If you have been a victim of sexual abuse by a doctor, you may be entitled to claim criminal injury compensation. There is a set of eligibility criteria that need to be met in order to do so. However, these will vary depending on the way you make your claim.
Sexual Abuse By A Doctor – Advice For Claiming Compensation
There are several avenues available to proceed with your criminal injury case. In some instances, it may be possible to claim directly against the perpetrator, if they have been identified and have the means to pay compensation.
Alternatively, the claim could be directed against a vicariously liable party, such as a hospital who failed to uphold the duty of care they owed a patient. For example, the hospital may have failed to carry out a Disclosure and Barring Service check on a doctor. If this check would have given the hospital reason not to employ the doctor, and they then went on to sexually abuse a patient, the hospital would be vicariously liable.
Our guide looks to provide guidance on how you could claim through the Criminal Injuries Compensation Authority (CICA). The CICA is a government-funded agency that administers the Criminal Injuries Compensation Scheme 2012. The Scheme was established to provide an avenue of claim for victims of violent crimes. It is important to note that the Scheme is intended as a means of last resort, and if you are able to claim compensation through the other avenues, you should do so.
We will explain the eligibility criteria to claim via the CICA, as well as the evidence you can collect to support your case. You will also find information on how compensation is awarded.
For more information, you can get in touch with an advisor. They can assess your case and may connect you with an expert No Win No Fee sexual abuse claims solicitor from our panel. To reach them, you can:
- Call the number above.
- Complete our “Contact Us” form.
- Use the live chat function below.
Browse Our Guide
- Can You Claim For Sexual Abuse By A Doctor?
- Is There A Time Limit When Making A CICA Claim?
- How To Claim For Sexual Abuse By A Doctor
- How Much Compensation Could You Receive When Claiming For Sexual Abuse By A Doctor?
- Use No Win No Fee Sexual Abuse Solicitors To Claim Compensation
- More Resources About CICA Claims
Can You Claim For Sexual Abuse By A Doctor?
In order to begin a claim through the CICA for sexual abuse by a doctor, you will need to meet the following criteria:
- You were the victim of a crime of violence that the 2021 Scheme compensates for. The definition of a crime of violence listed in the Scheme includes sexual assault.
- This crime occurred in Great Britain (England, Scotland or Wales) or another a relevant place, such as a ship registered in Great Britain.
- The crime was reported to the police.
- You submit your claim within the relevant time limits.
The perpetrator does not need to have been convicted or identified for you to begin a claim. You can enquire further about your eligibility to begin a CICA claim by contacting our advisors using the details given above.
Is There A Time Limit When Making A CICA Claim?
Criminal injury claims are, in most cases, subject to a two-year time limit from the date the crime was reported. In cases where exceptional circumstances prevented reporting, an extension could be granted.
For cases of historical sexual assault where the victim was under 18 at the time of the abuse, a CICA claim has to be started by their 20th birthday if the abuse was reported to the police before they turned 18. If the crime was reported after their 18th birthday, the two-year limit starts from when the incident was reported to the police.
Even if you reported the abuse years later, you may still be eligible to begin a claim. Talk to our team today for further advice on the exceptions to the time limits when claiming compensation for sexual abuse by a doctor.
How To Claim For Sexual Abuse By A Doctor
Claiming for sexual abuse by a doctor through the CICA will require you to submit some supporting evidence. We have included examples here:
- Your police reference number from when you reported the crime.
- Proof you meet the residency requirements.
- Any medical evidence that shows you sustained injuries that the Scheme compensates for.
Proof of the crime taking place, such as witness statements or any CCTV footage, will be acquired by the CICA in liaison with the police, so you will not need to acquire this evidence yourself.
If our team decide you have a valid claim, a specialist criminal injury solicitor from our panel of experts could support you with collecting evidence, as well as ensuring that the claim is brought within the relevant time limit. Get your particular circumstances assessed by one of our advisors today by using the contact information given below.
How Much Compensation Could You Receive When Claiming For Sexual Abuse By A Doctor?
A successful CICA claim for sexual abuse by a doctor will see you awarded compensation in line with the 2012 Scheme’s Tariff of Injuries. This document details what injuries the Scheme compensates for alongside the amount awarded for those injuries. The scheme compensates for both physical and psychological injury. You can see some examples of CICA payouts from the tariff in the table below.
Compensation Table
Please be advised that the amounts given in this table are fixed.
| Harm | Tariff Amount | Notes |
|---|---|---|
| Sexual abuse and additional damages | Up to £500,000 | Compensation for special expenses, loss of earnings and additional injuries. |
| Non-consensual penile penetration of the mouth, anus or vagina | £44,000 | Resulting in serious internal injuries and severe mental illness confirmed by psychiatric diagnosis. |
| £33,000 | Resulting in serious internal injuries and moderate mental illness confirmed by psychiatric diagnosis. | |
| £27,000 | The result is a permanent and disabling mental illness of a severe nature. This is confirmed by a medical professional. | |
| £22,000 | Pattern of repetitive incidents over a period of 3 years or more. | |
| £16,500 | Repeated attacks over a period of up to 3 years. | |
| Sexual Assault | £27,000 | Frequent and repetitive abuse over a period of 3 or more years resulting in severe mental illness. |
| £22,000 | Severe repeated abuse resulting in serious internal injuries. | |
| Other Payments | £22,000 | Infection with one or more of HIV, Hepatitis B or C as a result of the abuse. |
| £11,000 | Infection with an STI other than HIV, Hepatitis B or C causing substantial disability. |
For cases where an injured has sustained more than one injury, the multiple injuries formula may be applied in the following increments.
- The highest value injury will be awarded 100% of the tariff amount.
- The second highest or equal value injury will be awarded 30%.
- The third highest or equal value injury will be awarded 15%.
While the Scheme does not compensate for more than 3 injuries, you could receive a separate tariff award in cases where you became pregnant, lost a foetus or contracted an STI as a result of the abuse.
Claiming Special Expenses After Sexual Abuse By A Doctor
You could be eligible to claim special expenses as part of your CICA compensation. Special expenses refers to costs incurred from being the victim of a violent crime. Examples can include costs for domestic care and support, the administration of your affairs if your mental capacity has been reduced or repairs for any personal aid equipment damaged in the attack. Certain eligibility criteria must be met to claim special expenses.
You could also receive a payment for loss of earnings if you were unable to work as a direct result of the criminal injury. There are also criteria that must be met in order for you to qualify for this payment.
For further information, contact our advisors using the contact details given below.
Use No Win No Fee Sexual Abuse Solicitors To Claim Compensation
Our panel of solicitors have significant experience in handling sexual assault claims. You could be connected with one of them if our advisors decide your particular circumstances meet the eligibility criteria to call our team today for a zero-obligation assessment of your potential claim for free.
Solicitors from our panel can offer their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee contract with considerable benefits for claimants. These benefits usually include not having to pay any fees upfront or during the claims process for the solicitor’s work. There is also no fee to pay for their services if your claim does not succeed.
There will, however, be a fee if your claim is a success. The solicitor will deduct a percentage of your compensation before the remainder is sent to you. This percentage amount is called a success fee. The maximum success fee percentage is capped by law. What this cap means for you is that you will keep the majority of the awarded compensation is yours to keep.
Our dedicated and experienced are on hand to provide you with considered and confidential advice at any time. They can also assess your eligibility to begin a criminal injury claim free of charge. You can reach an advisor via any of the following:
- Call the number at the top of the page.
- Complete our “Contact Us” form.
- Click the live chat at the bottom of your screen.
More Resources About CICA Claims
See more of our criminal injury guides:
- Learn more about making a CICA claim for teacher sexual abuse.
- Find out how you could claim compensation for a sexual assault at work.
- Read our guide on making a claim for sexual abuse from your wife.
External resources you may find useful
- You can report a crime online via this Police webpage.
- This government webpage lists various means of getting support as a victim of crime.
- The NHS has published this guidance on getting help after rape and sexual assault.
We’d like to thank you for reading our guide on when you could be eligible to start a claim through the CICA for sexual abuse by a doctor. Read some of other guides for more information on the claims process, or speak to our team today via the contact details provided above.
