By Danielle Harmon. Last Updated 21st May 2024. Our guide explains how you can claim compensation for post-traumatic stress disorder (PTSD) from sexual abuse. Violent crimes can have a psychological impact in addition to physical injuries. We outline what post-traumatic stress disorder means and the circumstances in which it can occur.
Additionally, we look at the various ways you can claim for sexual abuse and discuss the evidence that will be required when you do so. Our guide also details the difference in compensation values depending on the avenue you choose when claiming, exploring the Judicial College Guidelines and the tariff of injuries provided by the Criminal Injuries Compensation Authority.
Moreover, we explain how compensation can be awarded and the factors that could affect the settlement you receive. Our guide also discusses the financial benefits of instructing a sexual assault solicitor on a No Win No Fee basis.
To find out more about claiming for mental injuries from sexual abuse, please continue reading. If you require further legal advice, please reach us using the methods below:
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Choose A Section
- Making A Claim For PTSD Due To Sexual Abuse – A Guide
- When Can You Claim For PTSD Due To Sexual Abuse?
- What Are The Average PTSD Compensation Payouts For Sexual Abuse?
- What Evidence Do You Need To Claim For Sexual Abuse?
- Why Use Our Panel Of No Win No Fee Sexual Abuse Solicitors To Claim?
- Learn More About How To Claim Compensation For Abuse Victims
Making A Claim For PTSD Due To Sexual Abuse – A Guide
This guide details how to start a claim for PTSD from sexual abuse. The Sexual Offences Act 2003 defines various offences, including rape, sexual assault, and child sexual abuse.
The NHS defines post-traumatic stress disorder as an anxiety disorder triggered by scary or distressing events. This disorder can cause insomnia, difficulty concentrating, and feelings of guilt. Complex PTSD can develop from repeated traumatic experiences such as prolonged abuse or violence.
There are numerous ways you could be able to claim for mental injuries caused by sexual abuse. We will take a look at exactly what these are in the next section. Otherwise, speak with a member of our team for free legal advice.
When Can You Claim For PTSD Due To Sexual Abuse?
When claiming for PTSD from sexual abuse, you can claim directly against the perpetrator, against a vicariously liable third party, or through the CICA. You can claim against the perpetrator if you know who they are and they have the funds available to compensate you.
You may claim against third parties such as an employer or a school. For example, you may report a colleague’s sexually inappropriate behaviour toward you at work to your employer, and if nothing is done to address this, you could experience sexual assault at work for which they are liable.
Alternatively, if neither of these methods is viable, you could claim through the CICA. This is an organisation sponsored by the government that administers a compensation scheme for victims of criminal injury in England, Scotland and Wales. The perpetrator does not have to be caught or identified in order for you to make a claim through the CICA.
There is a set of eligibility criteria you must meet to claim through the CICA:
- You reported the incident to the police.
- The claim is begun within the time limit.
- The incident occurred in England, Wales, Scotland or another relevant place as defined by the CICA.
- The injuries are from a violent crime. The CICA’s definition of a violent crime includes sexual assault.
A member of our team could let you know whether you have a valid claim. If you do, they could provide you with a lawyer.
What Are The Average PTSD Compensation Payouts For Sexual Abuse?
PTSD compensation payouts, including what you receive and what the settlement is comprised of, will vary depending on how the claim is made and other factors affecting your case. Therefore, knowing the average amount of compensation for PTSD caused by sexual abuse may not benefit you, or your claim.
In the following sections, we explain how compensation could be awarded for PTSD from sexual abuse in a successful claim against a third party who was found vicariously liable. We follow this by looking at how the CICA may award PTSD compensation.
PTSD Payouts Against A Vicariously Liable Party
If you make a successful criminal injury claim against a vicariously liable third party for PTSD from sexual abuse, your settlement could consist of two parts (known as heads of loss). These are general damages (to compensate for the physical pain and mental suffering caused by the sexual abuse) and special damages (to compensate for any related financial losses).
Those responsible for valuing PTSD compensation payouts for general damages may refer to the compensation guidelines published by the Judicial College to help them. The JCG lists compensation guidelines for various forms of harm.
We’ve included a table below to show how compensation could be awarded in a successful PTSD claim for general damages. The first row looks at how you could be compensated for very severe damage to your mental health as well as related expenses. In the following rows, we’ve provided a few figures from the 17th edition of the JCG that could be relevant to PTSD from sexual abuse. It should be noted that the top row is not from the JCG. Additionally, all claims are unique, therefore, this table is only to be used as a guide.
| Injury | Severity | Notes | Value |
|---|---|---|---|
| Very Severe PTSD and Expenses | Very Severe | Settlements may compensate for very severe PTSD alongside related expenses, including lost wages, therapy and medications. | Up to £500,000+ |
| Sexual Abuse | Severe (a) | There is serious abuse and severe psychiatric injury which affects daily life. | £109,830 to £183,050 |
| Sexual Abuse | Moderate (b) | The abuse is less serious and the psychological reaction is less severe and has fewer effects on daily life. | £25,100 to £54,920 |
| Anxiety Disorder | Severe (a) | The effects are permanent and prevent the person from working. | £73,050 to £122,850 |
| Anxiety Disorder | Moderately Severe (b) | The effects are likely to cause significant disability for the future but the prognosis is better. | £28,250 to £73,050 |
| Anxiety Disorder | Moderate (c) | There is a large recovery and the effects are not grossly disabling. | £9,980 to £28,250 |
Settlements for successful claims for PTSD caused by sexual abuse may also consist of special damages. Examples of what you could be compensated for under special damages include:
- Loss of earnings.
- Therapy.
- Medical costs.
- Transport costs.
In order to recover monetary losses, you will need to submit proof as part of the criminal injuries claims process. For example, wage slips, receipts and invoices.
What Are CICA PTSD Payouts for Sexual Abuse?
If no other avenues to claim are open to you, you could be awarded compensation through a CICA PTSD payout. This will be calculated using the fixed tariff amounts found in the Criminal Injuries Compensation Scheme 2012.
Although you can claim for up to three injuries from the main tariff when seeking compensation for PTSD, it will be subjected to the multiple injuries formula. This means that you could receive:
- 100% of the tariff for the injury or harm with the highest value.
- 30% of the tariff for the second highest valued injury (or of an equal value to the first one).
- 15% of the tariff for the third injury.
However, there are other payments that the formula does not apply to that you might qualify for. These include if the incident resulted in you:
- Losing a foetus.
- Becoming pregnant.
- Contracting a sexually transmitted infection (STI).
In our table below, we look at how a CICA PTSD payout could be awarded. The first row shows how you could be awarded for multiple severe injuries, including to your mental health, special expenses and loss of earnings. In the following rows, we provide a few examples of tariff amounts for different mental health injuries and sexual abuse. It should be noted that the top figure is not from the tariff of injuries. As all PTSD compensation payouts differ, the table is only intended as a guide.
| Injury | Notes | Value |
|---|---|---|
| Sexual assault, PTSD and additional damages. | The CICA may compensate for multiple types of harm, lost wages and special expenses. | Up to £500,000 |
| Mental Injury | The injury is permanent and seriously disabling. | £27,000 |
| Mental Injury | The injury is moderately disabling, permanent and confirmed by a psychiatrists diagnosis. | £19,000 |
| Mental Injury | The injury is disabling, has been confirmed by a diagnosis of a psychiatrist, and is lasting five years or more. | £13,500 |
| Penetrative assault | The claimant suffers a severe mental illness along with serious internal injury. | £44,000 |
| Penetrative assault | Causing diagnosed mental illness of a severe nature | £27,000 |
| Penetrative assault | By two or more attackers | £13,500 |
| Penetrative assault | By one attacker | £11,000 |
| Sexual Assault | A sexual assault that is severe involving non-penile penetrative or oral-genital acts that results in severe mental illness. | £27,000 |
| Sexual Assault | A sexual assault that is serious involving non-penetrative sexual physical acts that cause a moderate mental illness. | £22,000 |
Special expenses are another payment you may receive during your claim for PTSD from sexual abuse. The losses must be necessary, reasonable, and result directly from your injuries caused by the incident. These cover losses such as:
- Equipment that was damaged in the incident which you rely on.
- The cost of care related to your bodily functions, food preparation or supervision.
- Adaptations to your home or car.
You could also receive payment for a loss of earnings, but you must show that you could not work or had a very limited capacity to do so for 28 weeks. You will receive compensation from the 29th week onwards.
Speak with an advisor to discuss PTSD compensation payouts.
What Evidence Do You Need To Claim For Sexual Abuse?
Evidence can support your claim. If you claim directly against the perpetrator or against a vicariously liable third party, the evidence will vary compared to this.
When claiming through the CICA, you should provide the following evidence:
- Your police reference number
- Proof that you meet the residency requirements
- Medical evidence
If the CICA requires any further information about your incident, they will acquire this through communications with the police. For example, they might need to confirm whether you have any criminal convictions that could impact your settlement.
Why Use Our Panel Of No Win No Fee Sexual Abuse Solicitors To Claim?
When claiming for PTSD from sexual abuse, you may be interested in instructing a sexual abuse claims solicitor to support your case under a No Win No Fee arrangement. A popular type of this is a Conditional Fee Agreement. This means if your claim is unsuccessful, you generally won’t be required to pay for your solicitor’s services. You also won’t make upfront or ongoing payments.
Your solicitor will take a success fee if your claim is successful. This is a deduction from your compensation legally capped by the Conditional Fee Agreements Order 2013.
Please contact us for free legal advice if you have any queries about No Win No Fee agreements.
Want To Know If You Can Make A Sexual Abuse Claim? Contact Us For Free Today
If you require further information about claiming for mental injuries from sexual abuse, please do not hesitate to reach us. We are here to help and provide legal advice.
You can reach us in the following ways:
- Call us on our number
- Complete our online form to contact us
- Speak with us using the live chat feature
Learn More About How To Claim Compensation For Abuse Victims
Thank you for reading our guide on claiming for PTSD from sexual abuse. If you found our guide useful, you can find more of our information linked below:
- Sexual Abuse By Your Mother
- Statistics On Sexual Assault
- Can I Claim For The Long-Term Effects Of Sexual Abuse I Experienced?
For further guidance, please visit the external sites listed below:
- Help After Rape and Sexual Assault – NHS
- Report a Rape or Sexual Assault – Government Guidance
- Sexual Abuse Support– Government Guidance
Writer Emily Marley
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