Compensation Claims for Victims of Rape and Sexual Abuse

The psychological impact of rape and sexual abuse can be huge and counseling is a big part of the recovery process but there can be more practical problems to overcome; the attack may leave the victim unable to work resulting in financial difficulties, there may be a need to move house or obtain treatment that is not available on the NHS or via a charitable body.

To offset this the victim may look for compensation and there are two main avenues of claim; either via the CICA or against your actual attacker.

CICA

The Criminal Injury Compensation Authority are a government funded organisation that make payments of compensation to victims of violent crime and this includes victims of rape and sexual abuse.

The levels of award vary for different levels and incidents of attack and abuse, a one-off incident of sexual assault without penetration and over your clothing will attract an award of £1000.00 whereas one incident of full penetrative rape will attract an award of £11,000.00, abuse over a longer period can attract an award as high as £22,000.00 with various levels in-between depending on the above mentioned factors.

In addition, compensation can be awarded for:

Physical/Internal injuries resulting from the attack  STD’s/ pregnancy resulting from the attack Psychological damage (in limited cases) Lost income if the period of absence exceeds 28 weeks. Future loss of income if the inability to work is likely to continue.

The CICA normally require the prompt reporting of the matter to the police and the application to be made to them within 2 years of the incident however they will almost certainly waive these requirements when it comes to claims for rape and sexual abuse claims.

It is also worth noting:

Rape includes abuse over a long-period of time by a family member and incest. The CICA does not distinguish between male and female rape victims and the same opportunity to seek compensation is open to male victims of rape and abuse. It doesn’t matter if you were dating / married or related to your attacker at the time of the attack, you are still entitled to claim as much as if it were a total stranger, it doesn’t matter if you were drunk or asleep, it is still a sexual offence and you are allowed to claim.

 

Private claims

An alternative is to bring a claim against your attacker however this may prove difficult if you do not know who they were or if they do not have any assests or money to satisfy a judgment against them.

If there are sufficient assets to justify your claim then you will need to bring a civil action for the assault and provide evidence in support of your losses. It is likely that the courts will award you a higher level of damages as well as disregarding any convictions you may have and ordering the payment, by the other side, of your legal costs. The CICA will not do this.

Money can never undo the harm and damage done by a sexual assault or rape but it can help give a sense a closure and feeling that someone has listened to you.

If you have been the victim of rape or sexual abuse/assault then you should seek legal advice to see if you are entitled to claim compensation.