Sexual Abuse Claims Advice Guide – Am I Eligible For Compensation For Abuse?

Welcome to our guide on sexual abuse claims. If you have suffered sexual abuse, whether this is sexual abuse by a parent, a family member or someone in a position of trust, you could be entitled to compensation. But who could you claim against, and how would such claims work? We have created this guide to answer questions like this and give you insight into how to go about starting a claim for compensation.

Sexual abuse claims guide

Sexual abuse claims guide

Nobody should have to experience sexual abuse, but the sad fact is that it does happen. If you’re the victim of sexual abuse, you may not think there is anything you can do to be compensated for your suffering. But this is not the case.

In this guide, we will look at the process of claiming compensation for the injuries you’ve sustained following sexual abuse. It’s not just physical injuries that you may be able to claim for. Psychological injury can mean that you’re entitled to compensation, too.

If you have any questions about anything mentioned in this guide or want to begin your sexual abuse claim today, all you need to do is call the team for guidance on 0161 696 9685. Otherwise, continue reading for more information.

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A Guide On Making Sexual Abuse Claims

If you’re reading this guide, you might have been the victim of sexual abuse by a stepparent, partner or family member. Or, perhaps you’re reading this as the parent of a child who has been the victim of child sexual abuse in a school or by a grandparent. You may be wondering what course of action you can take to get the compensation you or your loved one deserves.

The injuries from sexual abuse can take years to recover from, both mentally and physically. Reporting the perpetrator and bringing them to justice could give you some sense of the matter being dealt with. However, you could also make a sexual abuse claim for compensation. This claim can either be made against the perpetrator directly if they have funds. If they don’t have the funds, you could make a claim through the Criminal Injuries Compensation Authority (CICA).

In this guide, we talk you through the process of making a claim for sexual abuse compensation. We discuss how courts and the CICA calculate compensation amounts for such claims and what compensation payouts could include.

Further to this, we offer an explanation of sexual abuse, the signs of sexual abuse and give some guidance on the support that is available to victims. Later on in this guide, we explain how No Win No Fee claims could allow the victim of sexual abuse to benefit from legal assistance when making such claims without having to pay legal fees upfront.

We hope you find the information in this guide useful. To benefit from free legal advice from our knowledgeable team, please don’t hesitate to contact us. We could provide you with free advice on claiming for sexual abuse by a family member, and answer any questions you may have.

Calculating Sexual Abuse Claims For Compensation

If you’re considering making a sexual abuse claim, you may be wondering how much compensation you could be owed for your injuries. Compensation amounts can vary between cases.

In some cases, you would be claiming through the Criminal Injuries Compensation Authority. In others, you may be making a civil claim from the perpetrator themselves. It may sometimes be appropriate to claim against a liable party, for example, if you were abused by a teacher and your school knew about it but allowed it to continue.

Claiming Compensation Via The CICA

If your sexual abuse claim is via the CICA, there is a tariff of injuries that will dictate how much compensation you receive for your injuries. Below, we have illustrated some of the compensation amounts that could be appropriate for sexual abuse injuries in CICA claims.

Type of assault/abuse Guidance Notes Compensation Level
Sexual assault Non-penetrative over clothing acts (minor) £1,000
Sexual assault Non-penetrative under clothing acts (serious) £2,000
Sexual assault Non-penile penetrative or oral-genital acts £3,300
Sexual assault pattern of repetitive frequent severe abuse by one or more attackers over a period of up to 3 years £6,600
Sexual assault pattern of repetitive frequent severe abuse by one or more attackers over a period of 3 years or more £8,200
Non-consensual penile penetration of one or more of vagina,
anus or mouth
Sole attacker £11,000
Non-consensual penile penetration of one or more of vagina,
anus or mouth
Multiple attackers £13,500
Non-consensual penile penetration of one or more of vagina,
anus or mouth
With serious internal injuries £22,000
Non-consensual penile penetration of one or more of vagina,
anus or mouth
Resulting in permanently disabling moderate mental illness
confirmed by psychiatric prognosis
One or more of non-penile penetrative or oral
genital act(s)
Resulting in permanently disabling severe mental
illness confirmed by psychiatric prognosis
Non-consensual penile penetration of one or more of vagina,
anus or mouth
Resulting in permanently disabling moderate mental illness
resulting in permanently disabling mental illness
confirmed by psychiatric prognosis
Non-consensual penile penetration of one or more of vagina,
anus or mouth
resulting in serious internal bodily injury with
permanent disabling moderate mental illness confirmed by
psychiatric prognosis

Claiming From A Perpetrator or Other Liable Party

In some cases, your sexual abuse claim could be made directly against a perpetrator or another liable party. If this is the case, your compensation amount will depend on the extent of your injuries and how they’ve impacted your quality of life.

Courts will use a publication called the Judicial College Guidelines to help them come to appropriate compensation payouts.

When making a personal injury claim, you will usually be invited to an appointment with an independent medical expert. They would assess your injuries and compile a report which could be used to evidence your claim. This medical report could be used to help value your compensation claim.

We’ve included a table with some figures from the most recent edition of this publication to give you some insight into how much you could receive. Bear in mind that these figures are guidelines only and are not guaranteed.

Injury type Notes Guideline Amount
Psychiatric Damage Severe £51,460 to £108,620
Psychiatric Damage Moderately Severe £17,900 to £51,460
Psychiatric Damage Moderate £5,000 to £17,900
PTSD cases Severe £56,180 to £94,470

If you’re not sure what route to compensation you should pursue, please don’t hesitate to call us. We could give you free legal advice relating to this or any other aspect of making a claim.

Damages Awarded For Sexual Abuse

Whether you make a sexual abuse claim against a perpetrator or through the CICA, the payment for your injuries may not be the only thing included in your claim. You could also receive compensation for financial expenses you incur because of your injuries.

CICA Claim Damages

When you claim through the CICA, the part of your compensation that covers financial loss is known as special expenses. Special expenses can include:

  • Loss of income – only if you have had more than 28 weeks off work. You will not be compensated for the first 28 weeks of lost earnings.
  • Any treatment you need that the NHS cannot provide.
  • The replacement of physical aids that were damaged in the incident, for instance, a walking stick or dentures.
  • Care costs – should the local authority or any other source not be able to provide this.

It’s important that you provide evidence of any special expenses that you incur in order for them to be included in your claim. For instance, you will need to prove that your local authority does not provide treatment free of charge in order for you to be able to claim the cost of treatment in special expenses.

Civil Claims Damages

When you make a claim for compensation directly against a liable party or the perpetrator themselves, you can include special damages in your claim. This is compensation for any financial expenses or losses that you have incurred as a direct result of your injuries. They can include:

  • Income loss for any time you’ve had to take off work.
  • Care costs if you are unable to look after yourself.
  • Travel expenses for travel to hospital appointments.
  • Medical costs such as counselling or prescription costs.

Like special expenses in a claim through the CICA, you need to provide evidence of special damages. This might include bills or receipts of any expenses that you’ve incurred.

What Are Sexual Abuse Claims?

If you’ve been sexually abused, whether this is historic abuse or has happened recently, this is often a traumatic experience. You may have suffered physical injuries from such abuse. In addition, it could cause you serious psychological harm for years to come.

You can make a claim for sexual abuse compensation against the perpetrator of the crime directly or a liable party. However, this would require the perpetrator to have sufficient funds to pay your compensation themselves. You could also claim against a liable party, for instance, an employer such as a school. The liable party would need to have neglected a duty of care to you; for instance, if your abuser was a teacher at a school, and the school had neglected to perform a DBS check, they may be liable for your injuries.

You can also make a claim through the Criminal Injuries Compensation Scheme run by the Criminal Injuries Compensation Authority. This is a scheme run by the government aimed to compensate victims of violent crime for the suffering they have experienced.

What Is Sexual Abuse?

According to the Crown Prosecution Services (CPS), sexual abuse could include:

  • Rape
  • Sexual assault (penetrative or non-penetrative)
  • Sex trafficking
  • Child sex abuse, either contact or non-contact
  • Disclosing sexual material of someone else without their consent (“revenge pornography”)

Sometimes, the perpetrator of sexual abuse uses manipulation to force their victim into taking part in sexual activities. The victim may feel that they are in some way to blame for the abuse, but this is never the case. If you’ve been coerced into participating in sexual activity with someone else, that is classed as abuse.

Signs of Sexual Abuse

The signs of sexual abuse could vary. Signs and symptoms of sexual abuse in children, for example, could include:

  • Unexplained changes in behaviour – becoming withdrawn, angry, or depressed
  • Avoidance of certain people (the abuser, for example)
  • Inappropriate sexual behaviour
  • Physical injuries

If you are worried that a child you know has become the victim of abuse, you could speak to the NSPCC in confidence.

Types Of Sexual Abuse Claims

There are lots of different ways in which sexual abuse could happen. It could happen at home, at work or even in an educational or healthcare setting. Sexual abuse examples could include sexual abuse by a parent, sexual abuse by a partner, sexual abuse in a school or even sexual abuse by a carer.

Who Would Pay My Compensation?

There are different ways in which you could make a claim as a victim of sexual abuse.

You can make a claim through the Criminal Injuries Compensation Authority. This is a body that compensates blameless victims of violent crime for their injuries.

In most cases, you would have 2 years from the incident date to make such claims. However, this time limit is extended if you were the victim of abuse while under the age of 18 to two years after your 18th birthday if the abuse was reported while you were a minor. If it wasn’t reported, then you have 2 years after reporting the incident to the police in order to claim.

Another way in which you could claim is against the perpetrator of sexual abuse if they have funds or against another liable party, such as a local authority or an employer.

If you would like free legal advice on who your claim could be against, we would be happy to talk to you about this. Get in touch with our team for more information.

Parental Sexual Abuse Claims

Sexual abuse by a parent is when a parent sexually abuses or assaults their child. If a child is sexually abused by a parent, this could lead to long-term consequences psychologically as well as physically. Whether you suffer sexual abuse by a parent or sexual abuse by a stepparent, this could leave you with a lack of trust, and it could damage future relationships too.

If you have suffered historical abuse from a parent, and you would like to assess whether you could be eligible for sexual abuse compensation from the CICA or through the civil courts, we would be happy to offer you free legal advice. If we believe you could have a valid claim, we could connect you with a solicitor. They could help you get the compensation you deserve.

Intra-Familial Sexual Abuse Claims

It is not just parental sexual abuse that could happen in a family setting. Sadly, some people could experience sexual abuse by a grandparent or another family member. This could happen when a family member comes to visit or when you are left in their care.

Sexual abuse by a family member could include rape, sexual assault, or being forced to engage in the making or viewing of sexually explicit material as a child. If you’re unsure as to whether the experience you’ve had would be classed as abuse, we could help you. Not only could we speak to you in confidence about what’s happened, but we could empower you with the knowledge you’d need to take a claim forward for compensation.

Sexual Abuse In A School

School is a setting you should feel safe and supported in while you learn. If you’ve suffered sexual abuse in school, you may not think of school as a safe place anymore. Whether you’ve been abused by a teacher or another member of staff working in a school, you could lose trust in those in positions of authority.

You may be reluctant to report such abuse in case no one believes you. However, as a victim of sexual abuse in a school setting, your report should be taken seriously, and action should be taken against those who have abused you.

Making a sexual abuse claim for abuse in a school may mean claiming through the CICA, but in some cases, you could claim against someone else. If the school failed to protect you from abuse from teachers or other school staff, for instance, by failing to carry out a DBS check or being told about the abuse but failing to take action, you could launch your claim against the school itself.

Rape Or Sexual Abuse By A Partner

Sexual abuse by a partner is a criminal offence. Just because you are in a relationship with someone does not mean that you automatically consent to sexual activity with them. If your partner forces you into sexual acts against your will or that you have not consented to, this is considered sexual assault. Whether sexual abuse by a partner involves rape, forced kissing, groping, or sexual torture, this could leave you with long-term psychological injuries, as well as physical injuries in some cases.

In some cases, you may be afraid to report sexual abuse by a partner while you are in a relationship with them. However, the offence would need to be reported to the police in order to claim through the CICA. If you want to report sexual abuse by an ex-partner or current partner, you could approach the police or use one of the domestic abuse support charities, such as RAINN, about the abuse. Even if it has been some years since the abuse, it could be possible for you to claim sexual abuse compensation when you’re ready to report it.

Sexual Offences Under The Law

There are many crimes that could be considered sexual offences as per the Crown Prosecution Service. These include:

  • Sexual assault and rape – rape is when someone penetrates another person’s mouth, anus or vagina with a penis. Sexual assault is when someone is forced or coerced into sexual activity. This definition also includes sexual touching without consent. This could involve touching with objects or any part of the body. It could include penetration.
  • Child sexual abuse – this involves those under the age of 18 being forced or incited to take part in any sexual activity, whether violence is involved or the child is aware of what is happening or not. Child sexual abuse could include rape, sexual assault, such as touching or groping. It could also involve non-contact incidents, such as grooming or being involved in watching or creating sexual imagery.
  • Trafficking- trafficking involves someone being forced to work or sold. It can be sexual in nature, for instance, if the trafficked person is sold into sex work.

Just because abuse is non-recent should not prevent it from being prosecuted. In fact, prosecutors regularly use charges that are contrary to the Indecency with Children Act 1960 and the Sexual Offences Act 1956 when dealing with such crimes.

What Should You Do After Experiencing Sexual Abuse

It may be hard for you to come to terms with sexual abuse as a victim or as the parent of a child that has experienced child sexual abuse. However, if you are able to, there are some things that could help you, especially if you’re considering making a sexual abuse claim. These could include:

  • Getting medical advice for any injuries– even if you think you haven’t suffered any physical injuries, you should seek medical attention as you could be at risk of contracting an STI or pregnant.
  • Reporting the matter to the police– this is important in ensuring that the perpetrator is brought to justice. It’s also necessary if you’re looking to make a claim through the CICA.
  • Collecting any evidence (such as witness details or photographic evidence)– this could help you build a compensation claim.
  • Contacting a victim support charity– charities like Rape Crisis and The Survivors Trust could offer you support and guidance in the aftermath of sexual assault.
  • Getting in touch with a specialist solicitor for free legal advice– although there is no legal requirement to have a solicitor act on your behalf in making a claim, we feel that the legal expertise of a solicitor could help the claims process run more smoothly.

If you’d like to talk to us in confidence about your experience of sexual abuse, we could offer you support and guidance.

How To Report Sexual Abuse

There are many ways to go about reporting sexual abuse. Whether the abuse is recent or non-recent, you could report it to the police by calling 101 or visiting a police station. You may even want to contact a Sexual Abuse Referral Centre. You can find the nearest one to you by visiting the NHS website.

Other charities and support groups that could help you could include:

You could also speak to a doctor or practice nurse at your GP. They may be able to refer you to one of the services mentioned above or give you support and treatment if needed.

No Win No Fee Sexual Abuse Claims

Victims of sexual abuse could get help with a sexual abuse claim from a professional solicitor without having to pay legal fees upfront. This is referred to as a No Win No Fee agreement. A No Win No Fee agreement means that:

  • You won’t be asked to pay your solicitor anything before your claim begins or while it’s ongoing.
  • If your claim is unsuccessful, you won’t be asked to cover your solicitors’ costs.
  • In the event that your claim is successful, your solicitor’s costs will be covered by a small, legally capped success fee to be deducted from your compensation award.

If you feel you could benefit from a No Win No Fee agreement, why not contact our team today? Our friendly and knowledgeable advisors could help connect you with a lawyer from our panel.

Speak To Our Specialist Team

If you would like further free legal advice on what’s involved in a No Win No Fee sexual abuse claim, why not speak to our team? We would be happy to talk to you about your case. All you need to do to get in touch is:

  • Call 0161 696 9685
  • Complete the contact form, and we’ll call you back
  • Use the pop-up chat box to the bottom right of this screen

Related Guides

Domestic Violence Statistics– You can read an ONS report on domestic violence here.

NHS – Get Help For Sexual Abuse – The NHS has produced a guide for sexual abuse victims.

What Are CICA Claims?– You can read more about CICA claims here.

Making a CICA Claim With A Criminal Record – You can find out how to claim with a criminal record here.

Sexual Abuse By A Family Member – This guide goes into more detail about sexual abuse claims against family members.

Sexual Abuse At School Claims – You can find out more about claiming for sexual abuse at school here.

Other Criminal Injury Claim Guides

Statistics On Sexual Abuse

The Office for National Statistics has released statistics on sexual assault and rape. According to the Crime Survey for England and Wales, in the year that ended March 2020, 773,000 adults aged 16 -74 experienced sexual assault. The below graph details how common different types of assault are.
Sexual abuse claim

FAQs On Sexual Abuse Claims

What Is The CICA?

The CICA is an executive agency that provides compensation to victims of criminal injury. This includes victims of sexual abuse.

Does The Perpetrator Need To Have Been Convicted?

The perpetrator of sexual abuse does not have to have been convicted for you to make a sexual abuse claim. However, to claim against the CICA, you would need to have reported the crime to the police.

How Long Will My Claim Take?

How long claims take could vary significantly between cases. However, in 2019/20, the CICA’s Annual Report revealed that 81% of new applications had a decision made on them within 12 months.

Thank you for reading our guide on sexual abuse claims.

Guide by OS

Published by NS