If you’ve suffered due to an assault, you may be wondering, “can I claim compensation for being sexually assaulted?” This guide will explain what sexual assault is and clarify how you could receive compensation.
Read on to learn more about receiving sexual assault compensation.
Choose A Section
- Can I Claim Compensation For Being Sexually Assaulted?
- The Available Support After Suffering Rape And Abuse
- The Claims Process For Getting Sexual Assault Compensation
- Compensation Payouts In Sexual Assault, Abuse And Rape Claims
- No Win No Fee Agreements And Criminal Injury Lawyers
- Learn More About How To Claim Compensation For Being Sexually Assaulted
Can I Claim Compensation For Being Sexually Assaulted?
Firstly, we will clarify what sexual assault is. The Sexual Offences Act 2003 relates to sexual crimes committed in England and Wales from May 2004. It states that sexual assault is when:
- You are touched intentionally by another person; and
- The touching is of a sexual nature; and
- This touching is not consented to; and
- The person committing the act does not reasonably believe it is consented to.
For the act to be considered sexual assault, all four actions need to have taken place. Furthermore, it’s important to remember that touching can involve any part of the offender’s body or object.
Additionally, the relevant legislation could vary due to the different types of sexual assault. The Sexual Offences Act 1956 relates to sexual assault crimes in England and Wales before May 2004.
Legislation such as the Indecency with Children Act 1960 clarifies what is considered indecent conduct to a child, including historical sexual abuse. It was repealed by the Sexual Offences Act 2003. However, crimes committed before May 2004 would be prosecuted under this legislation.
The logic behind receiving compensation is that you have suffered, physically or mentally, due to a criminal act.
The Available Support After Suffering Rape And Abuse
The statistics show that you are not alone in suffering from sexual assault. Other people have experienced such incidents, which is why there is support that could help you. You may have suffered extreme physical or psychological injuries from the incident, which can change the type of help you need.
The Survivors Trust provides specialist rape and sexual abuse services. It is the largest umbrella agency of its kind in the UK. They provide advice, information, therapy and support for all forms of sexual assault, sexual abuse, sexual violence and exploitation of a sexual nature.
Survivors UK provides support to every male or non-binary person affected by rape or sexual abuse.
Rape Crisis England and Wales is an umbrella body of independent Rape Crisis centres. They provide specialist support for victims of sexual assault and sexual violence.
Furthermore, Victim Support is an independent charity that helps people in England and Wales deal with the trauma caused by any crime.
There are further links at the end of this article that could help you receive the relevant care and support.
The Claims Process For Getting Sexual Assault Compensation
To sufficiently answer the question, “can I claim compensation for being sexually assaulted?” we need to clarify how you could claim. The Criminal Injuries Compensation Authority (CICA) provides an avenue for you to claim for criminal injuries suffered in England, Scotland and Wales. You may be able to make a CICA sexual abuse claim by requesting compensation through their scheme.
The CICA scheme stipulates the criteria for making criminal injury claims. It generally includes:
- Reporting the incident to the police as soon as you possibly can. Suppose the incident happened years ago because, for instance, it was historic sexual abuse. In that case, the CICA might request further evidence to explain the length of time between the incident happening and the reporting of the incident.
- Claiming within two years of reporting the incident to the police. The CICA need a police crime reference number for you to potentially claim through them.
- Meeting their eligibility criteria regarding your residence. For example, you would need to be a resident of the UK when the criminal act took place unless you meet other stipulations within this criteria.
Grounds for the potential withholding of any award include if you have unspent convictions or haven’t taken reasonable steps to assist the claims officer or other body as they consider your case. Please refer to the tariff to learn more about claiming through this method.
Is there another claims method that could be relevant?
In certain circumstances, you may be able to make a personal injury claim instead of a criminal injury claim. If, for example, your child is sexually assaulted by a teacher and it’s revealed that the teacher did not go through the correct DBS check before employment due to the school’s failings, you could sue the school for negligence.
In such cases, you could claim on behalf of your child by becoming their litigation friend. You would only be able to do this if you can prove that negligence was a contributory factor in the assault.
If the perpetrator has the means to compensate you and is identified, you could claim directly against them.
In both of these instances, the Judicial College provides a better idea of what you could receive when you claim compensation for sexual abuse.
Compensation Payouts In Sexual Assault, Abuse And Rape Claims
Below is a list of relevant injuries and the amount you could receive in the CICA tariff. Please remember that you would only receive criminal compensation if your claim is successful.
| Type of Offence | Type of Injury | Compensation Amount | Description |
|---|---|---|---|
| Sexual offence - victim, any age | Assault of a sexual nature | £27,000 | This value is for assault of a sexual nature that has led to disabling and permanent mental illness. This is confirmed as being severe through psychiatric prognosis. |
| Assault of a sexual nature | £3,300 | This amount is for non-penile oral-genital or penetrative act(s) that are severe in nature. | |
| Assault of a sexual nature | £1,000 | This value is for non-penetrative, minor sexual acts over clothing. | |
| Penile penetration that is non-consensual | £22,000 | This amount is for penile penetration that is non-consensual of at least one of the anus, mouth or vagina, resulting in serious internal injury to the body. | |
| Penile penetration that is non-consensual | £33,000 | This value is for penile penetration that is non-consensual of at least one of the mouth, vagina or anus. This results in serious internal bodily injury leading to disabling, permanent and moderate mental illness confirmed by psychiatric prognosis. | |
| Sexual offence - victim is a child | Assault of a sexual nature | £4,400 | This value is for at least two isolated sexual assault incidents that involve one or more oral genital or non-penile penetrative act(s). |
| Assault of a sexual nature | £8,200 | This amount is for repetitive and frequent sexual assault incidents that involve at least one oral genital or non-penile penetrative act(s). These acts would have taken place over a period of three years or more. | |
| Assault of a sexual nature | £2,000 | This value is for a non-penetrative sexual physical act(s) that is serious in nature that occurred under clothing. | |
| Penile penetration that is non-consensual | £11,000 | This value is for one incident that involves penile penetration that is non-consensual of one or more of the mouth, anus and vagina. | |
| Penile penetration that is non-consensual | £44,000 | This amount is for penile penetration that is not consensual of at least one of anus, vagina or mouth resulting in internal bodily injury that is serious in nature. This causes permanent, disabling and severe mental illness confirmed by a psychiatric prognosis. |
We’ve explained some of the criteria relating to who is eligible for compensation. Additionally, there are other types of compensation you may be able to receive when making a criminal injury claim. This includes special expenses relating to specific costs you’ve had to incur because of your injury. Stipulations to receiving this include:
- Your injuries result in you losing earnings or earning capacity or incapacitation to a similar degree for more than 28 weeks.
- Proving that you cannot receive this service or benefit free of charge.
- Showing that the expense is necessary.
- Proving that the expense is a direct result of the injury.
- Illustrating that the cost is reasonable.
You could also claim loss of earnings if you haven’t been able to work for more than 28 weeks due to your injuries.
No Win No Fee Agreements And Criminal Injury Lawyers
You may wonder what the benefits of using a No Win No Fee agreement are when claiming. Our panel of solicitors offer their services on a No Win No Fee basis. This could make it easier for you to afford the services of a solicitor. The benefits include:
- Not paying the solicitor’s fee during the claims process.
- Only paying this fee at the end of your claim if it’s successful. Your solicitor would take a small, legally capped compensation portion to cover this.
- No hidden fees or costs. Your solicitor will clarify all potential costs before you agree to use their services.
Learn More About How To Claim Compensation For Being Sexually Assaulted
To learn more about the services that can be provided, please use the below links.
Refuge provides help for sexual abuse victims.
The NHS provides more services that can help after rape and sexual assault.
Childline also provides advice, information and supportive help if you or your child has suffered from sexual abuse.
We also have some other guides you may find useful: