Am I Eligible To Claim Sexual Abuse Compensation?
Sexual abuse is a harrowing crime, one that can have a lifelong impact and be profoundly traumatising for survivors. Whether you or a loved one have lived through the trauma, you know the consequences of abuse can lead to serious physical and psychological injuries. Whilst you may never have considered sexual abuse compensation, pursuing a claim could support your healing process, not least by helping to fund treatments like counselling or therapy.
In this guide, we will first explain the role of the government-sponsored Criminal Injuries Compensation Authority (CICA) in sexual abuse compensation claims. Then, we will discuss what determines a claim’s eligibility and how it might affect historic sexual abuse.
Next, we look at what calculating compensation involves, the kind of evidence that might support your claim, and how long the process may take. Finally, we’ll discuss how choosing a solicitor from our panel could help your claim.
If you would like to find out more about starting a claim through our panel of criminal injury solicitors, please get in touch using the following details:
- Ring us on 020 3870 4868
- Claim online by filling out our form.
- Use our ‘live support’ option to talk to an advisor.
Select A Section
- What Is The Criminal Injuries Compensation Authority (CICA)?
- Am I Eligible To Make A Sexual Abuse Claim?
- Average Sexual Abuse Compensation Amounts
- How To Begin Your Claim
- How Our Panel Of Solicitors Can Help
- More Information
What Is The Criminal Injuries Compensation Authority (CICA)?
As a government-sponsored executive agency, the Criminal Injuries Compensation Authority (CICA) is a last resort for claiming compensation when all other options have been exhausted (which we’ll go over in more detail later on).
Since they do not bring abusers to trial, the CICA doesn’t rely on proving guilt beyond reasonable doubt. Instead, its decisions are informed by the balance of probabilities. This is different to a criminal trial where guilt must be proven beyond reasonable doubt. Even if your abuser was never identified or prosecuted, you can seek compensation through a CICA claim.
If you would like more information about the CICA and its role in sexual abuse compensation claims, please talk to one of our knowledgeable advisors.
Am I Eligible To Make A Sexual Abuse Claim?
If you plan to make a sexual abuse claim through the CICA, you’ll first need to meet their eligibility criteria for eligibility. Typically, that means:
- Suffering injuries as a result of a crime of violence
- Having the police reference number you received after reporting the sexual abuse
- Confirming the sexual abuse happened in Great Britain or another applicable location, such as a British ship
- Starting a claim within two years of the sexual abuse taking place
- Meeting residency requirements, which can include being a UK citizen (or a close relative) or an EU/EEA national
It is important to note that a crime of violence doesn’t equate to physical violence. In many cases of sexual abuse, perpetrators rely on intimidation and the fear of imminent violence. With that context in mind, you would still be eligible to make a claim for sexual abuse compensation.
What Is Historic Sexual Abuse?
Sometimes also called “non-recent abuse,” historic sexual abuse happens when an adult has experienced abuse in childhood. For many survivors, it may take becoming an adult to start processing their trauma or to realise they experienced sexual abuse.
Unfortunately, it is impossible to know the extent of historic sexual abuse since a lot of abuse goes unreported. However, the National Society for the Prevention of Cruelty to Children (NSPCC) charity used research-based findings from 2011 to estimate that 1 in 20 UK children have been sexually abused.
Reflecting those NSPCC statistics, historic sexual abuse can happen anywhere where minors might be at risk, such as:
- Home and Foster Care
- Religious Institutions
- Schools and Children’s Homes
- Organisations (including charities, football clubs, and youth centres)
Can I Only Claim Through CICA?
As mentioned earlier, the CICA is a last resort for claiming compensation. In certain sexual abuse claims, compensation can be sought directly from the perpetrator. However, the abuser will need to have sufficient funds to pay you compensation for a claim to be brought against them.
Alternatively, you could claim against a vicariously liable third party like an employer or organisation. For instance, a school might be liable if its failure to perform background checks leads to the hiring of a teacher with criminal convictions for sexual abuse.
Our trained advisors can answer any questions you might have about eligibility, your options for compensation, and historic sexual abuse claims.
Average Sexual Abuse Compensation Amounts
Since no claim is alike, it isn’t possible to give guarantees about sexual abuse compensation amounts. In general, CICA payouts take into account various factors like your injuries, age, and certain related financial losses. Read on to find out more about how the CICA calculates compensation.
How Payouts Are Calculated
The CICA uses a tariff system to value injuries by their type and severity in accordance with the Criminal Injuries Compensation Scheme 2012. Every injury has a fixed standard amount, meaning you wouldn’t receive more than what the CICA specifies for a specific injury.
Where someone has suffered more than one injury, the CICA uses a multiple injuries formula to award compensation. Essentially, that means you would receive:
- 100% of the compensation for the highest-valued injury
- 30% for the next highest-valued injury
- 15% for the third and final injury
However, the CICA may offer additional payments if the sexual abuse led to a pregnancy, the loss of a foetus, or a sexually transmitted infection. These payments belong to a separate tariff and are not subject to the multiple injuries formula.
The following table includes various compensation amounts using tariffs from the Criminal Injuries Compensation Scheme. However, the figure in the first row is not from the Compensation Scheme. It is included to show how you could be compensated for multiple injuries, special expenses and loss of earnings.
Type of Criminal Injury | Compensation Tariff | Notes |
---|---|---|
Multiple Forms of Serious Criminal Injury And Special Expenses | Up to £500,000 | Multiple criminal injuries and related special expenses like care costs and loss of earnings. |
Non-Consensual Penile Penetration Of One Or More Of Vagina, Anus Or Mouth | £44,000 | Serious internal bodily injury and a severe form of a permanent disabling mental illness. |
£33,000 | Serious internal bodily injury and a moderate form of a permanent disabling mental illness. | |
£27,000 | Causing a form of severe mental illness that is permanently disabling. | |
£22,000 | Causing serious internal bodily injuries. | |
£22,000 | Causing a form of moderate mental illness that is permanently disabling. | |
£13,500 | Two or more attackers were involved. | |
£11,000 | One attacker was involved. | |
Sexual Assault | £27,000 | Resulting in a severe form of mental illness that is permanently disabling. |
£22,000 | Resulting in a moderate form of a permanent disabling mental illness. |
Special Expenses And How They Affect Your Claim
Alongside lasting consequences like post-traumatic stress disorder (PTSD), sexual abuse can also have a far-reaching impact on finances. In consideration of that, the CICA may compensate for financial losses like:
- Costs for related medical treatment, therapy, or counselling
- In-home care or other types of support services
- Any property damaged due to the sexual abuse
These (and any other) special expenses must be demonstrably necessary and reasonable. So, for example, you will likely be unable to claim for a treatment that was freely available on the NHS.
Additionally, you may be eligible for a loss of earnings payment if you can no longer return to employment or have missed more than 28 weeks of work.
Please reach out to one of our advisors if you still have questions about recent or historic sexual abuse compensation.
How To Begin Your Claim
If you’ve decided to start a sexual abuse claim, you will need to consider legal factors like evidence and time limits. Read on to find out what they could mean for your claim.
What Evidence Will I Need?
As part of the claims process, the CICA will make requests for information directly from the police. However, you will still likely need to provide the CICA with your own evidence, such as:
- Proof of your residency status
- Financial documents like bank statements, invoices, and payslips to document loss of earnings and special expenses
- Medical or psychiatric evidence (where practical), including GP appointments and hospital visits
- The police reference number. This will allow the CICA to liaise with the police.
Our panel of solicitors recognise that piecing together evidence for a sexual abuse claim can be distressing. Mindful of that, they have the experience necessary to gather witness statements and other evidence to help support your claim.
Claim Timelines And Time Limits
The CICA has a goal of assessing claims within 12 months, but more complex cases may take longer. Once you accept their compensation offer, the CICA seeks to deposit the money into your bank account within 20 working days.
In addition to those timeframes, the CICA usually requires claims to be started within two years of the abuse happening. However, that timeframe does not apply in all cases:
- Children who are under 18 have until they turn 20 to start a claim or a person with parental responsibility can do so for them.
- If there are exceptional circumstances, the CICA may consider extending or waiving their two-year timeframe.
For more information about starting a sexual abuse claim, please speak to one of our trained advisors in complete confidence.
How Our Panel Of Solicitors Can Help
Here at UK Law, our panel of compassionate solicitors understands that seeking justice through sexual abuse compensation is never done lightly. With that in mind, they take a sensitive approach to every claim handled. From the outset, you can expect a solicitor from our panel to work hard for you by:
- Ensuring your confidentiality is respected throughout your claim
- Giving clear advice and regular updates
- Handling all aspects of the claims process
- Working with our partners to provide you with additional support services
- Offering a No Win No Fee Agreement
Our panel of solicitors offers the option of a Conditional Fee Agreement (CFA), which can alleviate some worries about instructing a legal representative. CFAs are signed at the very start and ensure:
- You won’t pay immediate fees for your solicitor’s services
- You won’t face new fees for your solicitor’s work as your claim progresses
- You won’t pay a solicitor’s fee for an unsuccessful claim
For a successful sexual abuse claim, you’ll pay a small, legally capped success fee to your solicitor, who deducts a percentage of the compensation you receive.
If you have any questions about seeking sexual abuse compensation, please reach out using the details below:
- Ring us on 020 3870 4868
- Claim online by filling out our form.
- Use our ‘live support’ option to talk to an advisor.
More Information
For more information about criminal injury claims, please read some of our other articles:
- Discussion on how long criminal injury claims may take.
- An in-depth look at the Criminal Injuries Compensation Scheme.
- Explaining compensation for domestic abuse.
In addition to the above guides, please consider the following:
- The NSPCC has resources for non-recent abuse.
- NHS guidance on getting help after a rape or sexual assault.
- Government information on how to report a rape or sexual assault.
Thank you for taking the time to read through our guide on sexual abuse compensation.