Would you like find out more about claiming sexual assault compensation? Did you suffer sexual abuse as a child from someone in a position of trust? Or were you a victim of rape as an adult? If so, you may be able to pursue compensation.
In this guide, we will look at the different channels that you can go through to claim compensation. You can claim directly against the assailant or responsible person, but there is also the option of pursuing compensation through the Criminal Injuries Compensation Authority (CICA).
This is a government-sponsored executive agency that awards compensation to victims of violent crimes. Let’s explore this in more detail.
Choose A Section
- What Is Sexual Assault Compensation?
- Receiving Immediate Support After Sexual Assault, Abuse And Rape
- How Do I Claim Sexual Assault Compensation?
- Calculating General And Special Damages After Assault, Abuse And Rape
- Could I Work With A No Win No Fee Solicitor?
- Extra Guidance About Claiming Sexual Assault Compensation
What Is Sexual Assault Compensation?
Firstly, it’s important to define the offence. Sexual assault is when someone touches another person without their consent in a sexual manner. It can also be when someone forces or coerces another person to participate in sexual activity with them without that person’s consent. There are various types and degrees of sexual assault recognised as crimes but the main examples are:
- Rape- This is where someone penetrates another person with their penis without consent.
- Assault by penetration- Where someone penetrates another person with a body part or other object without consent.
- Child sexual abuse- Where a child is forced or incited into engaging in sexual activity. This can be contact or non-contact abuse.
These offences are described in laws which include the Indecency with Children Act 1960 (which only applies to crimes committed before May 2004) the Sexual Offences Act 1956 (again, for pre-May 2004 offences) and the Sexual Offences Act 2003. The age of consent across the UK nations is 16; this means that any adult who engages sexually with a child under that age is committing an offence.
Sexual assault compensation can be possible when you can prove that you were physically or/or emotionally injured. A claim could involve a current offender or an individual in the past who perpetrated sexual assault acts.
There are time limits that apply to starting these kinds of claims. When you’re making a direct claim for compensation, this is generally 3 years.
There is a 2-year time limit to claiming through the CICA. However, you may be able to claim outside this time limit if you can show that exceptional circumstances prevented you from doing so.
Findings From Sexual Assault Statistics
For the year ending March 2019, the Office of National Statistics revealed some key points regarding child sexual assault:
- Police in England and Wales recorded 73,260 child sexual offences in the year ending March 2019.
- 7.5% of adults aged between 18 – 74 years reported some type of sexual abuse prior to turning 16.
- The majority of victims did not report their sexual abuse to anyone at the time.
- 2,230 children in England were the subject of a child protection plan (CPP) by March 31st 2019
- 120 children in Wales were on the child protection register (CPR)
- Women were around five times as likely as men to have experienced sexual abuse by a step-father (7.5%)
- Around 9 in 10 adults (92%) experienced sexual abuse committed by males only.
Receiving Immediate Support After Sexual Assault, Abuse And Rape
In the aftermath of a serious sexual assault, it’s can be normal to feel an array of extreme emotions. There are support networks available to help you.
The Survivors Trust is the umbrella agency for 124 agencies across the UK and Ireland providing advice, support, information and therapy to over 80,000 individual survivors every year. They offer practical help to all ages and genders whatever the nature of the sexual abuse and in addition to this, offer support to the families and partners of the victims.
Also, Survivors UK offers support and advocacy for male or non-binary victims of sexual violence. Their aim is to provide a way through the experience of male rape. In addition, if you need to find immediate help for a sexual assault, Rape Crisis can find a crisis centre in your exact geographical location with their address and contact details.
As well as this, the organisation Refuge supports women and children living with domestic violence which can often incorporate sexual assault. Lastly, Victim Support offers independent, confidential and free support and advice to anyone affected by crime.
How Do I Claim Sexual Assault Compensation?
Sexual assault compensation claims can be made through a government-sponsored executive agency called the Criminal Injuries Compensation Authority (CICA). This agency looks at claims for damages on a case by case basis. They offer award amounts for injuries when all other avenues to compensation are not available.
Claims through the CICA must meet the following eligibility criteria:
- The crime must have been reported to the police; this is so that you can obtain a crime number
- Claims should be started within the 2-year time limit; if they’re started outside this time limit, then exceptional circumstances should apply. You should also be able to provide sufficient evidence that extensive investigations by a claims officer won’t need to be carried out.
- Co-operation with the police in their investigations.
You may also be able to sue an institution or organisation; for example, if you can prove that they knowingly employed an individual without correctly background checking them. If they went on to commit an offence against you and you can show that they would not have been employed if the correct checks were carried out, then you may be able to claim.
You could also claim directly against the person who committed the offence. However, in order to do this, they would need to have been identified and they would need to have the funds to award you compensation.
Calculating General And Special Damages After Assault, Abuse And Rape
Below is an excerpt from the CICA tariff of injuries. You can claim for physical and psychological injuries as a result of sexual assault.
| Injury | Criminal Injuries Compensation Authority (CICA) tariff | Notes |
|---|---|---|
| Sexual assault | £1,000 | A minor sexual act perpetrated above clothing |
| Sexual assault | £3,300 | Penetrative or oral-genital acts without a penis. |
| Penetration of the anus, and/or vagina and/or mouth with a penis | £22,000 | Resulting in moderate psychological damage confirmed by a psychiatrist |
| Penetration of the anus, and/or vagina and/or mouth with a penis | £27,000 | Resulting in permanently disabling, severe mental illness confirmed by a psychiatrist |
| Penetration of the anus, and/or vagina and/or mouth with a penis | £44,000 | Serious internal injury with a confirmed disabling mental illness of a permanent nature |
| Sexual assault (where the victim is a child) | £3,300 | Serious sexual assault involving a pattern of repeated, non-penetrative sexual acts over clothing. |
| Sexual assault (where the victim is a child) | £8,200 | Where one or more on instances of one more more non-penile penetration or oral-general acts over a period of 3 or more years. |
| Sexual assault (where the victim is a child) | £27,000 | Where one or more on instances of one more more non-penile penetration or oral-general acts resulting in severe mental illness. |
| Other payments | £11,000 | Infection of sexually transmitted disease other than HIV or Hepatitis causing disabilities of a permanent nature |
| Other payments | £22,000 | Infection of HIV and Hepatitis B or C |
As well as amounts for physical and emotional injury, the CICA acknowledge other forms of personal loss. These are known as special expenses.
In order to claim special expenses, you will need to have lost out on earnings for at least 28 weeks. Many special expenses will be backdated to the date of the accident; however, you will only be compensated for loss of earnings from week 29 onwards. The CICA guide can offer more insight on this.
If you claim against an institution, or against the perpetrator directly, then your compensation will not be based on this tariff. Instead, it would be calculated with the help of a publication called the Judicial College Guidelines. This publication is made up of guideline compensation brackets based on previous case studies.
Could I Work With A No Win No Fee Solicitor?
No Win No Fee agreements are agreements between personal injury solicitors and claimants. They set out the conditions that need to be achieved before the lawyer is paid.
When you fund legal representation with a No Win No Fee agreement, it means that:
- There are no upfront fees to hire your solicitor
- No fees to retain solicitors as the case moves ahead
- There is nothing to pay your lawyer at all if the case fails
- A winning outcome will mean that a small, legally capped percentage of your total settlement is deducted.
In addition to these obvious benefits, a No Win No Fee solicitor can offer valuable expertise and support in cases of a sensitive nature like sexual assault and rape. They are able to guide the request for sexual assault compensation through the CICA, against an individual or an organisation. Their help can ensure you settle for the right amount owed to you.
Extra Guidance About Claiming Sexual Assault Compensation
In conclusion, thank you for reading this guide on sexual assault compensation and the various ways that a No Win No Fee agreement can help. In addition to this, below are further resources to help:
- The NHS offer help and advice after rape or sexual assault
- Find out how to report a crime on Police.uk
- The Crown Prosecution Service (CPS) provides information on the sentencing of various sexual offences.
We also have some other guides you may find useful:
- A Guide To Rape Compensation Claims
- Can I Claim Compensation For Being Sexually Assaulted?
- How To Make A Sexual Assault Claim
- What Is Sexual Assault And Can You Claim Compensation?
- The Latest Sexual Assault Statistics
Thank you for reading our sexual assault compensation guide.