Claiming For Sexual Abuse In Marriage

This guide examines who could be eligible to make a criminal injury claim following sexual abuse in marriage. It’s important to note that there are different ways you could potentially make a claim of this nature, such as against the perpetrator directly or a vicariously liable third party who breached their duty of care. However, for the purpose of this guide, we will discuss the process of claiming through the Criminal Injuries Compensation Authority (CICA).

sexual abuse in marriage

Claiming For Sexual Abuse In Marriage

The CICA is an executive agency sponsored by the Ministry of Justice that handles compensation claims for victims of violent crimes in Great Britain. This is done through their administration of the Criminal Injuries Compensation Scheme 2012

Throughout this guide we discuss the eligibility criteria for criminal injury claims made through the CICA as well as the evidence you can supply in support of your case. You will also find information on the compensation that can be awarded per a fixed tariff outlined in the Scheme 2012 in successful CICA claims. 

Towards the end of this guide, you will find a brief overview of the No Win No Fee agreement our panel of experienced sexual abuse claims solicitors could offer to take your claim under and what benefits this presents. 

To get further advice or a free consultation regarding your eligibility to begin a criminal injury claim, speak to one of our friendly and experienced advisors today using any of the contact information given here:

  • Call the number at the top of this page.
  • Fill in the “Contact Us” here.
  • Use the live chat bubble at the bottom of your screen.

Browse Our Guide

  1. Can You Make A CICA Claim For Sexual Abuse In Marriage?
  2. How Long Do You Have To Claim For Sexual Abuse In Marriage Through The CICA?
  3. What Evidence Can Help Support Sexual Abuse Claims?
  4. How Much Compensation For Sexual Abuse In Marriage Could The CICA Award?
  5. Claim For Marriage Sexual Abuse Using A Specialised No Win No Fee Solicitor
  6. Read More About Claiming Compensation For Spousal Abuse

Can You Make A CICA Claim For Sexual Abuse In Marriage?

As per Section 3 of the Sexual Offences Act 2003, sexual assault is the non-consensual sexual touching of another. This type of abuse can have serious long term effects on both physical and mental health.

In order to begin a CICA claim for sexual abuse in marriage, the following eligibility criteria will need to be met:

  1. You were the victim of a violent crime. The Scheme’s definition of a crime of violence includes sexual abuse.
  2. This crime occurred in Great Britain (England, Scotland or Wales) or another relevant place, such as a ship registered in Great Britain.
  3. The crime was reported to the police.
  4. You are within the time limits for claiming compensation. This will be discussed further throughout our guide.

It’s important to note that the perpetrator does not need to be convicted in order for you to be eligible to seek compensation through the CICA.

Our advisors have significant experience in assessing criminal injury claims. To get a zero-cost consultation regarding your particular circumstances. Get in touch today using the contact information given above.

How Long Do You Have To Claim For Sexual Abuse In Marriage Through The CICA?

A criminal injury claim for sexual abuse in marriage will generally need to be made as soon as it’s reasonably practicable to do so. For adults, this is generally not to be done later than two years from when the incident occurred. There is also generally an expectation that the crime be reported as soon as is reasonably possible. Although if exceptional circumstances prevented you from reporting the crime straight away or making a claim within two years, the CICA can exercise their discretion in applying this deadline.

In 2019, the Scheme was amended to allow victims of domestic sexual abuse to claim through the CICA against family members living under the same roof. A deadline of 13th June 2021 was put in place, although whether they accept claims made after this deadline is up to the CICA’s discretion. What this means is those who have experienced abuse and are reporting it years later could still be eligible to start a claim.

Our advisors can provide more detailed guidance on the time limits for starting sexual abuse claims and explain when exceptional circumstances may apply to a particular case. You can speak to our team 24 hours a day using the contact details given above.

What Evidence Can Help Support Sexual Abuse Claims?

A CICA claim for sexual abuse in marriage will require you to provide some evidence. We have compiled a list of evidence you will need here:

  • Your crime reference number from when you reported the abuse to the police.
  • Evidence you meet the residency requirements.
  • Medical evidence that shows your injuries are compensated under the 2012 Scheme. 
  • Proof of any financial losses.

You do not need to acquire proof of the crime taking place. The CICA will coordinate with the police to obtain such evidence. 

You may benefit from working with a solicitor to collect evidence for your claim. After our team has assessed your eligibility to start a CICA claim, one of the specialist sexual abuse solicitors from our panel could offer support with collecting evidence if you have a valid claim. 

How Much Compensation For Sexual Abuse In Marriage Could The CICA Award?

Compensation following a successful CICA claim for sexual abuse in marriage is awarded per the 2012 Scheme Tariff. The tariff compensates for both physical and psychological injury

Compensation Table

This table contains examples of CICA payouts based on the tariff. It is important we emphasise that the tariff amounts are fixed. Also, the first entry is not from the tariff.

Type of InjuryTariff AmountNotes
Sexual abuse with monetary lossesUp to £500,000Compensation for additional injuries, lost earnings and special expenses stemming from the violent crime.
Non-consensual penile penetration of the anus, vagina, and/or mouth£44,000A serious bodily injury and severe mental illness is caused.
£27,000Permanently disabling and severe mental illness confirmed by professional diagnosis as a result.
£22,000Serious internal bodily injury are caused.
Sexual Assault£27,000Severe mental illness that is permanent and disabling is caused.
£22,000A pattern of frequent, repetitive and severe abuse causing serious bodily injury.
£8,200Pattern of frequent and severe abuse over a period of 3 or more years.
Other Payments£22,000Contraction of Hepatitis B, C or HIV as a direct result of the violent crime.
£11,000Infection with an STI other than Hepatitis B, C, or HIV resulting in permanent disability.
£5,500Pregnancy as a result of a sexual offence.

If you have suffered multiple injuries as a result of a crime of violence, your compensation will be subjected to the multiple injuries formula in the following increments:

  • The highest value injury you have sustained will be awarded 100% of the tariff amount.
  • The next highest, or an equal-value injury, will receive 30%.
  • You will receive 15% of the tariff amount for the third highest or an equal-value injury.

Under the 2012 Scheme, you cannot be awarded compensation for more than 3 injuries. However, if you have contracted an STI, lost a foetus or become pregnant because of the violent crime, you could receive an additional payment. These payments are from a separate tariff, and therefore, the multiple injuries formula is not applied. 

Financial Losses in Claims For Sexual Abuse In Marriage

You could receive a special expenses payment for certain financial losses you incurred as a result of the violent crime. These must be reasonable, necessary, and available from free elsewhere. Possible examples are assistance with cleaning or meal preparation or repairs to any personal aid equipment that was damaged or destroyed.

Payments for a loss of earnings can also be claimed in certain circumstances. The harm you have suffered needs to be serious enough to wholly prevent you from completing paid work.

There are other eligibility requirements that must be met when claiming special expenses and lost earnings payments. To get a more detailed estimate of the compensation you could be entitled to, as well as information on claiming for financial losses, speak to our advisors today using the details given below.

Claim For Marriage Sexual Abuse Using A Specialised No Win No Fee Solicitor

To begin your CICA claim for sexual abuse in marriage, contact our advisors for a zero-cost assessment of your eligibility. If our team decide you have a valid claim, you could be connected to one of the experienced sexual assault solicitors from our panel who could offer to take on your case under a Conditional Fee Agreement (CFA).

A CFA is a No Win No Fee contract that offers claimants notable benefits. First of all, there won’t be any upfront fees for the solicitor to start work on your case in most circumstances. Similarly, you will not be charged for any ongoing fees during the claims process for their services. You will also pay no fees for the work carried out on your case if it loses.

However, if the solicitor wins your claim, you will pay a fee from your compensation. The solicitor will deduct a percentage amount of this compensation award as their success fee. The maximum percentage solicitors can charge for a success fee is legally capped. This means you will keep most of any awarded compensation.

To get further advice or a free consultation regarding your eligibility to begin a criminal injury claim, speak to one of our friendly and experienced advisors today using any of the contact information given here:

  • Call the number at the top of this page.
  • Fill in the “Contact Us” here.
  • Use the live chat bubble at the bottom of your screen.

Read More About Claiming Compensation For Spousal Abuse

You can read more of our criminal injury claim guides here:

We have also included links to external pages you may find useful:

Thank you for reading our guide on starting a CICA claim for sexual abuse in marriage. You can reach our advisors 24 hours a day to ask any questions, or to get a free assessment of your eligibility to begin a claim. Contact our team today using the details given above.