Making A Claim For Domestic Sexual Abuse

This guide aims to help you understand whether you’re eligible to make a claim following an incident of domestic sexual abuse. 

domestic sexual abuse

Domestic sexual abuse claims guide

You could make claim via the Criminal Injuries Compensation Authority (CICA) or you can claim directly against the perpetrator or another vicariously liable third party. For the purpose of this guide, we will focus on making a claim through the CICA. 

You may have questions such as: 

  • What evidence is needed to make a claim through the CICA?
  • Is there a time limit for starting a sexual abuse claim?

We have aimed to answer these questions throughout our guide. Additionally, we will explore how the services of No Win No Fee sexual abuse solicitors from our panel can benefit you. 

Please continue reading for more information. Alternatively, you can speak to a member of our team. They offer free legal advice 24 hours a day, 7 days a week. To get in touch:

  • Call us on the number at the top of the page
  • Write to us using our contact page
  • Use the ‘live support’ option for immediate free legal advice.

Choose A Section

  1. What is Domestic Abuse?
  2. Domestic Sexual Abuse – Am I Eligible to Claim?
  3. Is There a Time Limit to Make a Sexual Abuse Claim?
  4. Domestic Sexual Abuse – What Compensation Could I Receive From a Claim?
  5. Making a Sexual Abuse Claim – What Potential Evidence Could You Use?
  6. No Win No Fee Solicitors – Why Use Them?
  7. Read More About Claiming for Domestic Sexual Abuse

What is Domestic Abuse?

The Domestic Abuse Act 2021 outlines domestic abuse as behaviour that is violent, threatening, controlling, coercive or consists of abuse that’s physical, sexual, psychological, economical, emotional or other.

It states that an incident of domestic abuse is between two people who are aged 16 or over and are personally connected to each other.

If you have experienced an incident of domestic sexual abuse, please get in touch to see whether you’re eligible to seek compensation. 

Domestic Sexual Abuse – Am I Eligible to Claim?

As mentioned, there are several avenues you can take to seek compensation. You can claim directly against the perpetrator or another vicariously liable third party. However, if they aren’t identified or don’t have the means to pay compensation, you could claim through the CICA.

The CICA is an executive agency that is in charge of compensating victims of violent crimes in England, Scotland and Wales. The crime must have occurred in one of those countries or another relevant place. 

Additionally, there are other eligibility criteria you must meet in order to claim through the CICA. For example, the incident must have been reported to the police. There are also certain residency requirements.

If you have endured psychological harm as a result of domestic sexual abuse, call us to find out whether you’re eligible to make a claim through the CICA.

Is There a Time Limit to Make a Sexual Abuse Claim?

When you make a claim directly against the perpetrator or another liable third party, you will generally have three years from the date of the incident to start a claim to seek sexual abuse compensation. Some exceptions may apply in certain circumstances.

Alternatively, if you make a domestic sexual abuse claim through the CICA, they ask that you apply as soon as it is reasonably practicable to do so. This is normally two years after the incident occurred which is also the date you are expected to have reported the incident to the police.

However, there are incidents where the time limit can be extended, such as where there have been exceptional circumstances. For example, if you are claiming for historical abuse and you were unable to report the incident to the police at the time due to the psychological impact it had.

Additionally, if a claim is being made for sexual abuse as a child where the incident occurred while the person was under the age of 18, they must apply by the date of their 20th birthday if the incident was reported before they turn 18. 

However, there are other exceptions. Find out more about the time limitation surrounding sexual abuse claims made through the CICA by getting in touch with one of our advisors. 

Domestic Sexual Abuse – What Compensation Could I Receive From a Claim?

If you make a successful claim for domestic sexual abuse through the CICA, you could receive an injury payment as well as special expenses. 

Any harm you have suffered will be valued in line with the tariff of injuries outlined in the Criminal Injuries Compensation Scheme 2012. Not only does this cover any physical harm, but it also accounts for any impact on your mental health, such as stress, anxiety or PTSD. We have compiled a table using figures from the tariff.

InjuryTarriff amountDetails
Non-consensual penile penetration of one or multiple of the vagina, anus or mouth £44,000The result is a serious internal bodily injury alongside a severe mental illness that is permanent and disabling.
Non-consensual penile penetration of one or multiple of the vagina, anus or mouth £22,000The result is a moderate mental illness that is permanent and disabling.
Non-consensual penile penetration of one or multiple of the vagina, anus or mouth £22,000The result is serious internal bodily injuries.
Non-consensual penile penetration of one or multiple of the vagina, anus or mouth £13,500One incident with several attackers.
Non-consensual penile penetration of one or multiple of the vagina, anus or mouth £11,000One incident.
Sexual assault£27,000Causes a medically confirmed severe mental illness that is permanent and disabling.
Sexual assault £22,000Causes a medically confirmed moderate mental illness that is permanent and disabling.
Sexual assault £22,000Serious internal bodily injuries are caused.
Sexual assault£8,200A pattern of repetitive and frequent abuse that's severe lasting over a period of three years or longer. There may have been several attackers.
Sexual assault £6,600A pattern of repetitive and frequent abuse that's severe lasting over a period of up to three years. There may have been several attackers.

You can include several injuries in your claim, but you may only be compensated for three. You could receive: 

  • The full tariff amount for the highest valued injury. 
  • 30% of the tariff amount for the second highest or equally valued injuries.  
  • 15% of the tariff amount for the third highest or injuries that are of an equal value. 

You may also receive an additional tariff payment if you have lost a foetus, contracted a sexually transmitted disease or become pregnant as a direct result of the incident or violent crime.

Please note, if you claim directly against the perpetrator or another vicariously liable third party, your claim will be valued differently. Call us to find out more.

Domestic Sexual Abuse – Other Compensation You Could Receive

In addition, special expenses may also be included in your sexual abuse compensation. This accounts for any financial losses that have been incurred as a result of the domestic sexual abuse you have suffered. For example:

  • Treatment costs 
  • Cost of property or equipment that was damaged
  • Cost of adaptations to your home

All of these will be paid from the date of the incident.

If you claim back loss of earnings, you will start being reimbursed from the beginning of week 29. Before this point, you may be eligible to receive statutory sick pay. 

It is important to keep a record of all losses in order to be reimbursed for them.

Find out how much your criminal injuries compensation claim might be worth by getting in touch with a member of our team. 

Making a Sexual Abuse Claim – What Potential Evidence Could You Use?

You need to provide specific evidence to be eligible to make a claim through the CICA, such as:

  • Evidence that you meet the residency requirements
  • Medical evidence highlighting that you suffered harm that can be compensated by the CICA
  • Evidence of loss of earnings or other special expenses
  • Confirmation that the incident was reported to the police

For more information on the type of evidence you can provide the CICA, please get in touch with a member of our team. 

No Win No Fee Solicitors – Why Use Them?

There are different types of No Win No Fee agreements. One that our panel of domestic sexual abuse solicitors work under is called a Conditional Fee Agreement (CFA). 

You being covered under a CFA means that you will not have to pay your solicitor for their legal services if your claim fails.

To add to this, you won’t have to pay your solicitor for the legal services they provide upfront or while your claim is ongoing.

Should your claim succeed, you will have to pay your sexual abuse claims solicitors a success fee. This is legally capped and will be deducted from your compensation. 

You may be eligible to be covered on a No Win No Fee basis. Find out more by getting in touch with a member of our team who could connect you with one of our sexual abuse solicitors.

Contact Us For Free Legal Advice

For more information on making a domestic sexual abuse claim, you can get in touch by: 

  • Calling us on the number at the top of the page
  • Writing to us using our contact page
  • Using the ‘live support’ option for immediate free legal guidance

Read More About Claiming for Domestic Sexual Abuse

Here we have included some further reading relative to domestic violence:

Thank you for reading our guide on the domestic sexual abuse claims process. Call us for more information.

Writer Beck Pull

Editor Meg Mulhern