Historical Sexual Abuse Compensation Guide – How To Claim? – Am I Eligible To Claim?

How We Can Help Victims Of Historical Sexual Abuse To Claim Compensation

A victim of historical sexual abuse may have struggled for many years to talk with anyone at all regarding the abuse that happened to them. We therefore understand that it will be difficult to discuss it again if you’re considering making a compensation claim and will work with you at your own pace if you decide to use us to make your claim.

If you’d like to speak with a member of our team today to discuss the claims process and ask any questions that you may have, please call on 0161 696 9685, but if you’d rather find out more information first then please carry on reading this helpful guide.

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A Guide To Historical Sexual Abuse Victim Compensation Claims

Historical sexual abuse compensation claims guide

Historical sexual abuse compensation claims guide

It may have taken many years for you to come to terms with the abuse that happened to you as a child and, now that you are an adult, you may have decided to seek a sexual abuse compensation. If so, we’re happy to work with you and offer you advice on what steps to take to secure the compensation that you deserve.

This guide aims to provide you with as much information as possible to begin a claim and explain how we work to secure compensation for sexual abuse victims.

The guide covers claims for abuse in schools, churches, youth groups like the scouts, as well as abuse inflicted by family members. It explains how to begin your claim and how we can provide you with a personal injury solicitor from our panel who can make the claim less stressful by offering a No Win No Fee service.

If you are in any doubt about anything at all or need any questions answered, then please call one of our team who will be able to offer free legal advice. We believe it’s essential that you get the correct information before deciding how to proceed and are happy to provide it, especially when considering claims for such horrific crimes.

Historical Sexual Abuse Victim Compensation Calculator

Unfortunately, there is no online claims calculator that can tell you what compensation you may be entitled to. There are too many individual circumstances to calculate and every case is completely different from the next.

We’ll cover what compensation for victims of abuse can be claimed in the next section but, for now, the table below provides information about what compensation can be awarded for injuries (which is just one part of a compensation claim).

InjurySeverity RangeCompensation RangeInformation
CICA Scheme: RapeSevere£44,000Victim is left with severe mental illness and internal injuries.
CICA Scheme: Sexual AssaultRepetitive and frequent£22,000Internal and mental injuries, moderate in severity.
CICA Scheme: Above Clothing Sexual AssaultMinor£1,000Non-penetrative assault.
Personal Injury Claim: Psychiatric DamageModerate£5,000 to £17,900Prognosis is hopeful of a recovery but there may be difficulty in some areas, such as coping with work and building relationships.
Personal Injury Claim: Psychiatric DamageSevere£51,460 to £108,620A poor prognosis for recovery, with a severe impact on the victim's ability to cope with work, stress and life in general.
Personal Injury Claim: PTSDSevere£56,180 to £94,470A lasting condition that causes nightmares, panic attacks, difficulty with relationships and dealing with stress.

As you can see from the table, claiming through the CICA or making a personal injury claim (against an employer for instance) are different processes, so please call to discuss how to proceed.

We know that there can be many more types of injury sustained in sexual assaults, so if any of your injuries aren’t listed then let us know when you call and we’ll be able to provide a much better estimate of the compensation you may be entitled to.

What Can The Victim Of Historical Sexual Abuse Claim Damages For?

A settlement package may consist of two heads of claim: general damages and special damages. Let’s consider each in turn:

General Damages

This part of a claim is to compensate for the pain, suffering and loss of amenity which can include all physical and psychiatric conditions, past, present and future. The table above details potential general damages awards.

Special Damages

These are costs that have been incurred because of the sexual abuse that was committed against the claimant. Essentially, special damages exist to ensure that, in financial terms, you are no worse off than you were before the abuse began. In cases of historical sexual abuse, the aim is to provide some financial award to help with the horrific experiences endured.

Some examples of the types of losses that you can claim for include: 

Loss and Future Loss of Earnings

The impact of the abuse against a claimant could mean that they have to stop working, change jobs or take time off from work. If this can be linked to the abuse, then any lost earnings could be claimed back. This can also include any lost earnings going forward from the date the compensation claim is made.

Costs of Medical Support

If you incur any costs for medical treatment, medicines or therapy because of the crime that was committed against you then you could seek to claim those costs back. Some medical care, not available on the NHS, may be claimed back, if it can be proven by your personal injury solicitor that it was the only option available to you.

Cost of Receiving Professional Care

If you need care to help you manage when you didn’t prior to the sexual abuse, you can claim back the cost.

Travel Costs

If you incur any travel costs, such as travelling to medical appointments or therapy, then you can claim back these costs.

These are just some examples of special damages. If you believe you’ve incurred any other types of costs because of the abuse against you then you should let your personal injury lawyer know as much information as possible so that they can include it in your claim. It’s important to note that if claiming through the CICA, the expenses that you can recover differ to personal injury claims. Speak to one of our knowledgeable advisors today to learn more.

What Does Historical Sexual Abuse Refer To?

Historical sexual abuse involves an individual who has been sexually abused as a child (under 18 years old) but is now an adult. The number of times that sexual abuse occurred does not matter (once is too many times and can lead to a compensation claim) and neither does the length of time since the abuse occurred.

What Are The Most Common Types Of Historical Sexual Abuse?

Historical sexual abuse takes many forms and any type can lead to a compensation claim, so don’t worry if you don’t see the abuse that happened to you in the list below. This is a list of some of the more common types of historical sexual abuse that is reported:

  • Sexual assault: this is when any sexual physical attack happens to the victim. This usually involves force and / or violence and includes a wide range of crimes, including rape.
  • Molestation: this is unwanted stimulation to the victim’s genital area and can include penetration.
  • Voyeurism: The invasion of the victim’s privacy to enable sexual gratification for the perpetrator.
  • Sexual Harassment: Putting pressure on the victim to have sex, usually using status, power or gender as leverage.
  • Exploitation: Using victims for sexual gratification or to gain money.
  • Incest: One of the more common occurrences of historical sexual abuse where a child is sexually abused, in any way, by a member (or more than one member) of their own family.
  • Sexual violence: Harm to the genitals or other sexual parts of the victim’s body.
  • Sadism: Includes sexual violence with the express purpose of causing the victim pain, dread or horror including torture, restraint and mutilation.
  • Exposure: Where the victim is exposed to somebody else’s body parts for the purpose of sexual gratification.

As mentioned earlier, this is just a sample of sexual abuse claims that are made.  If you don’t see the abuse that happened to you, don’t worry, please call and we’ll discuss your case in a compassionate manner.

Statistics Looking At Historical Sexual Abuse Cases And Instances

Statistics that accurately record historical sexual assault are very hard to obtain because it is very common for crimes to not be reported to the police or other organisations. Police reporting methods are improving, but the statistics for this type of crime will never reflect the full picture.

The recording of child sexual assault is difficult to ascertain, but according to a report completed by the Office for National Statistics (ONS) in the year ending 2017, there were 46, 532 reported sexual offences in the UK against minors.

How To Report Instances Of Historical Sexual Abuse

The police have made assurances that any report of historical sexual assault will be investigated thoroughly, so the first thing to do, when you decide to report the abuse against you, is to make contact with the local police.

The police will gather evidence and cross-reference any records that can corroborate any claims such as witnesses, medical records or social services records and then interview the suspect.

Following the interview and any subsequent investigation, the police will present their findings to the Crown Prosecution Service (CPS) who will then review the evidence and make a decision about charging the suspect.

I Was Molested In The Past, Can I Claim Compensation?

When asked this question, we always answer yes. There is no excuse for a child being molested in any way. We understand that this type of sexual assault can cause issues for the victim for many years following the crime, including flashbacks, lack of trust, the inability to form relationships and other psychological conditions.

If you were molested as a child and are now an adult who’d like to seek compensation, then please get in touch and we’ll advise you on what steps to take next.

The CICA Criminal Injuries Authority And Historical Abuse Claims

The Criminal Injuries Compensation Authority (or CICA) is a Ministry of Justice-backed department that deals with compensation claims on behalf of sexual assault victims, including historical sexual assault. The CICA department covers England, Wales and Scotland and can provide compensation for anyone who’s been sexually or physically assaulted.

Childhood Instances Of Historical Sexual Abuse

If you were sexually assaulted as a child and have decided now that you’d like to make a compensation claim, then Advice.co.uk can help you. All cases we take on use solicitors who offer No Win No Fee agreements to help reduce the stress from what we understand is a very stressful process, especially when recalling all of the horrific details of the crime that was committed against you.

Compensation from the CICA scheme is to help you recover, as much as possible, from the trauma of what’s happened to you. Whether that means the funds can pay for treatment or it may be used towards therapy costs, it’s important that you make the claim so that you get the compensation you deserve.

Historical Sexual Abuse Claims Against A Member Of Your Family

We know that it is a sad fact that the most common suspect in child abuse and historical sex abuse claims is a member of the victim’s family. We also understand how hard it can be for the victim to go through the whole process. Advice.co.uk has a team of personal injury specialists who can support you all of the way through the claim to try and remove as much of the stress as possible.

Local Authority Instances Of Historical Sexual Abuse

Local authorities have a duty of care to protect children under their care. It is their responsibility to ensure that children are safe and not sexually abused, so if it can be proven that they failed to act and remove a child from a dangerous situation, we can help to make a compensation claim against them.

Don’t worry if you’re not sure of all of the details. Please call us to discuss what you remember, and we can advise you if we have enough information to begin a claim against the local authority. Remember, if they could’ve done anything at all to prevent the sexual abuse against you, then you are entitled to make a compensation claim.

Workplace Instances Of Historical Sexual Abuse

Sexual abuse within the workplace as an adult can have long-lasting effects on any victim.  If somebody in authority forced you to engage in an unwanted sexual act, you were molested in the workplace or promised things like promotions if you participated in unwanted sexual activity, we could make a claim on your behalf against your employer.

Historical Sexual Abuse Which Happened In A School

There are numerous cases in the press regarding historical sexual abuse within schools, not just boarding schools either. No child should be subjected to any form of sexual abuse, especially when it is committed by somebody that we entrust our children with every day.

If you have a case against a teacher or member of staff at the school you attended, please make contact with us and we’ll assess the claim with you to determine what you should do next.

Claims For Sexual Abuse Against The Church Or Religious Organisations

As with schools, there have been high profile reports of sexual abuse within the church. A minister of the church is there to help in difficult situations or to guide us spiritually, not to sexually assault us in any way.

We can help with any claim against a priest, vicar, nun or other member of the church who has assaulted you while attending church or other church activities. Please contact us with as many details as possible for us to begin with your claim.

Claims Against The Scouts For Historical Sexual Abuse

The Scouting Association is a worldwide charity for boys and girls to make new friends, enjoy new activities and develop new life skills. Most scout leaders are good, decent people who want to help children develop.

Unfortunately, some volunteers in the scouting sector have abused their position of trust and sexually assaulted innocent children for their own sexual gratification.

If you’d like to make a sexual assault compensation claim against the scouting movement, please provide as many details including names, dates and locations where the abuse happened so that we can help build a case for you.

Claims Against A Charity For A Case Of Historical Sexual Abuse

As with other organisations, charities are not exempt from having volunteers who’ve used their position to abuse children. If a charity worker has abused you sexually in any way, please let us know the details and we’ll begin a claim for you.

What Should You Do If You Were The Victim Of Historical Sexual Abuse

Victim of historical sex abuse

Victim of historical sex abuse

There are a number of things you should do if you have been a victim of historical sexual abuse that can help when making a claim:

  • Write down everything that you can remember from the incidents. If possible, try to include times, dates and locations, but don’t worry if you can’t recall fully.
  • See a doctor if you haven’t done so before. Even if any physical injuries are now healed, the doctor still may be able to record them and assess you psychologically. This will mean medical records are created which can become the basis of any claim.
  • If you can, ask anybody else who may have witnessed anything to provide you with their contact details. Even if they didn’t witness the actual crime against you, they may be able to confirm you were with the suspect at the correct times to help validate your claims.

If you’re unsure about what’s needed, please contact us today.

Sexual Abuse And Assault Compensation Time Limits

Under normal circumstances, claiming through the CICA scheme has a 2 year limit from the date the assault was reported to the police. There are, however, situations where the time limit can be waived by the CICA, so it’s important to call us and discuss.

TypeTime Limit
CICA Claim2 years
Historic sexual abuse claim via CICAPlease call to discuss

Again, the 2-year time limit can be ignored in some instances of child sexual abuse claims so please contact us prior to speaking with the CICA as our specialists understand the scheme fully.

How Do I Claim Damages For Sexual Abuse And Assault

If you have been a victim of historical sexual abuse then you can contact us at any point to discuss your options in relation to seeking financial compensation.

You may want to report the abuse to the police as well (if you haven’t already done so), which we know may seem daunting, but could mean the perpetrator is charged for their crime. This will help to support your compensation claim as well because CICA claims can only be made based on incidents reported to the police.

No Win No Fee Historical Sexual Abuse Victim Compensation Claims

No Win No Fee claims enable people to make compensation claims without having to pay a solicitor up front for their work, nor while the claim is ongoing. You don’t pay the solicitor if you lose your case. If they win the case, you pay an agreed share of your compensation to them. This share is capped by legislation so you need not worry about losing a large chunk of your compensation.

Why Victims Of Abuse Should Work With Us

Our team understands how difficult claims involving any form of sexual abuse can be, so we won’t put any pressure on you. We’ll take things at your pace and while we know there are certain questions we’ll have to ask you, we will do so in a professional manner at all times.

When you contact us, we’ll follow this process for all claims:

You make contact with our team We assess your claim.Once you are ready, we can then start your claim.

Call Our Advisors

We are able to help with historic abuse claims that have happened anywhere within the UK and we only work with solicitors who offer No Win No Fee agreements.

We are personal injury specialists who’d like to help make your claim for you. If you’re happy to use Advice.co.uk to begin your claim then you can:

We’ll begin with a free, no-obligation consultation where we can assess your claim with you and then give you an honest opinion about whether you’ve got a good chance of being awarded compensation or not.

Additional Information

For further information please read these other useful articles:

Mental Health Care – An NHS article outlining lifetime mental health support for sexual assault victims.

NSPCC – Sexual abuse information and advice from the NSPCC

No Win No Fee Claims – our guide to No Win No Fee claims

Workplace Rights – our guide to rights in the workplace

 

Guide by TE

Edited by DEG