Have you experienced sexual abuse from your wife? You could be entitled to make a criminal injury claim. You might have questions such as:
- How do I make a criminal injury compensation claim?
- What is a CICA claim?
- How are these kinds of claims valued?
Sexual abuse from your wife claims guide
All of those questions will be answered in detail in this guide. We will also look at the eligibility criteria needed to make a claim and the steps you can take to strengthen your claim.
Additionally, we will explore how much compensation you could be entitled to and the different heads of claim your payout could consist of.
However, if you would prefer to speak directly to a member of our team, you can do so. Our advisors are available 24 hours a day, 7 days a week, to offer free legal advice. To get in touch:
- Use our live chat feature
- Call the number at the top of the page
- Contact us via our website
Choose A Section
- Can You Claim For Sexual Abuse From Your Wife? – A Guide
- When Can You Make CICA Claims?
- Evidence When Making A CICA Claim
- Potential Criminal Compensation Payouts
- Can You Claim For Criminal Injuries Compensation On A No Win No Fee Basis?
- Learn More About Claiming For Sexual Abuse From Your Wife
Can You Claim For Sexual Abuse From Your Wife? – A Guide
As outlined by the Crown Prosecution Service (CPS) and defined in the Sexual Offences Act 2003, sexual assault is any sexual touching that occurs without consent. It can be done with a body part of the attacker or with an object. Rape is a criminal offence that can only be perpetrated by someone with a penis, although someone without a penis might be found guilty of rape if they help an attacker carry out this kind of crime.
Sexual assault could happen in a number of circumstances, for example, at work or whilst you were a child at school; the latter could lead to a historical sexual abuse claim. Sexual abuse could also be perpetrated at home by a parent or sibling. However, for the purpose of this article, we will be focussing on abuse perpetrated by your wife.
Domestic sexual abuse can cause short-term and long-term effects. Furthermore, the injuries that you experience could be physical and/or psychological in nature.
This guide will clarify further the circumstances in which you can claim and the potential payout you could receive after sexual abuse from your wife. Or, if you would like to get in touch with one of our advisors, you can do so. They may be able to connect you with a solicitor from our panel.
When Can You Make CICA Claims?
If you know that the perpetrator of your crime has the assets to pay you sexual abuse compensation, you can make a claim directly against them. If not, you may be able to claim through the Criminal Injuries Compensation Authority (CICA).
The CICA is an executive agency that receives sponsorship from the government. They can award compensation to victims of violent crimes in Great Britain.
To be eligible to claim via the CICA, the sexual assault from your wife must have happened in England, Scotland, Wales or another relevant place. You must also be a direct victim of a crime of violence; sexual assault is considered a violent crime according to the CICA.
Additionally, you must have reported the incident to the police. This should be done as soon as possible, which is usually right away. Furthermore, you must begin your sexual abuse claim within the time limit that is outlined by the CICA; this is generally 2 years, but can be longer in exceptional circumstances.
If you would like more information on whether you could be entitled to claim through the CICA and the eligibility criteria to do so, please get in touch with a member of our team. They may be able to connect you with a lawyer if your case is valid.
Is There A Time Limit To Receive Sexual Abuse Compensation?
As previously stated, you must start your CICA claim within 2-years. This time limit begins when you report sexual abuse from your wife to the police.
If there is a delay in reporting the abuse or launching the claim, the CICA can look at the circumstances. If they decide that exceptional circumstances stopped you from reporting the police or launching the claim within the expected time limit, then your claim could still be considered.
You may be wondering, “how long does a criminal injury claim take?”. The CICA Annual Report and Accounts 2021-22 confirms that 68% of new application claims were decided within 1 year.
If you would like more information regarding CICA claims and the time limit that applies to them, please get in touch with a member of our team.
Evidence When Making A CICA Claim
If you are looking to make a claim through the CICA, you must be able to provide evidence that you meet their eligibility requirements. They are:
- Evidence that you meet the residency requirements, i.e. living in England, Scotland, Wales or another qualifying place
- A police reference number to prove the crime has been reported
- Medical evidence, as well as evidence of any special expenses
The CICA liaise with the police about the details of your case. They will also confirm factors such as:
Whether you have any unspent criminal convictions- these could affect your award amount or see your compensation withheld altogether.
For a better insight into the evidence you could provide in support of a CICA claim, do not hesitate to get in touch with a member of our team.
Potential Criminal Compensation Payouts
If you win your sexual assault claim after being subject to sexual abuse from your wife, the criminal injuries compensation you receive could comprise two heads of claim. You could receive an injury payment and special expenses.
Firstly, injury payments seek to compensate you for the pain and suffering caused by sexual abuse by your wife. This will be based on the CICA’s tariff of injuries, which determines how much criminal injury compensation is awarded in these claims.
You can claim for multiple injuries from this tariff, but you will only receive:
- The full tariff amount for the highest-valued injury
- 30% of the tariff amount for the second highest or equally valued injury
- 15% of the tariff amount for the third highest or equally valued injury
There is another tariff from which you can be awarded compensation that is not subject to this formula, including injuries like losing a foetus or contracting a sexually transmitted disease.
We have provided examples of criminal injury compensation tariff amounts from the CICA in the table below as an alternative to using a criminal injury claim calculator.
| Injury | Tarriff amount | Details |
|---|---|---|
| Sexually transmitted infection | £22,000 | Infection with Hepatitis B, Hepatitis C or HIV. |
| Sexual assault | £22,000 | Resulting in severe mental illness that is diagnosed and causes permanent disability |
| Sexual assault | £22,000 | Resulting in moderate mental illness that is diagnosed and causes permanent disability |
| Sexual assault | £22,000 | Causes serious injuries inside the body |
| Sexual assault | £8,200 | Pattern of repeated and frequent severe abuse that lasts 3 years or more |
| Sexual assault | £6,600 | Pattern of repeated and frequent severe abuse that lasts up to 3 years |
| Sexual assault | £3,300 | Severe- Oral-genital acts or penetration with something other than a penis |
| Sexual assault | £2,000 | Serious- Over clothing and without penetration |
| Sexual assault | £1,000 | Minor- Over clothing and without penetration |
If you would like a more in-depth analysis of how much you could be owed after sexual abuse from your wife, please speak with a member of our team today.
Special Expenses In Wife Sexual Abuse Claims
You might also be compensated for certain financial losses you incur through special expenses.
For example, due to the emotional impact the sexual abuse has, you may be unable to work for a prolonged period of time. Special damages may reimburse you for this.
For this to be the case, you must be out of work for more than 28 weeks, and you will receive loss of earnings compensation from the start of the 29th week.
Special expenses must be may also cover:
- Certain care costs
- Treatment costs
- The cost of physical aids that you relied on that were damaged because of the incident
In order to claim any of these special expenses, you will also need to show that you lost earning capacity for at least 28 full weeks. However, this will be backdated to the date of the incident.
For more information on how much you could be owed in compensation, please get in touch with our team. They may be able to connect you with a solicitor to help you with your claim following sexual abuse from your wife.
Can You Claim For Criminal Injuries Compensation On A No Win No Fee Basis?
Our criminal injury solicitors can offer to represent you on a No Win No Fee basis. They might offer you a kind of agreement called a Conditional Fee Agreement (CFA).
Being covered under a CFA means that you generally don’t pay your lawyer upfront or as they work on your case. Additionally, if your claim is unsuccessful, you will generally not be required to pay them for their services.
A legally capped success fee will be taken from your payout and paid to your sexual abuse solicitor in the event of a successful claim.
You may be eligible to be represented on a No Win No Fee basis; for more information, get in touch with a member of our team. You can do so by:
- Using our live chat feature
- Calling the number at the top of the page
- Contacting us via our website
Learn More About Claiming For Sexual Abuse From Your Wife
Here is some additional reading relative to criminal injury claims:
- GOV.UK – Get support as a victim of a crime
- NHS – Mental health services
- Victim support – Emotional support after a crime
Thank you for reading our guide on what to do if you have suffered sexual abuse from your wife.
Writer Beck Pull
Publisher Fern Scrimshaw
