If you’ve been sexually assaulted, abused or raped, you could potentially start a sexual assault claim for compensation. You can claim for the physical injuries caused and any related psychological damage. It is also possible to claim for related psychological damage even if there are no physical injuries.
It may be possible to claim compensation directly from the perpetrator. This is only if they can be found and have the funds to pay you. If this avenue is not an option for you, you could potentially claim through the Criminal Injuries Compensation Authority (CICA). You need to have first reported the incident to the police to do so.
The CICA is a government agency that aims to compensate victims of violent crime. This guide will look further at how you could claim via the CICA.
Read on to find out more about how you could start a sexual assault claim. However, we would like to note that some sections of this guide could be triggering if you have suffered psychological damage.
Choose A Section
- What Is A Sexual Assault Claim?
- How Do I Receive Support After Sexual Abuse, Assault Or Rape?
- The Process Of Making A Sexual Assault Claim
- How Much Compensation Could A Sexual Assault Claim Be Worth?
- Using A No Win No Fee Lawyer For Sexual Assault Claims
- Additional Resources About Sexual Assault And Rape Claims
What Is A Sexual Assault Claim?
Under the Sexual Offences Act 2003, sexual assault is defined as one person intentionally, sexually and non-consensually touching another person without reasonable belief that they’ve consented. This does not have to include penetrative acts, but it may do. However, rape is defined as non-consensual penetrative acts to the mouth, anus or vagina with a penis.
The Crown Prosecution Service (CPS) defines child sexual abuse as inciting or forcing someone under the age of 18 to engage in sexual activity. This could include physical contact, such as rape or oral sex. This could also potentially be non-penetrative acts, such as rubbing and touching. Men, women and other children could all commit child sexual abuse.
It is also possible to claim compensation for historic child abuse. Sometimes, it may not be possible to immediately report an incident to the police. For example, suppose a child is being sexually abused. In that case, it is unreasonable to expect them to take themselves to the police station if a trusted adult cannot report the incident for them.
However, suppose a claimant reports historic sexual abuse to the police after they have turned 18. The CICA could still consider the claim if enough reasoning was provided as to why the application could not be made earlier.
What Do The Statistics For Sexual Assaults Say?
The Office for National Statistics collects statistics on a variety of crimes in England and Wales. They gathered statistics on child sexual abuse from the Crime Survey for England and Wales for 2019 and estimated that 7.5% of adults aged 18-74 years experienced some form of sexual abuse before they were 16. These statistics also showed that in the year ending March 2019, the police reported 73,260 sexual offences against children.
How Do I Receive Support After Sexual Abuse, Assault Or Rape?
Receiving compensation is just one form of support you could seek after being sexually assaulted, abused or raped. There are also a variety of charities that could emotionally support you with any psychological trauma you may have suffered as a result of your sexual assault. Some examples include:
- The Survivors Trust – An umbrella agency for specialist rape and sexual abuse services in the UK, working with victims of all ages and genders.
- Survivors UK – This charity aims to support men, boys and non-binary people aged 13+ who have experienced sexual violence.
- Rape Crisis – A feminist organisation that supports the Rape Crisis Centres across England and Wales, raising awareness of sexual abuse and violence.
- Refuge UK – This charity aims to support victims of all types of violence, including sexual abuse. They can provide emergency accommodation, culturally-specific services and support workers.
- Victim Support – An independent charity for those affected by traumatic incidents and crime in England and Wales.
Each of these charities aims to provide emotional support and advice for any victims of sexual assault, abuse or rape. If you’ve suffered psychological damage as a result of sexual assault, these charities can provide specific services to help you during a difficult time.
The Process Of Making A Sexual Assault Claim
As mentioned, you can make a sexual assault claim against the perpetrator directly if you know who they are and they have the funds to compensate you. This is a personal injury claim, where you could claim general damages for the suffering caused and special damages for any financial losses.
You could make a sexual assault claim through the CICA if the perpetrator is unknown or does not have the funds to compensate you. To do so, you need to have reported the crime to the police as soon as possible. There are also time limitations to making a claim through the CICA.
Generally, this is 2 years from the date of the incident. In some cases, this may be 2 years from the date the incident was reported to the police. However, the CICA will still consider later applications if sufficient reasoning is provided as to why you could not apply sooner.
For example, a person with diminished mental capacity may need to wait until they are recovered to report an incident to the police. If this is longer than 2 years after the incident, they could provide medical records to show why they were unable to claim previously.
However, if you’d like to claim on behalf of someone who lacks mental capacity, you could. You’d need to prove that you have the authority to do this.
What’s more, if you wish to claim on behalf of a child and are their parent or guardian, you could.
There are also a variety of payments you could potentially claim in a CICA case. This includes:
- Injury payments
- Loss of earnings
- Special expenses
- Child’s payments
How Much Compensation Could A Sexual Assault Claim Be Worth?
This section includes a table of possible compensation amounts set in the Criminal Injuries Compensation Scheme tariff. These are set payments for injuries, so if you are successful in your application, these amounts are what you could receive.
Victim Type of Offence Severity Compensation Notes
Victim of any age Sexual Assault Serious £2,000 Non-penetrative sexual and physical acts under the clothing.
Victim of any age Sexual Assault Severe £6,600 Pattern of frequent and repetitive abuse over a period of up to 3 years. This could be by one or more attackers.
Victim of any age Non-Consensual Penile Penetration or One or More of Anus, Mouth or Vagina - £13,500 This would be done by two or more attackers.
Victim of any age Non-Consensual Penile Penetration or One or More of Anus, Mouth or Vagina Moderate Mental Illness £22,000 The offence resulted in a permanently disabling mental illness. This would be confirmed by psychiatric prognosis.
Victim of any age Non-Consensual Penile Penetration or One or More of Anus, Mouth or Vagina Severe Mental Illness £44,000 The offence caused serious internal injuries with a related disabling mental illness.
Victim is a child or an adult with diminished mental capacity Sexual Assault Serious £3,300 A pattern of repetitive non-penetrative sexual and physical acts under the clothing.
Victim is a child or an adult with diminished mental capacity Sexual Assault One or More Oral Genital or Non-Penile Penetrative Acts £4,400 Two or more isolated incidents of the listed offence.
Victim is a child or an adult with diminished mental capacity Sexual Assault Pattern of Repetitive and Frequent Oral Genital or Non-Penile Penetrative Acts £22,000 Offence will have resulted in serious internal bodily injuries.
Victim is a child or an adult with diminished mental capacity Non-Consensual Penile Penetration or One or More of Anus, Mouth or Vagina One Incident £11,000 Once incident of this type of offence.
Victim is a child or an adult with diminished mental capacity Non-Consensual Penile Penetration or One or More of Anus, Mouth or Vagina Repeated Incidents £16,500 Repeated incidents for up to 3 years.
You could also claim special expenses as part of your compensation, which aims to reimburse you for specific financial losses incurred as a result of your injury. However, this is only awarded if you have been unable to work for at least 28 weeks from the date of the incident.
You can claim for special expenses that have accrued from the date of the injury. However, you could only claim a loss of earnings after the 29th week.
Using A No Win No Fee Lawyer For Sexual Assault Claims
If a lawyer offers you a No Win No Fee agreement for your sexual assault claim, they would take payment in the form of a success fee. Your solicitor will only deduct this fee once you receive your compensation in its entirety. There is also a legal cap on the success fee so that you can keep the majority of your compensation.
However, if your claim is unsuccessful, your solicitor won’t require you to pay them for their work at all. You also don’t need to be concerned about paying them upfront or whilst the case is ongoing whether the claim wins or loses.
Additional Resources About Sexual Assault And Rape Claims
Thank you for reading our guide about sexual assault claims. We hope it answered any questions you may have had. For additional resources, please see below.
Help After Rape and Sexual Assault – An NHS guide to support avenues you could explore after rape and sexual assault.
Childline – Childline is a free-to-call helpline for children experiencing abuse. This page is their guide to child sexual abuse.
Report a Rape or Sexual Assault – A government guide to reporting rape and sexual assault.
We also have some other guides you may find useful: