you raised a complaint to the prison about a threat, which they chose to ignore.
- Work documents that show how the prison failed to carry out required health and safety procedures (such as them not carrying out DBS checks).
- CCTV footage from inside the prison of the incident, if possible.
- Photographs of the physical, visible harm.
Our solicitors can collect all of the above for you. They understand how stressful it can be to gather evidence and revisit such incidents, which is why they can do all required legal work on your behalf to make the inmate sexual abuse claims process as easy and manageable for you as possible. So, if you have been injured as an inmate due to necessary procedures under the prison system not being adhered to, please contact us today.
To Claim Sexual Abuse Compensation As An Inmate, Will I Need A Solicitor?
No, it’s not a legal requirement to instruct a solicitor if you’re looking to claim sexual abuse compensation as an inmate. However, having one would benefit you greatly, as the inmate sexual abuse claims process can be very tricky.
Our solicitors have decades of experience working on these types of claims; they have the expertise to ensure that you get the maximum amount of compensation possible.
They can do many things on your behalf to make the inmate sexual abuse claims process as simple as possible for you, such as:
- Gather and present your evidence.
- Handle all communication with the defending party.
- Provide information on mental health services.
- Put you in touch with special rehabilitation specialists.
- Talk you through each stage of the claims process and explain any legal jargon you come across.
- Use their expertise to ensure that the settlement is fair.
- Sort legal representation for you if the claim is sent to court (not to worry – most compensation claims are settled before court proceedings are needed).
Don’t suffer alone. If you have been sexually abused, our compassionate team can be there to help you step-by-step. Contact us for free today to have a short chat about your prison violence and claim eligibility.
No Win No Fee Inmate Sexual Abuse Claims
No Win No Fee inmate sexual abuse claims can be made with our solicitors. However, No Win No Fee does not refer to the cost of making a claim, but rather the costs of hiring legal representation.
If you choose to make your inmate sexual abuse claim with us, then you can feel assured in knowing that there will be no upfront or ongoing solicitors service fees to pay. This is because all of our solicitors work on a No Win No Fee basis – specifically under a Conditional Fee Agreement (CFA) – which also means there will be no service solicitor fees if your claim is unsuccessful.
Instead, your solicitor will keep a small percentage of the compensation if your claim is successful. This percentage, known as the ‘success fee’, is capped by law to ensure that you receive the majority.
Contact Sexual Abuse Compensation Advice
Please feel free to contact us here at Sexual Abuse Compensation Advice if you have any questions about making an inmate sexual abuse claim. Even if you’re still unsure on whether you want to take legal action for your suffering, there’s no obligation to proceed with our services. We can just simply answer any of your queries free-of-charge. Our specialist team are here to listen to you:
- Call 0333 091 8597.
- Visit our Contact Us page.
- Message an advisor in our on-screen live chat box.
Learn More
Learn more about sexual abuse claims:
- How to make a PTSD sexual abuse claim.
- Recent statistics on sexual assault.
- Find out whether sexual abuse compensation is taxable.
These pages might also give you some helpful information:
- NHS – an overview on PTSD.
- Gov.UK – prison data of safety and order.
- Gov.UK – the Prisons and Probation Ombudsman.
Hopefully, this guide on inmate sexual abuse claims has been useful. If you have suffered prison rape or sexual abuse as an inmate and have any questions at all, please don’t hesitate to ask our specialist team – you can contact us for free at any time.
