How we can help you claim compensation for rape and sexual abuse
Our criminal injuries compensation solicitors help victims of rape and sexual abuse from all over England to claim compensation for the physical and emotional harm they have suffered.
Depending on the circumstances, there are various different options we can pursue to secure compensation for rape and sexual abuse.
Criminal Injuries Compensation Authority (CICA) claims for rape and sexual abuse
The Criminal Injuries Compensation Authority (CICA) is a government body set up to make payments to blameless victims of crime. You may be able to make a CICA claim even if your assailant was not identified or convicted, so it is always worth exploring this option.
Our lawyers can guide you through the entire CICA claims process, including supporting you during Authority’s investigation and making sure all relevant facts are considered, giving you the best chance of securing appropriate compensation.
Based on the result of their investigation, the Criminal Injuries Compensation Authority will then decide whether compensation should be paid and, if so, what level of compensation you are entitled to. We can help to ensure you have the best prospects of a decision to award you compensation and can also help to ensure you receive the correct level of compensation. Indeed, we frequently see clients being offered compensation which is not reflective of the consequences of the injury. Therefore, we are able to ensure that clients receive the proper amount of compensation.
If you are denied compensation, or you are unhappy with the amount offered, you may be able to appeal the decision. Our criminal injuries solicitors have very strong experience with appeals against CICA decisions, so can ensure any factors that have been overlooked or errors in interpreting the relevant legal rules are highlighted effectively.
In the event an initial appeal is unsuccessful, we can also advise you of your right to appeal to a tribunal for a final review of the CICA’s decision.
Claiming compensation from your abuser
You can also consider making a separate claim for compensation against the person who raped or sexually abused you where you were able to identify them. However, such claims can be very challenging to succeed with, especially if your abuser was not convicted.
It is also important to realise that they may not have the means to make payment, even if substantial damages are awarded by a court. This option must therefore be carefully considered, but may be worth exploring where appropriate.
Making a claim against a school or other institution for rape and sexual abuse
If you were raped or abused by a teacher, sports coach or other person who was part of an institution such as a school or sports club, you may be able to make a compensation claim against the institution.
Whether the institution can be held responsible for the abuse you suffered will depend on the circumstances, including whether the organisation failed in its duty of care to protect you.
Our lawyers can advise you on whether you are likely to be able to make such a claim and guide you through the process of doing so. It is worth noting that most compensation claims against institutions for rape and sexual abuse are resolved out-of-court, helping to reduce the stress and uncertainty involved for you.
Common questions about rape and sexual abuse compensation claims
Who can claim compensation for rape and sexual abuse?
To be eligible to claim compensation for rape and sexual abuse from the Criminal Injuries Compensation Authority (CICA), the following will need to apply:
- You must have reported the crime to the police
- On the date of the incident, you must have been one of the following:
- a British citizen
- a close relative of a British citizen
- an EEA citizen
- a family member of an EEA citizen
- ordinarily resident in the UK (i.e. in the UK lawfully, voluntarily and with ‘settled status’)
- Make an application for a compensation payment within 2 years of the rape or sexual assault.
How much compensation can you claim for rape and sexual abuse?
This will entirely depend on the circumstances and we will advise you of your claim’s likely value at the earliest possible opportunity.
The Criminal Injuries Compensation Authority (CICA) can pay out up to £500,000 for a claim, although the majority of compensation paid out is under £25,000.
If you make a compensation claim directly against your assailant or against an institution, such as a school, where the abuse took place, the amount you can claim is not capped in the same way. However, it is worth bearing in mind that if you make a claim against an individual, they may not necessarily have the means to pay, even if substantial compensation is awarded.
How much a rape and sexual abuse claim is worth will depend on various factors including:
- The consequences for your health
- The emotional impact, including pain and suffering
- The effect on your life e.g. not feeling able to go out and enjoy previously pleasurable activities due to fear of further attacks, difficulties with relationship and work
- Any specific costs you have incurred e.g. paying for counselling and therapy and lost income due to needing to take time off work
There are two types of damages you can normally claim for rape and sexual assault compensation claims:
Financial Losses and Expenses – For specific financial losses. This includes things such as paying for private treatment and care, as well as lost income due to having to take time off work and not able to return to work, or perhaps not able to command the same level of income enjoyed before the rape or sexual assault.
General Compensation – For non-financial losses, such as pain, suffering and lifestyle changes.
Our rape and sexual assault lawyers will provide a realistic estimate of your claim’s likely value at the earliest opportunity, giving you a clear idea of how much compensation you may be able to achieve.
Is there a time limit to claim compensation for rape and sexual abuse?
The standard time limit to claim compensation through the Criminal Injuries Compensation Authority (CICA) is 2 years from when the crime occurred.
If you are making a separate compensation claim against your assailant or an institution, you will normally have 3 years from the date the rape or sexual abuse took place. However, again, this time limit can be extended, depending on the situation.
Speak to our rape and sexual abuse compensation claims solicitors today
For sensitive, practical advice on claiming compensation for rape and sexual abuse, please contact a member of our team. Please be assured that we treat all enquiries with the strictest confidence and you will be under no obligation to proceed with a claim unless you feel completely comfortable doing so.
You can call us on 0333 123 9099, email us at enquiries@ibbclaims.co.uk or use the contact form on the right to request a call back.