In this guide, we will look at the process of claiming for sibling sexual abuse. There are various channels available in order for victims of violent crime to claim compensation; we will touch upon some of these in this guide.
Sibling sexual abuse claims guide
We discuss how a government-sponsored executive agency called the Criminal Injuries Compensation Authority (CICA) could help you. This agency can pay compensation to victims of violent crime in England, Scotland and Wales when there are no other viable options for the person impacted. This can include help for sexual assault victims.
If you would like to speak to a member of our team in a confidential and free call, please get in touch by:
- Calling our team on the number above
- Requesting a callback online when you contact us online
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Choose A Section
- Can I Claim For Sibling Sexual Abuse? – A Guide
- Am I Eligible To Claim Criminal Injury Compensation?
- Sibling Sexual Abuse – What Compensation Could I Receive?
- Evidence Needed When Making A Criminal Injury Compensation Claim
- Can I Seek Criminal Injuries Compensation On A No Win No Fee Basis?
- Learn More About How To Claim For Sibling Sexual Abuse
Can I Claim For Sibling Sexual Abuse? – A Guide
Sexual offences are outlined in the Sexual Offences Act 2003. This article will focus on sibling sexual abuse that took place when the victim was a child under the age of 18. When someone who is now an adult was abused as a child, this is known as historic abuse.
Child sexual abuse is where a child is forced or incited to take part in sexual activity. Sexual abuse can be contact abuse, where the perpetrator makes physical contact with the victim. This could include rape, kissing and touching, either outside of or underneath clothing.
Sexual abuse can also be non-contact. For example, a perpetrator could commit abuse by making a child look at sexual images or watch sexual activity. They could also engage in sexual conversations with a child online, for example.
Previously, the “same roof” rule prevented compensation from being awarded for incidents that occurred between August 1964 and 30th September 1979, where the assailant lived in the same house as their victim, such as a sibling or a parent. This was removed in 2019, and exceptions were made to the usual time limit for people who had previously been prevented from claiming because of this rule.
For more information on the process of claiming compensation for sibling sexual abuse, speak with one of our advisors today.
Am I Eligible To Claim Criminal Injury Compensation?
There are several ways that you could be able to make a claim for compensation. For example, you can make a claim against the perpetrator directly, provided that they have the means to compensate you.
Alternatively, you might be able to claim compensation against a party that could be seen vicariously liable for the incident. For example, if your household was investigated by Social Services and you can show that they were negligent in not removing you from the household, which allowed you to sustain continued abuse, then you could be entitled to claim against them.
In order to claim through the CICA, you must have reported the incident to the police. This should be done as soon as possible, which is usually immediately after. However, if there was a delay in reporting the crime because of circumstances outside of your control, then your claim may still be considered.
Similarly, the time limit for starting a claim is generally 2 years from reporting the incident to the police. However, if exceptional circumstances stopped you from making your claim, then it could be considered outside of this time limit.
Sibling Sexual Abuse – What Compensation Could I Receive?
You may be wondering how much compensation you could receive for sexual abuse. You could receive compensation for the long-term effects caused by historic abuse. General damage compensation amounts are awarded as per the set CICA tariff of injuries, and we have included an excerpt below.
| Sexual Offence Against A Child | Definition | CICA Tariff Award Amount |
|---|---|---|
| Sexual Assault | A permanently disabling mental illness (that is confirmed by psychiatric prognosis) creating a moderate level of mental illness resulting from non-penile penetrative acts or oral-genital acts | £22,000 |
| Sexual Assault | Non-penile penetrative acts or oral-genital acts that result in internal bodily injuries that are serious | £22,000 |
| Sexual Assault | A pattern of repetitive, frequent non-penile penetrative acts or oral-genital acts that take place over 3 or more years | £8,200 |
| Sexual Assault | A repetitive pattern of frequent non-penile penetrative acts or oral-genital acts that happen over a 3 year period | £6,600 |
| Sexual Assault | Two or more incidents of non-penile penetrative acts or oral-genital acts that are isolated | £4,400 |
| Sexual Assault | A serious, repeated pattern of non-penetrative acts that are sexual and occur under clothing | £3,300 |
| Sexual Assault | Non-penile penetrative acts or oral-genital act(s). One incident. | £3,300 |
| Sexual Assault | Serious but non-penetrative physical and sexual acts under clothing | £2,000 |
| Sexual Assault | Minor non-penetrative sexual act(s) that occur frequently over clothing | £1,500 |
| Sexual Assault | Examples of minor, non-penetrative acts of a sexual nature over clothing | £1,000 |
The CICA will not award separate payments for mental injury and sexual abuse, as some of the tariff amounts for sexual abuse take into account the mental injury that this can cause. You will be awarded for whichever out of the two would result in the highest payment of compensation.
Furthermore, the CICA can only compensate for three injuries from this tariff of injuries. You could receive 100% of the tariff amount for the injury with the highest value, 30% of the tariff amount for an injury with an equal or second-highest value and 15% of the tariff amount for an injury with an equal or third-highest value.
Call for free to learn more about how much your sibling sexual abuse claim could be valued at. If your case has a good chance of success, you could be connected with a lawyer from our panel.
Could I Also Receive Special Expenses For A CICA Claim?
As well as payment for your injury, you could also be awarded special expenses. For example, you could be reimbursed for:
- Property or equipment you relied upon (such as a physical aid) that was lost or damaged as a result of the incident
- Costs you incurred for treatment for your injuries
- Adaptations to your home or vehicle
- The cost of managing your affairs if the incident left you incapable of doing so
These expenses can be considered if they are reasonably priced and not available for free elsewhere. You also need to show that they are necessary. You could also be awarded loss of earnings if your injuries left you unable to work.
In order to claim for loss of earnings and special expenses, you need to show that you lost earnings or earning capacity for at least 28 weeks following the incident. While the payment for special expenses will be backdated, loss of earnings will only be compensated from week 29 onwards.
For more information on what could be awarded in a claim for sibling sexual abuse, speak with an advisor today. You could be connected with a lawyer from our panel to work on your claim.
Evidence Needed When Making A Criminal Injury Compensation Claim
You will be expected to provide the CICA with certain forms of evidence when claiming compensation through them. For example, you will need to show that you meet the residency requirements for making a CICA claim, and you will also need to show that you have reported the incident to the police. You can do so through providing a crime reference number. The CICA might request medical evidence from you, too.
Furthermore, the police will be able to use the crime reference number that you provide in order to communicate with the CICA about the details of your case. For example, they can confirm whether you cooperated with the police in their investigations, as a failure to do so could see your award reduced or withheld entirely.
For more information on making a sibling sexual abuse compensation claim, speak with one of our advisors today. You could be connected with a lawyer from our panel if your case is valid.
Can I Seek Criminal Injuries Compensation On A No Win No Fee Basis?
A solicitor offering a No Win No Fee agreement could help you get your criminal injuries compensation award for sibling sexual abuse. If you work with one of the No Win No Fee sexual abuse solicitors from our panel, you could be offered a Conditional Fee Agreement.
This kind of agreement means that there is usually:
- Nothing to pay your lawyer upfront or as the claim progresses
- Nothing owed to your lawyer in the event that your claim fails
In the event that your claim is a success, you will pay your lawyer a “success fee” from your compensation. This will be deducted from your settlement and has a legal cap, meaning that you will not be overcharged.
To see whether you could be eligible to claim with a lawyer from our panel, speak with a member of our team today.
See If You Can Make A CICA Claim For Sibling Sexual Abuse By Contacting Us For Free
If you would like to know more about claiming, or would like to see if you have a valid case, you can:
- Call our team on the number above
- Request a callback online when you contact us online
- Use the live chat feature on this page
Learn More About How To Claim For Sibling Sexual Abuse
The links below offer more help on this topic. You are free to call or email our team if you need any help:
- Claiming compensation for sexual assault at work
- Making a claim for domestic sexual assault
- What are the average compensation awards for historic sexual abuse?
The resources below offer further reading to help after sibling sexual abuse:
- Advice from the NHS after rape and sexual assault
- Victim Support offers direct support for those dealing with issues like sexual assault
- As well as this, read more about domestic abuse from the Crown Prosecution Sevice (CPS)
Writer Jeff Whistleton
Publisher Fern Scrimshaw
