Frequently Asked Questions – For Sexual Abuse Claims

In this guide, we answer some of the most frequently asked questions (FAQ’s) about making a sexual abuse claim.

We’ll look at whether you could make a claim for historical sexual abuse. Additionally, we’ll set out how compensation for sexual abuse victims may be calculated if they make a successful claim through the Criminal Injuries Compensation Authority (CICA). We also look at the different routes to claiming compensation for sexual and physical abuse.

This guide concludes with a look at how a No Win No Fee solicitor can help you claim sexual assault compensation.

If you have any questions about sexual abuse compensation claims, an advisor from our team could help. They can also help assess your eligibility and if you meet the criteria, connect you to one of our criminal injury solicitors.

You can contact an advisor by:

• Calling an advisor on 0161 509 2856.
• Using our “contact us” form to begin your claim online.
• Send a message using our secure and confidential live chat.

Jump To A Section

• What Can You Do If You Want To Make A Sexual Abuse Claim?
• Can You Claim For Historical Abuse?
• How Much Potential Compensation From A Sexual Abuse Claim?
• How To Report The Crime To The Police?
• What Is The Time Limit For Sexual Abuse Claims?
• Will My Sexual Abuse Claim Be Confidential?
• Can You Change Your Lawyer Or Solicitor When Claiming For Sexual Abuse?
• Can I Speak To Someone About Making A Claim?
• Learn More About Criminal Injury Claims

What Can You Do If You Want To Make A Sexual Abuse Claim?

If you have experienced sexual abuse, you may be able to claim compensation. There are two routes to claiming compensation. If the perpetrator is known and has sufficient funds, you may be able to make a sexual abuse claim directly against them. However, in a lot of cases, claims may be made via the Criminal Injuries Compensation Authority (CICA). The CICA handle compensation claims for victims of violent crimes in Great Britain when no other claiming avenue is open to them.

To claim through the CICA, you need to meet the following eligibility criteria:

1. That you were harmed in a violent crime, such as having suffered physical and sexual abuse.
2. The incident must have taken place in Great Britain (England, Scotland, Wales) or other relevant place. This may include a boat or ship registered in Great Britain.
3. The incident of sexual abuse must have been reported to the police.
4. That you are within the relevant claims time limit.

You must also provide the CICA with certain items. For sexual abuse claims, they will ask for:

• A police reference number. When you report the sexual abuse to the police you will be issued with a crime reference number as part of your rights after a crime.
  Proof that you meet the nationality and residency criteria.
  Medical evidence of your injuries.

A No Win No Fee solicitor from Advice could help you to claim compensation for sexual abuse by a family member such as by a father.

Can You Claim For Historical Abuse?

Historic sexual abuse claims involve claimants who are now an adult, but who were under the age of eighteen at the time of the incident or incidents. You might be eligible to make a historical sexual abuse compensation claim.

You might be worried that it may not be possible to make a child sexual abuse claim against an organisation responsible (such as for sexual abuse at a school if the school is now closed) or a perpetrator (if they died). However, it may still be possible to make a claim through the CICA for historical abuse. In order to do so, you will need to report the historical sexual abuse to the police.

In these cases, you may also be concerned that the time limit may have passed. Later in this guide, we look at general time limits which may apply when making a sexual abuse claim.

Can You Claim Directly Against The Abuser?

There are instances in which you may be able to make a sexual abuse claim directly against either a person or organisation. The CICA is set up to be the last resort for making a criminal injury claim.

In order to seek sexual assault compensation directly from the perpetrator, they will need to have the financial means to settle the claim (should it prove successful).

You may also be able to claim against a third party who was vicariously liable for your abuse. For example, if you suffered childhood sexual abuse at school, the school might be considered vicariously liable.  If a school failed to carry out proper background checks, such as an enhanced DBS check on certain staff members, and you were abused, you could be eligible to claim against the school or local authority.

If you have any questions about sexual abuse compensation claims made directly against a perpetrator or vicariously liable party, speak to an advisor.

How Much Potential Compensation From A Sexual Abuse Claim?

How much compensation a sexual assault claim may be awarded will depend on the injuries sustained and any additional impacts the abuse has had on you. Here we look at what compensation may be awarded for claims made via the CICA.

Sexual abuse compensation will be valued in line with the tariff of injuries set out in the Criminal Injuries Compensation Scheme 2012. The tariffs are fixed figures that set out specific amounts of compensation which may be awarded for physical and psychological injuries.

If you suffered more than one incident of sexual abuse or assault, the CICA may award compensation for up to three injuries from the main tariff. The CICA formula for multiple injuries is:

• 100% of the tariff amount for the most serious/ first injury claimed for.
• 30% of the tariff for the equal or second most serious injury.
• 15% of the tariff for the equal or third most serious injury.

Additionally, there are other injuries that are not subject to the formula that the CICA may award compensation for in a successful sexual abuse claim. These include becoming pregnant, losing a foetus or contracting a sexually transmitted disease as a result of the incident.

CICA Sexual Abuse Tariffs

• For sexual abuse, loss of earnings and special expenses, the CICA may award up to £500,000.
• In cases of non-consensual penile penetration, the claimant may be awarded between £11,000 to £44,000 depending on the number of attackers, mental illness, bodily injuries and whether it was a series of repetitive incidents.
• For sexual assault, ranging from minor non-penetrative acts over clothing to more severe, repetitive and frequent abuse occurring over 3 years or more, or sexual assault causing serious bodily injuries or severe mental illness, the CICA may award up to £27,000.

Other Expenses And Costs

As part of your sexual abuse claim, the CICA may award you for special expenses. Special expenses cover reasonable, necessary costs for items and services that could not have been obtained or accessed for free elsewhere. The CICA may ask for evidence that you meet these criteria.

Special expenses could compensate you for (among other items);

• Property damage for items relied upon as a physical aid. For example, hearing aids and glasses.
• The cost of care relating to food preparation or bodily functions.
• Supervision costs to avoid substantial danger to yourself or another person.

Additionally, you may be able to claim for loss of earnings. Certain eligibility requirements need to be met to receive compensation for loss of earnings.

For an assessment of what you may be able to claim compensation for, please talk to an advisor from our team.

How To Report The Crime To The Police?

As discussed above, you will need a police reference number in order to seek compensation from the CICA. You will need to report the sexual and physical abuse to the police to obtain this. There are several ways to report a crime:

• Online. You will need to file the police report with the local force.
• Phone. For non-emergencies, you can call 101.
• Emergency phone. If an incident is in progress or just happened, you can phone 999.
• Silent call. If you can’t talk and are calling 999 from a mobile, you can press ’55’ when prompted and the call will be put through to the police. Additionally, if you can’t talk and are phoning from a landline but the operator can hear background noise, you will be transferred to the police.

If you lose your police reference number and would like to make a sexual abuse claim through the CICA, you can contact the force who handled your case and they will explain what you need to do to recover it.

What Is The Time Limit For Sexual Abuse Claims?

If you are making a sexual abuse claim through the CICA, certain time limits apply. You will generally have two years from the date the abuse happened to start a claim.

However, for some sexual assault claims, there could be an exception. For an exception to be made, you will need to demonstrate that exceptional circumstances prevented you from starting a claim at an earlier date.

Exceptions to the time limit may include:

1. Where the victim was under the age of eighteen at the time of the incident, and the sexual assault was reported to the police, but no claim was made.  In these cases, the victim will then have two years from their eighteenth birthday in which to claim.
2. Where a victim was under the age of eighteen at the time of the incident and it was not reported to the police. You will need to report the incident to the police and provide proof that an exceptional circumstance prevented you from reporting the incident earlier. This may apply in cases of historical sexual abuse compensation claims.

Additionally, you do not need to wait for the perpetrator to have been caught or prosecuted to start your claim through the CICA.

If you have any questions about these times limits and claiming for historical sexual abuse, please speak to an advisor.

Will My Sexual Abuse Claim Be Confidential?

A sexual abuse claim will deal with circumstances which may be extremely sensitive and difficult to discuss. The claim may deal with sensitive and personal information such as details of sexual abuse suffered as well as medical information. All the information you share with our team will be treated with the strictest confidence.

All of our solicitors and advisors are experienced in dealing with sensitive and personal information. They will handle your case with the utmost seriousness and confidentiality. Ensuring that you have peace of mind during the claims process is important to our team.

Speak to a member of our team in confidence today to see how a No Win No Fee solicitor from Advice could help you.

Can You Change Your Lawyer Or Solicitor When Claiming For Sexual Abuse?

The role of a solicitor in a criminal injuries compensation claim is to provide you with legal advice as well as support. The work they provide should give you the best possible chance of your claim having a successful outcome.

In certain circumstances, you may find that your solicitor’s work is unsatisfactory and fails to meet reasonable expectations. You may be able to change your solicitor when;

• Your solicitor has not efficiently built your case.
• Your solicitor has not been corresponding sufficiently with third parties in the case, such as the CICA. Delays in correspondence between your solicitor and the CICA could delay your case and may be frustrating for you.
• The case is progressing very slowly and your solicitor does not offer an explanation as to why this is.
• Your solicitor has consistently not replied to your enquiries or has not provided you with updates on your cases progression.

If you have already started a sexual abuse claim with another solicitor and feel their work does not meet reasonable standards, please call our team.

Can I Speak To Someone About Making A Claim?

Our team is on hand to provide you with advice about making a sexual abuse claim. One of our advisors can discuss the sexual abuse compensation claims process with you. Additionally, they can help value your claim and check your eligibility. If you meet our eligibility criteria, you could be connected with a No Win No Fee solicitor from Advice.

Our solicitors offer their services under a Conditional Fee Agreement (CFA). This means that your solicitor:

• Won’t ask for a payment for their work on your sexual abuse compensation claim upfront.
• Also won’t take ongoing fees as the claim progresses.
• Doesn’t ask for a payment for their services if the claim fails.

However, if your claim for sexual assault is successful, they will take a success fee from the compensation awarded to you. A legal cap limits this percentage.

Contact an advisor for further information about how we could help you. To discuss sexual abuse compensation claims:

• Call 0161 509 2856.
• Fill out our “contact us” form and an advisor will call you at a suitable time.
• Send a message using our secure and confidential live chat.

Learn More About Criminal Injury Claims

Below we have included charities and support services which can help victims of sexual abuse:

• You can get 24/7 support from Rape Crisis, including using their support line for victims of sexual abuse.
• The NHS provides help after rape and sexual assault. Learn more at this resource.
  Further information about reporting rape, sexual assault or another sexual offence from the Police.

Thank you for reading our guide to making a sexual abuse claim. Please contact our team for further help about claiming for sexual abuse or assault.