Sexual abuse is considered a sexual offence by the Crown Prosecution Service (CPS). The Criminal Injuries Compensation Authority (CICA) also considers it a crime of violence. Understanding what counts as sexual abuse and the legal criteria for making a compensation claim can empower survivors. It can enable survivors to seek compensation for their physical and psychological trauma. By clearly identifying what is considered adult or child sexual abuse and knowing when you are eligible to make a claim, you can be empowered to seek compensation.
What You Need To Know
- The CICA is an agency sponsored by the Ministry of Justice. Its purpose is to compensate victims of violent crimes through the Criminal Injuries Compensation Scheme 2012.
- You may have 2 years to file a sexual abuse claim through the CICA.
- What counts as sexual abuse is set out in legislation, such as the Sexual Offences Act 2003.
- The NHS provides information for those affected by sexual assault and rape.
- We work with specialist sexual abuse compensation claims solicitors, one of whom could help you.
Please contact one of our advisors to discuss your sexual abuse claim. You can talk to an advisor by:
- Phoning 0333 091 8597.
- Clicking on the live support window below.
- Using our contact page to send the details of your case.
Jump To A Section
- What Counts As Sexual Abuse And When Can I Claim?
- Does Sexual Abuse Always Have To Be Physical?
- What Are Some Common Signs Of Sexual Abuse?
- What Impacts Can Sexual Abuse Cause?
- How Much Compensation Could You Receive When Making A Claim For Sexual Abuse?
- How Long Do You Have To Claim Sexual Abuse Compensation?
- What Is Needed To Make A Sexual Abuse Claim?
- No Win No Fee Sexual Abuse Claims Solicitors
- More Information
What Counts As Sexual Abuse And When Can You Claim?
Sexual abuse is an umbrella term covering non-consensual sexual contact, behaviour and violence. This can include sexual assault, rape, other forms of violence, as well as coercion and exploitation. A person may be sexually abused either physically, psychologically or online. The aforementioned Sexual Offences Act 2003 defines and categorises sexual offences in England and Wales.
It is important that victims understand what counts as sexual abuse. By understanding what counts as sexual abuse and what eligibility criteria must be met, survivors can clearly understand when they could be compensated. Such compensation could help them to address their trauma.
Sexual abuse claims made through the CICA may be done so as a last resort and where there is no other avenue to seek compensation. Claims may be made where the perpetrator is unknown, has not been convicted, or lacks the funds to pay compensation.
Claims made through the CICA must meet the following criteria;
- The person must have been harmed by a crime of violence. Examples of such are set out in Annexe E of the CICA Scheme. This may include sexual behaviour, sexual violence, etc.
- The incident occurred in England, Scotland, Wales, or another relevant place. This may include ships registered in one of those countries.
- You report the crime to the police and obtain a crime reference number, which must be submitted with your claim.
- Your claim is filed within the applicable time limit. This is discussed further later in our guide.
You can learn more about statistics on sexual assault in our dedicated guide and can get help from an advisor by contacting us.
Does Sexual Abuse Always Have To Be Physical?
No, sexual abuse does not have to involve physical sexual acts. In addition to physical contact (such as sexual touching), abuse can also include sexual harassment, online grooming, or coercion. Non-physical abuse may include threats and explicit comments, sending unsolicited sexual messages, and manipulative sexual behaviour.
An example of non-physical abuse may be where a perpetrator digitally sends unsolicited graphic sexual images to a vulnerable adult. Whether the incident involves physical contact or not, the victim can still suffer emotional or psychological harm. This may include emotional distress, anxiety, depression and post-traumatic stress disorder.
Under the Scheme, victims may be compensated for psychological and emotional harm as well as financial losses, such as the cost of therapy.
Please contact our advisors to learn more about when and how to claim for sexual abuse.
What Are Some Common Signs Of Sexual Abuse?
Common signs of what counts as sexual abuse may include emotional distress, physical injuries and even behavioural changes. Such signs may indicate that someone has experienced and been harmed by non-consensual sexual activity. Recognising the signs of sexual assault or abuse can enable survivors and those around them to identify incidents and patterns of abuse, seek justice and claim compensation.
Common signs of sexual abuse may include physical symptoms, such as those caused by physical force,
- Bruises.
- Bleeding, discharge, pain or soreness in the genital area.
- Other genital injuries.
- Sexually transmitted infections.
- Pain and/or soreness in the throat.
- Difficulty sitting or walking.
- Pregnancy.
Psychological, behavioural, or emotional symptoms and signs may include,
- A child avoiding being alone with a person or being frightened of that person.
- Sexual behaviour, including language or acting in a sexual manner, you would not expect the person to know.
- Bet wetting and/or nightmares.
- Misusing drugs or alcohol.
- Changes in mood, such as increased anger and irritability.
- Changes in eating habits.
- Self-harm.
Behavioural changes, such as suddenly running away or avoiding certain situations, such as attending school, could indicate the person is experiencing abuse. For instance, they may be suffering abuse in a school.
What Impacts Can Sexual Abuse Cause?
Sexual abuse could have short, medium and long-term effects on victims. The impact could be physical, psychological and even social. This impact may present as physical injuries, psychological trauma and social anxiety or isolation. Recognising the impact such abuse could have on a survivor could help them and those supporting them to seek appropriate care as well as compensation.
Acts such as harassment or assault could significantly harm someone. Effects may include;
- Depression and anxiety.
- Disordered eating.
- Post-traumatic stress disorder (PTSD).
- Suicidal ideation.
- Nightmares and flashbacks.
- Feelings of isolation, guilt and shame
Survivors of sexual violence or abuse may also face problems in their relationships with partners, family and friends.
Historical Abuse Claims
Historical abuse claims are those which deal with non-recent abuse. They may involve an adult claimant who suffered abuse as a child or young person under the age of 18 at the time of the incident or incidents.
As we will look at in more detail when explaining time limits later in this guide, claims for historical abuse must clearly show why they were not brought earlier. Similarly, if the abuse was not reported at the time, you must show what exceptional circumstances prevented you from doing so.
Claiming On Behalf Of A Child
Claims could be made on behalf of a child. Victims of sexual abuse under the age of 18 cannot make a claim through the CICA themselves. However, a parent or guardian may act on their behalf.
Our advisors are on hand to listen to you. They could assist with claims for child abuse, sexual acts involving vulnerable adults and other sexual offences.
How Much Compensation Could You Receive When Making A Claim For Sexual Abuse?
How much compensation you could receive when making a claim for sexual abuse is calculated based on fixed tariffs published in the Criminal Injuries Compensation Scheme 2012. The Scheme is administered by the CICA who assesses applications for compensation. The fixed tariff takes the type of harm, severity and its impact on the person into account.
Under the fixed tariff you could claim for up to 3 different injuries from the main part of the Scheme. How much compensation you are awarded for each will be based on the multiple injuries formula. Claimants may receive,
- The full tariff value (100%) for the highest valued injury.
- 30% of the tariff value for the 2nd (or equally) highest valued injury.
- 15% of the tariff value for the 3rd (or equally) highest valued injury.
In addition to this, payments may be made for pregnancies, sexually transmitted infections (STIs) or the loss of a foetus due to a violent crime. These may be valued in line with a different tariff, and the multiple injuries formula is not applicable.
Below we have taken examples of CICA payouts from the Scheme and present them in a table. Note, the first entry is our illustrative example, not taken from the Scheme. Please note that the table is only intended to act as a guide. Speak to an advisor for a more accurate assessment of how much compensation you could be awarded for sexual abuse.
| Harm | Description | Tariff |
|---|---|---|
| Multiple types of harm and special expenses. | Multiple injuries compensation as well as lost earnings and special expenses. | Up to £500,000 where special expenses and lost earnings are included. |
| Sexual offences - non-consensual (penile) penetration of the vagina, mouth or anus. | Resulting in serious injuries and disabling mental illness that is severe. | £44,000 |
| Resulting in serious internal injuries and a moderate mental illness. | £33,000 | |
| Which causes a permanent severe disabling mental illness. | £27,000 | |
| Causing permanent, moderate, disabling mental illness. | £22,000 | |
| Which causes serious internal bodily injury. | £22,000 | |
| Involving two or more assailants. | £13,500 | |
| Sexual offences where the victim is a child. non-consensual (penile) penetration of the vagina, mouth or anus. | Which causes serious internal injuries and a severe, permanently disabling mental illness. | £44,000 |
| Causing serious internal injury and moderate but permanent mental injury. | £33,000 | |
| Sexual offences against a child. Sexual assault. | One or more non-penile penetrative or oral acts, resulting in serious internal injuries. | £22,000 |
Special Expenses
Special expenses may also be included in claims for sexual harassment, abuse or assault. You may claim for the following special expenses,
- The cost of replacing physical aids, such as glasses or hearing aids, which were damaged in the incident.
- The cost of equipment you now need, such as a wheelchair, etc.
- Expenses related to care, e.g. food preparation.
- The cost of modifying your home to accommodate a disability.
You must show that these expenses were directly caused by your injuries, that they were necessary, reasonable and that they could not be obtained for free.
You could also be compensated for lost earnings. You must have been unable to work, or only able to work in a limited capacity, for a minimum of 28 weeks. Such losses are not backdated.
Please contact an advisor to learn more about how to work out sexual abuse compensation.
How Long Do You Have To Claim Sexual Abuse Compensation?
In most instances, you have 2 years in which to claim sexual abuse compensation. This is typically taken from the date on which the abuse occurred. The time limit may be extended in child sexual abuse cases. Criminal injuries claims made through the CICA must be filed as soon as reasonably possible.
Victims may be able to make a claim outside of this time limit in certain circumstances. To do so, the victim must show that there were exceptional circumstances which prevented them from making a claim within this time limit.
One such example of where a claim may be made after 2 years is that of historical child abuse. If the victim was under the age of 18 when abused,
- If the abuse/ child sexual abuse was reported to the police, but a claim was not made at the time, the victim has 2 years from the date of the incident.
- If the abuse was not reported at the time, the victim may have 2 years from the date it is reported. This is provided that it can be shown exceptional circumstances prevented a report being made sooner.
An advisor could help you understand how long you may have to claim and ensure that it is filed within the time limit.
What Is Needed To Make A Sexual Abuse Claim?
To make a sexual abuse claim, whether through the CICA or directly against the perpetrator, you must provide supporting evidence.
Evidence which may support claims for sexual assault, child sexual abuse or other sexual offences may include;
- Your crime reference number. When an incident is reported to the police, the victim should be issued with a crime reference number.
- Medical evidence of sexual activity and which shows that someone has been sexually abused.
- Proof that you meet the residency requirements.
- Documentation showing proof of any special expenses or loss of earnings you intend to include in your claim.
Please speak to our team to learn more about how to access compensation and to get help from the criminal justice system.
No Win No Fee Sexual Abuse Claims Solicitors
One of our No Win No Fee sexual abuse claims solicitor could help you to claim compensation. Whether you were the victim of abusive or coercive behaviour, you may be eligible to make a claim. To take on your case on a No Win No Fee basis, one of our solicitors may ask you to sign a Conditional Fee Agreement (CFA). This is a type of contract offered by solicitors in line with the Conditional Fee Agreements Order 2013. It sets out the terms and conditions by which a solicitor will provide their services.
The CFA should contain details of when and how you will need to pay the solicitor for their work. Typically, there is no charge for this,
- Before the solicitor begins working on your case.
- Whilst the claim is ongoing.
- If the claim fails.
If the CICA awards you compensation for sexual assault, abuse or other criminal injuries, you would then be charged a success fee. This fee is levied as a percentage of your compensation. Details of the percentage will be set out in the CFA. In addition, the percentage is limited under the Conditional Fee Agreements Order 2013.
Further to this, an abuse or sexual assault solicitor could help you by,
- Advising you on how the criminal injury claims process works.
- Ensuring you claim for any financial losses you may be entitled to.
- Helping you to complete any CICA forms.
- Ensuring that the evidence you collect and submit meets the CICA’s requirements.
- Corresponding with the CICA where necessary.
- Keeping you informed of your claims progress.
- Helping you to claim on behalf of a loved one, such as in child sexual abuse cases.
Contact Our Team Of Advisors
Our advisors can provide free advice on claiming sexual abuse compensation. You can speak to a team member by,
- Calling 0333 091 8597.
- Sending your details to us via our contact page.
- Using our live support below.
More Information
Find more information on adult and child sexual abuse claims in these resources listed below:
- You can find out how to get help with sexual abuse, such as emotional support or mental health care, in our guide.
- You can find more information about how to claim for sexual abuse in a marriage in this guide.
- Learn more about adult sexual abuse claims in this guide.
External websites and resources:
- Learn about how to report rape, sexual assault, sexual exploitation and other offences to the police in this resource.
- You can find information on dealing with and preventing child sexual abuse in this guide from the NSPCC (National Society for the Prevention of Cruelty to Children).
- Victims of sexual violence and abuse can find help, such as from Sexual Assault Referral Centres (SARCs) in this government resource.
We hope that this guide has helped you to better understand what counts as sexual abuse and when you could claim compensation. Please contact us if you or a loved one have been impacted by any of the issues raised in this guide.
