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Welcome to Rape Crisis Scotland.

On our site, we look at the process of claiming sexual abuse and rape compensation as well as offering advice on what to do after such a traumatic incident.

If you have been the victim of sexual abuse or an incident of a crime such as rape, then you could be eligible to pursue compensation.

Compensation for sexually abused victims can often be awarded to you by the Criminal Injury Compensation Authority (CICA). Read on to learn more about this topic and more.

Choose A Section

What Is Rape?
Support Networks For Rape Victims
Could I Claim Rape Compensation?
How Much Rape Compensation Could I Receive?
Using A No Win No Fee Solicitor
Find Out More About Claiming Rape Compensation

What Is Rape?

Rape refers specifically to when someone is penetrated by a penis against their will. The penis can enter the mouth, anus, or vagina and it is still classified as rape if the victim has not given their consent.

Things other than a penis can be forced into these orifices against their will, but it wouldn’t be legally identified as rape. It would be known as assault by penetration. However, anyone who assists with rape can also be prosecuted for the act as well; this means that someone without a penis can be found guilty of rape if they assist a perpetrator with a penis in committing the crime.

You can also be assaulted without being penetrated. Sexual assault is defined as any sexual touching that happens without consent.

Additionally, when an adult or someone under the age of consent engages in sexual activity with anyone below the age of consent then this can also fall under the umbrella of sexual assault or child sexual abuse. The age of consent in all UK nations is 16.

The Sexual Offences Act 1956 defines sexual offences that occurred before 2004, and the Sexual Offences Act 2003 covers sexual offences that occur after this date.

Rape Statistics

The Office of National Statistics has certain statistics unreported child sexual abuse in England and Wales. According to these figures, most cases of reported cases of child sexual abuse were committed by a friend or acquaintance of the victim. This was true in 37% of cases. Around a third (30%) involved a stranger committing the abuse.

Support Networks For Rape Victims

The emotional response to being the victim of sexual assault can be quite difficult to process. It’s important that you have support in place to help you in the difficult period following the incident.

If you feel you cannot talk about what happened to a friend or a loved one, there are a number of different avenues you can explore to assist you.

Refuge offers support for women and help for men who have experienced rape and sexual abuse.
Rape Crisis funds rape crisis centres in England and Wales.
You can contact Survivors UK.
Try the Survivors Trust helpline or live chat service.

Get More Advice On Sexual Abuse Compensation Claims

There are a range of websites available where you can find more specialist advice on sexual abuse compensation claims. Some sites, like www.sexualabusecompensationadvice.org.uk, offer comprehensive guides and a free helpline where you can speak to trained advisors in confidence.

These services help make the process of claiming compensation for the likes of historical abuse and more recent abuse as stress-free as possible. They appreciate the trauma that you may have experienced and know how difficult it can be to discuss this. However, with their sensitive approach, they can help you get some financial compensation for what you experienced.

While compensation cannot undo what you have endured, it can help provide a sense of closure and can offer the funds to provide some accountability for what happened. It can also help with other types of treatment, such as therapy.

As we’ve mentioned above, there’s no need for the perpetrator of the abuse to be identified or prosecuted. This can help reduce the pressure you may feel when contemplating taking legal action.

Could I Claim Rape Compensation?

If you claim for rape or other forms of sexual abuse, this can be done through the Criminal Injuries Compensation Authority (CICA). This is a government-sponsored executive agency that exists to make sure that people who are injured as a result of violent crime can be awarded compensation.

The assailant does not need to be identified or even caught in order for you to be awarded compensation. You’ll be asked to provide evidence in support of your claim. Unlike in criminal claims, where proof must be provided beyond a reasonable doubt, CICA decisions are made on the balance of probabilities.

Rape and sexual assault claims can often be made through the CICA because the compensation comes from the government, so there’s no requirement for your attacker to have been identified in order for you to be compensated. Even if they are caught and charged, they may not have the personal funds available to them to pay you compensation.

It can sometimes be possible to claim directly against the perpetrator if they have the funds available to compensate you. If this is the case, could make a claim against them without needing to go through the CICA.

Time Limits And Eligibility

If you make a direct claim for compensation, then you will generally have 3 years in which to begin a claim. This time limit can vary, however; get in touch to find out how.

When claiming through the CICA, it’s recommended that you report the violent crime to the police as soon as is possible. This is so that you are given a case reference number. Without this, you will not be able to make a claim.

The CICA may consider claims where there was a delay in you reporting the incident. However, you will need to explain how exceptional circumstances resulted in a delay in reporting.

You generally have 2 years from the date of the incident to claim through the CICA. There can, however, be exceptions to this time limit. You will need to supply a sufficient explanation for why you did not come forward within this time frame.

For example, it could be that you were abused as a child and have been too emotionally scarred to come forward until you reach adulthood. Ultimately, it is up to the CICA as to whether they accept your reasons.

How Much Rape Compensation Could I Receive?

Rape compensation awarded through the CICA is calculated using the CICA’s own tariff of injuries. The figures are a flat fee. You can be awarded compensation for more than one injury, but only the injury with the highest value is paid to you at the full rate.

After that, only 2 additional sums can be awarded to you from this tariff. The second most valuable is awarded at a rate of 30%, and the third most valuable is awarded at a rate of 15%.

We’ve included some example sexual assault and rape compensation figures from the CICA tariff in the table below.

Awarded For	Description	Amount
Non-consensual penile penetration	When the anus, mouth, or vagina is penetrated by a penis without the victim’s consent by 1 attacker	£11,000
Non-consensual penile penetration	When the anus, mouth, or vagina is penetrated by a penis without the victim’s consent by 2 attackers or more	£13,500
Non-consensual penile penetration	Forced penetration that leads to internal injuries to the body	£22,000
Non-consensual penile penetration	Penetration without consent, leading to lasting moderate mental illness that is disabling	£22,000
Non-consensual penile penetration	Penetration without consent, leading to lasting and severe mental illness that is disabling	£27,000
Non-consensual penile penetration	When forced penetration leads to moderate mental illness of a permanent nature and serious internal injuries	£33,000
Non-consensual penile penetration	When forced penetration leads to severe mental illness of a permanent nature and serious internal injuries	£44,000
Non-consensual penile penetration	Pattern of numerous incidents by 1 attacker or more for a period of up to 3 years	£16,500
Non-consensual penile penetration	Pattern of numerous incidents by 1 attacker for a period of over 3 years	£22,000

There is a separate tariff for violent crimes leading to an unwanted pregnancy, loss of a foetus, or contraction of a sexually transmitted disease. These aren’t subject to this formula that sees multiple injury awards reduced.

Additionally, you can also claim for something called special expenses. In order to claim special expenses, you must have lost out on earnings for at least 28 weeks after the incident. Special expenses must be reasonable, necessary and incurred as a direct result of your injuries.

You could also claim back a loss of earnings if you have missed time at work. However, this is not backdated and will be paid at a Statutory Sick Pay (SSP) rate.

If you make a claim directly against a perpetrator, then your injuries may be valued with the help of a publication called the Judicial College Guidelines. These are based on previous compensation awards that have been made.

Using A No Win No Fee Solicitor

If you’re worried about the cost of hiring a solicitor for your sexual assault claim, we may have the solution for you.

All of the solicitors on our panel operate on a No Win No Fee basis. This means that you don’t have to pay them unless your claim is successful. If you are not awarded compensation, then you won’t need to pay them anything. Furthermore, they won’t ask you to pay them upfront to secure their services or as the claim progresses.

If you are awarded a settlement, your No Win No Fee lawyer will take a small percentage of the final amount to cover their costs. The percentage is kept small by law.

Funding legal representation in this way can help reduce the financial risk to yourself.

Find Out More About Claiming Rape Compensation

We have included some links to more resources that may prove useful and informative.

Find out how to appoint a litigation friend to claim on your behalf when making a direct claim.
An NHS article on help after rape and sexual assault.
How the Crown Prosecution Service (CPS) prosecute rape.

We also have some other guides you may find useful:

Thank you for reading our guide on rape compensation. We hope you found it useful.

Advice On What To Do After A Rape