By Danielle Jones. Last Updated 5th June 2024. 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).
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 team members today:
- 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
- Can You Make A CICA Claim For Sexual Abuse In Marriage?
- How Long Do You Have To Claim For Sexual Abuse In Marriage Through The CICA?
- What Evidence Can Help Support Marriage Sexual Abuse Claims?
- How Much Compensation For Sexual Abuse In Marriage Could The CICA Award?
- Financial Losses For Spousal Sexual Abuse
- Claim For Marriage Sexual Abuse Using A Specialised No Win No Fee Solicitor
- 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:
- You were the victim of a violent crime. The Scheme’s definition of a crime of violence includes sexual abuse.
- This crime occurred in Great Britain (England, Scotland or Wales) or another relevant place, such as a ship registered in Great Britain.
- The crime was reported to the police.
- 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 Marriage Sexual Abuse Claims?
The CICA will ask for certain items as part of the marriage sexual abuse claims process. These include:
- The crime reference number from when you reported the spouse sexual abuse to the police. You do not need to prove that the crime took place, as CICA will liaise with the police on this matter. Additionally, as we stated above, you do not need to wait for a conviction for the spousal sexual abuse you suffered before starting your claim.
- Proof that you meet the residency requirements.
- Medical evidence of the injuries you are claiming for.
Additionally, if you are claiming for a loss of earnings connected to spouse sexual abuse, the CICA will ask you for proof of these.
You may wish to have the support of a specialist solicitor during the sexual abuse marriage claims process. One of the No Win No Fee solicitors from our panel can help explain the evidence that the CICA will ask for and ensure that all of the injuries and special expenses you suffered as a result of spousal sexual abuse are accounted for. Call a member of our advisory team to further discuss evidence and how a solicitor could help you.
How Much Compensation For Sexual Abuse In Marriage Could The CICA Award?
Following a successful sexual abuse in marriage claim through the CICA, compensation 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 Injury | Tariff Amount | Notes |
|---|---|---|
| Sexual abuse with monetary losses | Up to £500,000 | Compensation for additional injuries, lost earnings and special expenses stemming from the violent crime. |
| Non-consensual penile penetration of the anus, vagina, and/or mouth | £44,000 | A serious bodily injury and severe mental illness is caused. |
| £27,000 | Permanently disabling and mental illness that is severe in nature. | |
| £22,000 | Serious internal bodily injury are caused. | |
| Sexual Assault | £27,000 | Severe mental illness that is permanent and disabling is caused. |
| £22,000 | A pattern of frequent, repetitive and severe abuse causing serious bodily injury. | |
| £8,200 | Pattern of frequent and severe abuse over a period of 3 or more years. | |
| Other Payments | £22,000 | Contraction of Hepatitis B, C or HIV as a direct result of the violent crime. |
| £11,000 | Infection with an STI other than Hepatitis B, C, or HIV resulting in permanent disability. | |
| £5,500 | Pregnancy 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 For Spousal Sexual Abuse
As part of your claim for spousal sexual abuse, you may also be awarded a special expenses payment. This is to recover necessary costs. These must be reasonable, and the items or services must not be available for free. The costs must also have occurred as a direct result of the spouse sexual abuse you suffered.
Examples of when a special expenses payment might be awarded include:
- Supervision costs to avoid substantial danger to yourself or others.
- Care costs could also be awarded if they relate to preparing food or bodily functions.
- You could also be compensated for replacing any property damaged in the incident(s) if it was relied on as a physical aid. These could include hearing aids, eyeglasses and a walking stick.
You could also receive a payment for loss of earnings if spousal sexual abuse left you unable to work.
Special expenses and loss of earnings payments are subject to other criteria in order to qualify for them. Direct any questions you have about special expenses and loss of earnings payments as part of sexual abuse marriage claims to a member of our advisory team.
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).
When your solicitor works under a CFA (which is a type of No Win No Fee agreement), they:
- Don’t charge a fee to start work on your spousal sexual abuse case.
- Also won’t ask for payments for their services as the claim is ongoing.
- Don’t take payment for their work on your claim for sexual abuse if the case fails.
Your solicitor will only take a fee from your awarded compensation if your case is successful. This is known as a success fee. Your solicitor will take this fee as a legally limited percentage from your compensation.
To get further advice or a free consultation regarding your eligibility to begin a criminal injury claim, speak to one of our friendly advisors via any of the following methods:
- 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:
- Read our guide on starting a claim for sexual abuse by your mother with a criminal injury solicitor.
- Find who could be eligible to begin a claim for sexual abuse by a school and what compensation could be awarded.
- This guide examines claiming for a sexual assault at work and how sexual abuse compensation is calculated.
We have also included links to external pages you may find useful:
- You can get support as a victim of a crime using this Government webpage.
- Get help and support after a crime with these resources from Victim Support.
- Information on how to report rape and sexual assault from the Metropolitan Police.
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.
