By Danielle Harvey. Last Updated 14th May 2024. This guide aims to help you understand whether you’re eligible to make a claim following an incident of domestic sexual abuse.
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
- What is Domestic Abuse?
- Domestic Sexual Abuse – Am I Eligible to Claim?
- Is There a Time Limit to Make a Sexual Abuse Claim?
- Domestic Sexual Abuse – What Compensation Could I Receive From a Claim?
- Making a Sexual Abuse Claim – What Potential Evidence Could You Use?
- No Win No Fee Solicitors – Why Use Them?
- 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 your sexual domestic abuse claim through the CICA is successful, your compensation could consist of a payment for your injuries, special expenses and lost wages.
The payment for your domestic sexual abuse injuries will be calculated using the fixed amounts in the tariff of injuries. These can be found in the Criminal Injuries Compensation Scheme 2012. Your domestic sexual abuse claim could include up to three injuries from the main tariff. Claims from the main tariff will be subject to the multiple injuries formula, which follows as:
- The injury with the highest value is awarded 100% of the tariff.
- 30% of the tariff amount for the injury with the next highest value or of equal value.
- For the third or an equally valued injury, you will be awarded 15% of the tariff amount.
Additionally, if you make a successful domestic sexual abuse claim, there are other payments not subject to this formula that you could qualify for. These include compensation if:
- You lost a foetus.
- Became pregnant.
- Contracted a sexually transmitted infection (STI).
We look at a few tariffs that could be relevant to a sexual domestic abuse claim in the table below, aside from the first entry which is not taken from this tariff. As every sexual domestic abuse claim has different factors affecting it, this table is only included as a guide.
Injury Tarriff amount Details
Multiple injuries, special expenses and loss of earnings Up to £500,000 Additional injuries, lost wages and special expenses could be included in the award.
Non-consensual penile penetration of one or multiple of the vagina, anus or mouth £44,000 The 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 £33,000 This results in a permanent mental illness that is of a moderately disabling nature alongside serious internal bodily injuries.
Non-consensual penile penetration of one or multiple of the vagina, anus or mouth £22,000 The 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 £22,000 The result is serious internal bodily injuries.
Non-consensual penile penetration of one or multiple of the vagina, anus or mouth £13,500 One incident with several attackers.
Non-consensual penile penetration of one or multiple of the vagina, anus or mouth £11,000 One incident.
Sexual assault £27,000 Causes a medically confirmed severe mental illness that is permanent and disabling.
Sexual assault £22,000 Causes a medically confirmed moderate mental illness that is permanent and disabling.
Sexual assault £22,000 Serious internal bodily injuries are caused.
Domestic Sexual Abuse – Other Compensation You Could Receive
You could also recover your reasonable and necessary costs that occurred as a direct result of the domestic sexual abuse you suffered through a special expenses payment. Examples of what you can claim for include:
- Replacement of property damaged in the incident. This must be equipment relied upon as a physical aid, such as eye glasses.
- Supervision costs to avoid substantial danger to yourself and others.
- Care costs related to your bodily functions or food/meal preparation.
To receive a special expenses payment, these items must not be available for free elsewhere.
Additionally, if the domestic sexual abuse incident resulted in time off work, you might also be entitled to a loss of earnings payment. In order to qualify for a loss of earnings and special expenses payment, you must meet certain criteria. Please speak with a member of our advisory team to find out more.
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:
- GOV – Reporting Rape and Sexual Assault
- GOV – Get Support as a Victim of Crime
- NHS – Help After Rape and Sexual Assault
Thank you for reading our guide on the domestic sexual abuse claims process. Call us for more information.
Writer Beck Pull
Editor Meg Mulhern
