Sexual Abuse By My Husband Compensation Claims
By Daniel Pike. Last Updated 22nd December. You may assume that there is nothing you can do in the aftermath of domestic sexual abuse apart from report it to the police. But this isn’t the case. You may be entitled to claim compensation for your injuries. This can be done either as a personal injury claim against your husband directly or as a claim through the Criminal Injuries Compensation Authority.
Sexual abuse by my husband compensation claims
UK Law is here to help you get the compensation you deserve for your suffering. We offer advice about your legal options and could connect you with a personal injury lawyer from our panel to help seek damages. If you need to speak to someone in an emergency, the Rape Crisis Hotline offers instant support for sexual assault victims.
To speak to us about personal injury claims calculations for sexual abuse by your husband, you can call on 020 3870 4868 or email at UK Law.co.uk. The ‘live support’ option to the bottom right of this screen also offers immediate advice.
Services And Information
- Everything You Need To Know About Sexual Abuse By My Husband Compensation Claims
- What Is Sexual Abuse By My Husband?
- Sexual Abuse Claims Through The CICA
- Signs And Symptoms Of Sexual Abuse In A Marriage
- Types Of Sexual Abuse
- Marital Rape
- Sexual Exploitation In A Marriage
- Sexual Coercion And Lack Of Consent
- Compensation Calculator
- Injuries Which Could Be Caused By Sexual Abuse
- Historical Sexual Abuse By Your Husband
- Does My Husband Need To Have Been Convicted To Claim?
- Time Limits To Claim Via The CICA
- I Suffered Sexual Abuse By My Husband, What Should I Do?
- Could I Use A No Win No Fee Sexual Offences Solicitor?
- Sexual Abuse By My Husband – Related Guides
- FAQs About Claims For Sexual Abuse
Everything You Need To Know About Sexual Abuse By My Husband Compensation Claims
In this guide, we will look at the process of claiming compensation following sexual abuse by your husband. To begin, we will look at what it means to be sexually abused by your husband or spouse.
We will go on to look at the different avenues available to you when making a claim for criminal injuries. We’ll examine the role of the Criminal Injuries Compensation Authority and how they help victims of violent crimes receive compensation for their injuries.
You may be wondering what the signs of sexual assault within a relationship are. If so, our section on spotting the signs of sexual abuse in a marriage could be of use to you.
Sexual abuse is not just limited to rape. In this guide, we will look at the different forms that sexual abuse in a relationship can take.
You may be wondering how much compensation you could be owed for your injuries. We have included a compensation table showing potential compensation awards.
At UK Law, we understand the sensitive nature of this subject. If you need to speak to anyone about the contents of this article, we urge you to get in touch with our team for more details. Your enquiry will be made in complete confidence with maximum confidentiality.
What Is Sexual Abuse By My Husband?
It’s important to note that sexual abuse is a crime, whoever the perpetrator might be. Sexual abuse by your husband is no different to rape by a stranger. Any sexual activity which goes against your wishes is an offence. Marital rape is recognised as an offence in the Sexual Offences Act 2003.
(source: Office of National Statistics)
Sexual abuse by a husband can take several different forms. A few examples are:
- Rape
- Groping or unwanted sexual touching
- Forced kissing
- The torture of someone in a sexual manner
Sexual abuse by your husband could involve any of these scenarios. If your husband forced you to do something sexual against your will, you could speak to our team about making a personal injury claim or seeking damages from the Criminal Injuries Compensation Authority (CICA).
Sexual Abuse Claims Through The CICA
The Criminal Injuries Compensation Authority (CICA) is an executive agency that is sponsored by the Ministry of Justice. They seek to award some form of compensation to the victims of serious crime when they might otherwise receive nothing.
It’s important to note that in order for a claim to be made through the CICA, the incident must have been reported to the police. This should be done as soon as possible. For adults, this will usually be immediately after the incident.
However, there are some instances where claims may be considered if there was a delay in reporting the crime. For instance, if you did not have the mental capacity to report your crime or if your injuries prevented you from doing so.
When making a claim through the CICA, there’s no requirement for the person responsible for your assault to have been prosecuted. You should not delay making a claim because you’re waiting on the outcome of a criminal trial as time limits do apply to these cases.
Special expenses and loss of earnings
As well as payments for your injuries, you can also claim for loss of earnings and special expenses through the CICA. Special expenses must be reasonable, necessary and caused as a direct result of the incident you’re claiming for. For instance, you may be able to claim for glasses or a walking aid that was damaged in the attack. In order to claim special expenses, you need to show that you were unable to work for 28 weeks following the accident; however, the special expenses will be backdated to when the accident took place.
Similarly, you need to have been out of work for 28 weeks in order to claim a loss of earnings. Unlike special expenses, the CICA will not backdate this. You also need to show that you had a good working record for three years in the lead-up to the accident or a good reason why you don’t have one (for example, being in full-time education or acting as a carer).
If you’d like to know more about claiming through the CICA, we can help. Get in touch with our team today to see if you could be eligible to claim.
Signs And Symptoms Of Sexual Abuse In A Marriage
Given the nature of sexual assault by your husband, it can be a hidden and secretive form of abuse. Relationship dynamics can vary wildly, and it can be difficult to ascertain whether certain signs and symptoms are indicative of abuse or just the way a particular relationship works.
Having said this, there are some signs that, when combined, could be an indicator of abuse. If nothing else, it may be a reason to be extra vigilant about spotting signs of sexual abuse between a husband and wife. These can include:
- Unexplained change in behaviour
- Sexually Transmitted Infections
- Preoccupation with sex or sexual activity
- Lack of sleep
- Bruising
- Pregnancy
As already mentioned, not all of these signs will necessarily indicate that a wife is being sexually abused by her husband. There could be a number of reasons why any of these symptoms appear. But when a number of these signs are apparent with no other obvious reason, this could indicate abuse within the marriage.
Please read on to find out more about the kinds of sexual abuse that might occur. Alternatively, call us today for more information on starting your claim.
Types of Sexual Abuse
The Crown Prosecution Service (CPS) prosecutes criminals who the police have investigated in England and Wales. They make decisions about sexual abuse and rape charges in a way that is independent of the police or government. They include a list of sexual offences on their website.
As we’ve discussed, sexual abuse can involve any scenario that happens without your consent. In some cases, the victim may feel that they have given consent but in fact, have been manipulated or coerced into engaging in sexual activity.
Some clear examples of of sexual abuse can include:
- Rape
- Sexual assault/penetration with an object
- Flashing or exposing
- Unwanted sexual touching, whether the victim is clothed or not
- Forcing someone to watch pornography
Any of the above-mentioned forms of sexual abuse could take place in a marriage. The NHS offers advice on help and support after a sexual assault. You can also contact our team for information on the steps you may be able to take in order to receive compensation.
Marital Rape
According to a YouGov poll on sexual consent attitudes, 24% of respondents believe that sex without consent in a long-term relationship is not rape. This is a quarter of the respondents. A third of men think that women cannot change their mind during sex. Furthermore, marital rape is still considered by many to be a contradiction in terms.
Before 1992, there was no law preventing forced sexual activity within marriage. This is no longer the case. The law recognises that being married or in a cohabiting relationship does not negate the need for each sexual activity to be consented to.
If you have been the victim of marital rape, this is an offence regardless of the relationship you have with your offender. It is also inconsequential whether you have previously consented to sex with your husband in the past.
For more information on claiming after being the victim of marital rape, get in touch with our team today. We could help value your claim to see how much you could be owed.
Sexual Exploitation In A Marriage
Your husband does not need to touch you in order to be guilty of sexual abuse. Sexual exploitation is another way a husband can abuse his wife that can be deeply traumatic.
Sexual exploitation is where your husband forces you to engage in sexual activities for his own benefit. This might include forcing you to have sex with someone else for money, as a form of control or for his own sexual satisfaction. Sexual exploitation might also involve you being forced or coerced into making pornography.
If you have been the victim of sexual exploitation by your husband, you could be entitled to compensation. Get in touch with our team today for more information.
Coercion And Lack Of Consent
Sexual assault is any form of sexual conduct you did not consent to and did not enter into under your own volition. Your husband may use threats, promises, bribes and other manipulations against you or any children as a way of exerting control. They may even use affection and flattery.
If you’ve been coerced into participating in sexual activity against your will, you may feel that you in some way contributed to the situation. Many victims may feel that they had a part to play in their circumstances and that this means they were not abused. This is not the case.
The victims of sexual abuse are never to blame. If you have been forced to engage in sexual activities against your will, this is abuse and you may be entitled to compensation. Speak to our team today for more information.
Compensation Calculator
Below is a cross-section of suggested awards for personal injury from a publication called The Judicial College Guidelines. This publication offers guideline compensation brackets for a range of injuries that you could sustain.
| Injury | Severity | Compensation |
|---|---|---|
| Sexual Assault | Resulting in permanent and severe mental illness | £27,000 (approx) |
| Sexual Assault | Resulting in permanent and moderate mental illness | £22,000 (approx) |
| Sexual Assault | Resulting in serious internal bodily injuries | £22,000 (approx) |
| Sexual Assault | Pattern of frequent severe abuse for 3 years or more | £8,200 (approx) |
| Sexual Assault | Pattern of frequent severe abuse for up to 3 years | £6,600 (approx) |
| Sexual Assault | Severe – Non-penile penetrative or oral-genital act(s) | £3,300 to £4,400 (approx) |
| Sexual Assault | Serious – Non-penetrative sexual physical act(s) under clothing | £2,000 to £3,300 (approx) |
| Sexual Assault | Minor – Non-penetrative sexual physical act(s) over clothing | £1,000 to £1,500 (approx) |
It’s important to note that these compensation brackets are only applicable when making a personal injury claim against your husband directly. When making this kind of claim, you will be invited to a medical assessment where an independent expert will assess the injuries you’ve sustained. They will then detail their findings in a medical report which, alongside the Judicial College Guidelines, will help to inform the value of your claim.
When you make a claim through the CICA, they have a separate tariff of injuries that sets out how much you will receive for the harm you have sustained.
Injuries Which Could Be Caused By Sexual Abuse
Rape and other sexual abuse can cause injury and damage to the genitals. However, you may also suffer from other physical injuries in a violent sexual attack.
Similarly, the mental trauma that can result from sexual abuse by your husband can be debilitating. If you find yourself unable to cope with daily life in the aftermath of the abuse you have endured, your compensation could cover this.
You may also have contracted a sexually transmitted infection (STI) as a result of being raped or abused by your husband. STIs can cause significant long-term health problems. In some cases, they can result in infertility. Some infections, like HIV, can be fatal.
If you have become pregnant through rape or sexual assault, this can also be compensated by the CICA. You can also claim compensation if you have lost a foetus as a result of abuse of this nature.
This is by no means a complete list of injuries that could be sustained after a period of sexual abuse. If you have been injured in any way after being sexually abused by your husband, get in touch with our team today to see if you could claim for your injuries.
Historical Sexual Abuse By Your Husband
In some cases, the victims of sexual abuse may not come forward immediately after the incident or period of abuse. Sometimes, it can be years before these victims feel comfortable coming forward about the ordeal they’ve undergone.
You may still be able to make a claim for compensation for sexual abuse by your husband. You can do this if you’re able to show that exceptional circumstances prevented you from reporting it to the police or making a claim earlier.
For instance, you may have been too afraid for your safety to report the abuse you sustained. Similarly, you may have lacked the mental capacity to do so. In these cases, you may still be able to make a claim for the abuse you’ve been the victim of. Speak to our team for more information.
Does My Husband Need To Have Been Convicted To Claim?
When you claim through the CICA, there is no requirement for your husband to have been convicted in order to make a claim. In fact, there is no requirement for him to have been charged with a crime at all. You should never delay an application to the CICA because you’re waiting for a criminal conviction, as this could take you outside the time limit for claiming.
However, in order for you to make a claim through the CICA you must have reported the incident to the police. If you delay reporting the crime to the police, then you will be asked by the CICA what your reasons for doing this are.
Time Limits To Claim Via The CICA
There is a time limit to making a claim through the CICA. For adults, this should generally be within two years of the incident taking place.
In some cases, this time limit can be extended. In order to claim outside of these two years, you need to show that extenuating circumstances stopped you from being able to claim within this limit. You also need to provide enough evidence to support your claim.
If you have been the victim of sexual abuse by your husband but are outside the time limit for claiming, get in touch with us today. You may still be entitled to receive compensation for your injuries.
I Suffered Sexual Abuse By My Husband, What Should I Do?
Although it is not required by law, using legal assistance may improve your chances of a successful claim. If you’ve decided to pursue compensation for your injuries, it may help to hire sexual offences solicitors to represent you. This may be beneficial since sexual offences solicitors have experience in successfully pursuing compensation for these types of claims.
UK Law sexual assault solicitors can offer their services on a No Win No Fee basis to clients pursuing rape compensation. If they offer a Conditional Fee Agreement (CFA), means that you do not generally need to make an upfront payment before we can start your claim.
If your claim is unsuccessful, you do not pay legal fees. If your claim is successful, a success fee would be deducted from your compensation. The percentage is small and is capped by law to ensure you retain most of your compensation.
If you call our advisors, they may be able to connect you with one of the sexual assault solicitors from our panel to start working on your case.
Could I Use A No Win No Fee Sexual Offences Solicitor?
When considering making a claim for compensation following sexual abuse by your husband, you may decide that you would like the support and guidance of a solicitor to help you through your claim. But with this, you may be concerned about the cost of legal representation. If this is the case, you may benefit from a No Win No Fee agreement.
A No Win No Fee agreement is an agreement between you and your solicitor that they will need to meet certain conditions before they are paid. With a No Win No Fee agreement:
- Your solicitor won’t ask for any payment before your claim starts or while it is ongoing
- There will be nothing to pay your solicitor if your claim isn’t successful
- In the event that your claim does succeed, a small success fee will be deducted from your compensation to cover their costs. This is capped by law.
If you feel a No Win No Fee agreement could benefit you, speak to us today. If our advisors think your claim has a good chance of success, they could connect you with a solicitor from our panel.
Sexual Abuse By My Husband – Related Guides
To sum up, the organisation Gingerbread offers help about separating from an abusive partner. Also, the Government offers guidance on how to get help for domestic abuse. In addition to this, the NHS offers counselling services for victims of rape and sexual assault.
In addition to advice and legal expertise on a case of sexual abuse by a husband, UK Law offers help on:
- Making a claim for sexual abuse by an ex-partner
- Claiming for sexual abuse by a family member
- Guidance for sexual abuse claims in general
Furthermore, UK Law can also help with claiming for road traffic accidents, accidents at work and accidents in a public place.
FAQs About Claims For Sexual Abuse
What is the timescale for sexual abuse claims?
Each case will vary depending on complexity and available evidence. Also, you can seek damages from the CICA and the defendant without needing to await a criminal outcome. In 2019/20, 81% of new applications to the CICA were decided within 12 months according to their Annual Report.
Would A CICA claim need medical evidence?
Where appropriate, the CICA will ask for you to provide medical evidence in support of your injuries. They will expect you to cover the cost of obtaining this evidence up to the sum of £50.
My Husband Sexually Assaulted Me – Can I Claim?
You may be wondering, “my husband sexually abuses me, is this illegal?”. Marriage does not justify or allow for acts of sexual assault. Therefore, marital rape in the UK can still be grounds for a criminal injury claim. Whilst it is possible to claim directly against a spouse, this can raise complications due to factors such as shared finances.
An alternative could be to claim through the CICA. This money is paid by the government. To find out more about the laws surrounding rape in marriage in the UK, get in touch with our advisors today.
Guide by FS
Published by NS
