By Stephen Kane. Last Updated 5th May 2023. If you are reading this guide, you might be thinking about claiming compensation for abuse that you’ve endured. Therefore, in this article, we will try to answer the question, “My husband sexually abuses me, could I be compensated?”
In many cases, compensation claims might be possible through the Criminal Injuries Compensation Authority (CICA). The scheme is operated by the government and pays compensation to victims of violent crimes. As the scheme differs from the normal personal injury claims process, we’ll explain the claims process as we progress through this guide.
Sexual abuse by husband compensation claims guide
To discuss your potential claim in confidence today, please contact our advisors on 0161 696 9685 or get in touch with us by requesting a callback. To learn more about when you could claim for the suffering caused by a sexually abusive partner, please read on.
Select A Section
- Claiming Sexual Assault Compensation
- What Special Damages Are Awarded In Sexual Abuse Claims?
- What Counts As Sexual Abuse In A Marriage?
- Types Of Abuse In Intimate Relationships
- What Injuries Could I Suffer If My Husband Sexually Abuses Me?
- My Husband Sexually Abuses Me, How Do I Get Help?
- No Win No Fee Claims For Sexual Abuse In A Marriage
Claiming Sexual Assault Compensation
When pursuing a claim for sexual abuse by your husband through the CICA, you can be compensated for the physical and psychological injuries you have suffered due to the incident.
Below, we have created a table to help you understand how much you could receive following a successful criminal compensation claim. When creating this table, we have used figured from the tariff of injuries that is set out in the Criminal Injuries Compensation Scheme 2012.
| Type of Injury | Additional Details | Settlement Range |
|---|---|---|
| Physical Abuse | Covers severe and persistent abuse over 3 or more years. | £8,200 |
| Physical Abuse | Covers violence that is severe, repetitive and leads to minor disfigurement. | £5,500 |
| Sexual Assault | Covers frequent and repetitive abuse that is severe and lasts for up to 3-years. | £6,600 |
| Covers frequent and repetitive abuse that is severe and lasts for more than 3-years. | £8,200 | |
| Sexual assault that causes internal body injuries that are serious. | £22,000 | |
| Covers abuse that leads to mental illnesses that are permanently disabling and severe. | £27,000 | |
| Non-consensual Penile Penetration | Crimes carried out by a single attacker. | £11,000 |
| Where the abuse causes serious internal bodily injuries. | £22,000 | |
| Where the abuse leads to a severe mental illness. | £27,000 | |
| In this category, both serious internal injuries and severe mental illnesses are sustained | £44,000 |
Additionally, if you are making a claim for multiple injuries and your claim is successful, you will receive 100% of the compensation for the most highly valued injury. You would receive 30% for the second highest and 15% for the third highest. It is important to note that you can only make a claim for up to three injuries.
However, some related issues or injuries are exempt from this rule. This includes:
- Contracting an STI
- Losing a foetus
- Becoming pregnant
If you would like to speak to an advisor about claiming sexual assault compensation, get in touch at any time.
My Husband Sexually Abused Me, How Long Do I Have To Claim Compensation?
If you are wondering how long you have to claim after your husband sexually assaulted you, the answer is typically two years after reporting that your husband sexually abused you to the police if you are making your claim through the CICA.
If your husband sexually abuses you, you must report this to the police to make a claim through the CICA. However, he does not need to be convicted in order to claim. That’s because the balance of probability will apply to the CICA’s decision.
Call our advisors for more information about how to claim if your husband sexually assaulted you.
What Special Damages Are Awarded In Sexual Abuse Claims?
The CICA scheme allows you to claim for special expenses in addition to compensation for your injuries. You can only claim these expenses if you can show they can’t be obtained free elsewhere (from the NHS for example). As well as showing the claim results from the crime against you, the expenses will need to be reasonable and necessary.
In order to claim special expenses from CICA, you will need to show that you lost earnings or earning capacity for at least 28 weeks following the accident, although the special expenses will cover you from the date of the accident.
What can I claim?
Special damages paid by the CICA scheme could include:
- The cost of replacing physical aids that were damaged during the crime. Broken spectacles could be included in this category.
- The cost of modifying your home to help you cope with disabilities resulting from your injuries.
- Care costs if they relate to the management of bodily functions, food preparation or supervision.
- The cost of wheelchairs, walking aids or other physical aids to help with disabilities.
Additionally, it is sometimes possible to claim for lost income through the CICA scheme as well. This might be available if you have had to take more than 28 weeks off from work as a result of your injuries. You won’t be compensated for your loss of earnings for the first 28 weeks you were unable to work.
Getting the special expenses element of your claim right is important. That’s because, once you have settled your claim, you are not able to ask for further compensation. Our panel of lawyers have the knowledge and experience to try and ensure you are compensated fully for your injuries. Why not call our team today and let us review your options for free?
What Counts As Sexual Abuse In A Marriage?
Sexual abuse in a marriage is where your spouse coerces or forces you into a sexual act or where they sexually touch you without consent. There are many forms of sexual abuse, including groping and rape. Essentially, any form of unwanted sexual contact is considered sexual abuse.
Importantly, penetration is not required for the act to be considered abuse. For example, unwanted touching (under or above clothing) could constitute sexual abuse.
If you have suffered domestic abuse, domestic violence or sexual abuse in marriage, you could be eligible to claim compensation from the CICA scheme. Whilst the process is similar to personal injury claims, it is not quite the same.
Importantly, decisions made in the CICA scheme are based on the balance of probabilities. That means you could claim compensation if your husband has never been charged or prosecuted for the crime. Remember; you will need to have told the police about what happened.
We are here to help when you’re ready to discuss claiming. A specialist from our team will listen carefully to what’s happened and explain your legal options. You will receive free legal advice whether you make a claim or not. That said, if you do wish to claim, and a lawyer from our panel agrees to take your case on, you will benefit from a No Win No Fee service.
Evidence To Support My Claim For Sexual Abuse By My Husband
Are you wondering, ‘my husband sexually abused me – what evidence do I need to support my claim?’. You will require a crime reference number to show you have reported the incident to the police if you are claiming through the CICA. If you cannot provide this, your CICA claim will be dismissed and you won’t be eligible for sexual abuse compensation.
Other examples of evidence you can gather to prove sexual abuse by your husband, include:
- Your medical records, which you can legally request. Your records will detail any injuries you have sustained as well as any treatment you have needed.
- Proof that you live in England, Scotland, Wales. For example, a council tax letter.
- Evidence of any special expenses, such as a bank statement or receipts.
Get in touch and our advisors can answer any additional questions you might have free of charge.
Types Of Abuse In Intimate Relationships
There are a number of crimes that could constitute sexual abuse and result in a Crown Prosecution Service prosecution. They include:
- Sexual assault, attempted rape and rape.
- Inappropriate touching.
- Sexual activity where the victim lacks the mental capacity to consent.
- Non-consensual masturbation, penetration or attempted penetration.
- Inappropriate innuendo, looking, sexual teasing or sexual harassment.
- Forcing somebody to view pornographic content.
- Indecent exposure.
This is not a comprehensive list but acts to give you some idea of what could lead to a criminal conviction. However, as mentioned already, your husband does not have to have been convicted of the crime for you to claim. Claims through the CICA scheme are still possible so long as you’ve reported the crime to the police.
What Injuries Could I Suffer If My Husband Sexually Abuses Me?
It is important to explain that if you are sexually assaulted by your husband, you could claim for any psychological injuries that result. This compensation is in addition to any payable for physical injuries.
In this section, we’ll look at some symptoms that could result from sexual abuse. They include:
- Sleep disorders. This can include difficulty getting to sleep, staying asleep or sleeping for less or more time than usual.
- Eating disorders. Some victims of sexual abuse suffer from eating disorders because of perceptions about their body.
- Self-harm. Acts where the victim of abuse inflicts injuries upon themselves, usually in secret.
- Substance abuse. The abuse of alcohol or drugs can sometimes be a way of blocking out feelings.
- Panic attacks. This is a sudden feeling of anxiety and intense fear. Usually, panic attacks take place when there is no danger at all.
- Dissociation. A technique that the brain uses to cope with the trauma that results from sexual abuse.
- Pregnancy. Unwanted pregnancies are possible following rape.
- Sexually Transmitted Infections (STIs). Bacterial or viral infections can be transmitted as the result of sexual contact. Examples include gonorrhoea, chlamydia and syphilis.
- Flashbacks. Where the trauma caused by sexual abuse makes the victim feel like it is happening again.
- Post-Traumatic Stress Disorder (PTSD). A condition following a traumatic experience that can make it very difficult to cope with life, work and relationships.
- Suicidal thoughts. Unfortunately, suicidal thoughts can sometimes occur following sexual abuse. They are not always permanent, and support is available if needed.
You could be compensated for any of the above if they’re a result of sexual abuse by your husband. For free advice on how to make your claim, please call our specialists today.
Can I claim for more than one injury?
When claiming for multiple injuries, you will receive the full tariff amount for the most serious injury, 30% of the tariff amount for the next most serious injury and 15% of the tariff amount for the third most serious injury. You can only claim for a maximum of three injuries, but there are additional tariffs available if you’ve been made to miscarry, become pregnant or contract a sexually transmitted infection because of the crime.
My Husband Sexually Abuses Me, How Do I Get Help?
If you have suffered because of sexual abuse, there is help available. Importantly, the support is there whether you report the crime to the police or not. If you would like help, you could contact:
- A nurse or doctor at your GP practice.
- The National Domestic Abuse Helpline on 0808 2000 247.
- An A&E department at your local hospital.
- The Rape Crisis helpline on 0808 802 9999.
- A contraceptive clinic.
- NHS 111.
- The police on 999 or 101.
- Voluntary organisations like Victim Support, Women’s Aid, Survivors UK or The Survivors Trust.
Additionally, Sexual Assault Referral Centres (SARCs) provide emotional, practical and medical support. Specially trained medical staff and support workers are available to care for you.
If you decide that you would like our help with claiming through the CICA scheme, please call when you’re ready. Our advice centre is open 24-hours a day so you can contact us when it’s convenient. We’ll treat your call in confidence and work at a speed that suits you.
No Win No Fee Claims For Sexual Abuse In A Marriage
We know that making sexual abuse claims is stressful. Therefore, to reduce the amount of worrying about the costs involved, we have a panel of lawyers who offer a No Win No Fee service. That means you could be connected with a specialist legal representative and, at the same time, your financial risks will be reduced.
Not all cases are accepted by lawyers, though. Therefore, they do need to review your case with you before taking it on. If they agree to represent you, your lawyer will give you a Conditional Fee Agreement (CFA) to read. This is the formal term for a No Win No Fee agreement, and it outlines the conditions the lawyer will have to fulfill before they are paid. It will also explain that:
- No fees are requested upfront.
- You don’t need to pay lawyer’s fees while they are working on your claim.
- Lawyer’s fees are not requested if you are not compensated.
You will only need to cover your lawyer’s fees if they win your claim and you receive a settlement. If that happens, your lawyer will be paid by deducting a success fee from your compensation. This will be a percentage of the award you receive. By law, success fees are capped, and they are used to cover the lawyer’s work and costs.
We can check if your claim is suitable for a No Win No Fee service when you call for a case review. To contact our advisors, you can:
- Call our team of specialists on 0161 696 9685
- Complete our online contact form so we can call back.
- Ask an advisor to explain your options in our live chat feature.
More Information
Thanks for reading our guide, which set out to answer the question, “If my husband sexually abuses me, could I be compensated?”. In this penultimate section, we have provided some links to resources that you might find helpful. If you would like any more help with making a claim, please get in touch.
Rape Crisis – A charity that offers one-to-one support for women affected by sexual abuse.
Reporting Sexual Assault – Information from the Police on how to report rape or sexual assault crimes.
Find A Referral Centre – An NHS tool to help you locate a rape and sexual assault referral centre near you.
In addition to these guides, we have added some of our own to demonstrate other claims we could help you with.
How Much Compensation Could I Receive For Sexual Abuse? – This guide outlines how much compensation you could expect to receive in a sexual abuse claim.
Sexual Abuse Claims- FAQS – Free legal advice on and answers to some frequently asked questions relating to sexual abuse claims.
Other Criminal Injury Claim Guides
- Criminal Injuries Compensation
- Rape Victims Compensation Claims
- How Much Compensation Will I Get For An Assault Claim?
- Sexual Abuse Compensation
- Historical Sexual Abuse Compensation
- How To Report Historical Sexual Abuse FAQ
- Negligent Breast Augmentation Surgery Claims
- Stab Victim Compensation Claims
- How Families Of A Murder Victim Could Claim Compensation
- Sexual Abuse By A Father Compensation Claims
- Sexual Abuse At School Claims
- Criminal Injuries Compensation – How Much Will I Receive?
- How Long Does A CICA Claim Take?
- Sexual Abuse By A Family Member Claims
- Making A CICA Claim With A Criminal Record
- Stepfather Sexual Abuse Claims
- Sexual Abuse Claims Guide
- Family Friend Sexual Abuse Claims
- Grandparent Sexual Abuse Claims
Thank you for reading our guide looking at the question “if my husband sexually abuses me; can I claim?”.