Have you suffered due to sexual abuse? This article will explain how to begin the claims process. We will also explore what compensation you may be eligible for as well as the benefits of a No Win No Fee arrangement.
A guide to claiming after sexual abuse
Sexual abuse can be a traumatic and harmful experience severely affecting your quality of life. There may be negative impacts on your capacity to do physical activity and your mental well-being. It can affect your ability to make and maintain healthy relationships in addition to your workability.
If you would like some insight into your sexual abuse claim, get in touch with our advisors as they can provide free and relevant legal advice. If your claim is valid you may be connected to our expert panel of No Win No Fee lawyers. Get in touch by:
- Calling 0113 460 1215
- Using our live chat feature
- Completing our online claim form
Choose A Section
- What Is The Definition Of Sexual Abuse?
- Examples Of Sexual Crimes
- How Do I Make A Claim After Suffering Sexual Abuse?
- Estimating Compensation After Being Sexually Abused
- Do No Win No Fee Solicitors Handle Abuse Claims?
- Further Information About Sexual Abuse Claims
What Is The Definition Of Sexual Abuse?
The NHS defines sexual assault as any nonconsensual sexual act and it can happen at any age to any gender, by any age or any gender. If you make a valid claim, it could be through the Criminal Injuries Compensation Authority (CICA), which is a government scheme that handles criminal claims and compensation.
The CICA scheme considers claims for reasons including:
- Mental and physical injury post-violent crime
- Sexual or physical abuse
- Loss of earnings due to limited workability because of criminal injury
- Special expense payments covering particular costs accrued over the injury and associated recovery period
- A fatal injury caused by a violent crime
Sexual Abuse Statistics
According to the Office for National Statistics (ONS), in the year ending March 2020, the Crime Survey for England and Wales (CSEW) reported there was an estimated 1.6 million adults aged 16 to 74 who had experienced sexual assault. Near half, (49%) were sexually assaulted more than once and fewer than 16% reported their crime to the local authority out of embarrassment, they did not think the police could help or they thought it was humiliating.
Examples Of Sexual Crimes
There are many types of sexual abuse. For example, from not giving consent to groping, forced kissing or rape. Each one constitutes a form of sexual abuse and can result in a life-changing injury.
If you have been subject to such abuse, our advisors are available 24/7 to give free and relevant legal advice to help understand whether you have grounds for a claim.
How Do I Make A Claim After Suffering Sexual Abuse?
If you have suffered due to sexual abuse and wish to pursue a claim, our advisors can connect you with our No Win No Fee solicitors. We encourage you to gather evidence to support your claim, however, this can feel easier with legal counsel. Some examples of evidence include:
- Medical records – Seek out medical help to ensure your injuries are treated. In a sexual assault case, you can volunteer to take a forensic medical examination too, as this can help to gather DNA evidence.
- Photographic evidence – Document your injuries.
- Witness contact details – Collect details of witnesses and a professional can gather statements at a later date.
Furthermore, you should report the sexual abuse to the police so they can investigate the crime and can create a record of their findings as well as a forensic report which can help strengthen your case.
Time Limits
Filing a police report is crucial when claiming and it is expected that you should report your assault as soon as possible after the accident. If you are unable to report the sexual abuse straight away then CICA, at their discretion, can accept or deny your claim based on why the report was delayed, e.g. physical or mental health issues from the incident.
The time limit for claiming compensation amounts to around 2 years and runs from the date of the incident. If something stops you from claiming, the CICA may accept or deny your request too. This also depends on the reason for the delay such as seeking professional help for a PTSD sufferer.
Contact our advisors today for more information on what evidence to collect for your sexual abuse case.
Estimating Compensation After Being Sexually Abused
If your sexual abuse claim is successful, you will be eligible to receive compensation. The amount of compensation you may receive for a sexual abuse claim is established by the Criminal Injuries Compensation Scheme 2012. The amount of compensation you may receive depends on the extent of your injuries and their level of severity.
If you are unsure about what compensation you may be eligible for, our advisors are happy to clarify any of your questions. Please use the contact details provided at the start and end of this article.
The table provided below is an example of some of the possible compensation figures listed in the CICA tariff and are set amounts for certain injuries:
Injury Severity/Type Compensation
Non-consensual penetration Severe internal bodily injury and severe, disabling mental illness £44,000
Serious internal bodily injury and moderate disabling mental illness £33,000
Severe mental illness £27,000
Moderate mental illness £22,000
Frequent and repetitive pattern of non-consensual penetration 3 years or more £22,000
Up to 3 years £16,500
Sexual assault Severe - non-penile penetrative or oral-genital act(s) £3,300
Serious - non-penetrative under clothing £2,000
Minor - non-penetrative over clothing £1,000
Frequent and repetitive pattern of sexual abuse Resulting in severe mental illness £27,000
Resulting in moderate mental illness £22,000
Serious internal bodily injuries £22,000
Abuse that lasts 3 years or more £8,200
Abuse that lasts up to 3 years £6,600
Special Expenses and Loss of Earnings
Additionally, you may be eligible to receive compensation for special expenses too. The expenses refer to costs that have accrued due to your injury. In order to claim special expenses, you’d need to show that you’ve lost earnings, earning capacity or been incapacitated for over 28 weeks.
Some examples of special expense payments include:
- Damage to, or loss of, property or equipment that you used as a physical aid such as a walking stick, glasses and dentures.
- Costs for treatments sought outside the NHS.
- Caring costs in connection with bodily functions or daily tasks like cooking.
- Supervisory costs to avoid danger to yourself or another person.
- Costs arising from the administration of your affairs due to mental incapacity.
If the criminal incident has seriously affected your ability to work, you could recover loss of earnings. You’d only be able to claim for loss of earnings if you’d lost them for over 28 weeks. In a successful claim, you would only recover the losses from 29th week onwards.
Contact our advisors today for more information on what compensation you may be eligible for as part of your potential sexual abuse case.
Do No Win No Fee Solicitors Handle Abuse Claims?
No Win No Fee arrangements can be highly beneficial when starting a sexual abuse case as it allows you to affordably access the services of a solicitor. A No Win No Fee agreement is a common umbrella term that refers to specific legal arrangements.
One of those arrangements is a Conditional Fee Agreement (CFA), and it has many advantages, some of which include no hiring costs and not paying your lawyer’s legal fee if your claim fails.
On the other hand, if your claim succeeds, your lawyer will take a success fee. The small, lawfully-capped fee is a percentage of your compensation taken to cover the legal costs that have built up over the course of your case.
Get Further Advice About Sexual Abuse Claims
If you would like more information about making a sexual abuse claim, or you believe your case could benefit from our panel of CFA lawyers, then contact our advisors today by:
- Calling 0113 460 1215
- Using our live chat feature
- Completing our online claim form
Further Information About Sexual Abuse Claims
Please see our other useful guides:
- Fatal Accident Claims Guide
- What Is The Personal Injury Claims Time Limit?
- How To Prove A Personal Injury Claim
- What Is The Best Course Of Action For Making A Terminal Injury Claim?
- How To Find Serious Injury Solicitors
- Time Limits In Personal Injury Claims
- Criminal Injuries Compensation
- Advice For Making A Domestic Abuse Claim
We have also linked to some external information:
NHS – Help after rape and sexual assault
Contact our advisors for more information about making a sexual abuse claim.
Writer Jack Eider
Publisher Ruth Vincent