No win, No fee To the vast majority of people, the thought of an individual being sexually abused by a family member is difficult to comprehend. While many of the claims of sexual abuse involve children there have also been many instances of family member abuse involving adults – young and old. As many abusers find it extremely easy to lie, often covering their tracks with violence and intimidation, these can certainly be challenging cases to prove. However, there is often a different type of evidence used to convict family members of sexual abuse as we will cover below.
Definition of sexual abuse
While many of us will have an idea in our heads, it is probably worthwhile to very quickly define sexual abuse in the context of a personal injury claim. In essence, this refers to any type of sexual act/activity which is unwanted and forced upon another person. This can include:-
- Sexual harassment
- Sexual activity
- Sexual exploitation
- Female genital mutilation
- Online grooming
The simple fact is that an individual has a right to say no and if consent is not given, and any type of abuse is experienced, then they can pursue a criminal prosecution and civil compensation claim. It is also worth noting that the laws covering sexual abuse have been extended and now include the following:-
- Rape
- Verbal sexual abuse
- Forcing a victim to have sex with other individuals
- Introducing pornographic photographs
- Forcing others to take part in pornography
- Making an individual wear clothing not chosen by them
- Encouraging and forcing prostitution on an individual
- Degrading treatment
- Forcing an individual to engage in acts of a sexual nature
Over the years we have seen various changes in laws covering sexual abuse, in this instance by a family member, to include a whole variety of different acts and coercing of individuals. This list is by no means exclusive and if you feel you have been sexually abused by a family member it is important that you step forward and report this.
Signs of sexual abuse by a family member
Even though we have seen many sexual abuse claims going through the courts it is welcoming to know that the vast majority of children and adults live in a safe and secure family environment. When within that safe environment it can be difficult to separate what you might read in the papers of sexual abuse outside of the family to a close loving family member carrying out such acts. As a means of clarifying the situation, these are some of the signs of sexual abuse by a family member:-
- Touched in an inappropriate manner
- Forced to have sex
- Forced to look at sexual videos/pictures
- Made to watch others undertaking sexual acts, whether in person, via pictures or webcam
- Coerced into activity of a sexual nature which feels wrong/uncomfortable
- Sexual grooming online
Those within your family circles who undertake such sickening activities are often experts in gaining the confidence of parents and that of the child/adult involved. We’ve also seen cases involving children/adults with disabilities of a physical or mental nature. Even though this type of sexual abuse can be difficult to prove, where there are perhaps communication difficulties, they should still be pursued as vigorously as possible.
Signs your child may be being abused
Experts have studied all types of sexual abuse and when collating information there are numerous common signs that your child may be being abused by a family member. Sometimes these can be difficult to face, often forcing some people to put their head in the sand, but they are real and proven. Some of the more common signs of child sexual abuse include:-
- A reluctance to be alone with a particular family member
- Constant indiscipline and running away from home
- Physical signs of sexual behaviour and bruising
- Receipt of unexplained gifts/money
- Self-harming
- Different tone when describing sexual acts/activity
- Change in eating habits
- Personality disorders such as extreme anger
- Fear of places/people for no apparent reason
- Anxiety issues such as bedwetting
- Huge unpredictable mood swings
- Signs of excessive secrecy
- Becoming clingy/withdrawn
- Insomnia/nightmares
- Inappropriate activity with objects/toys
In the event of some kind of sexual abuse by a family member, it is likely you will see a number of these signs emerging. In isolation, no alarm bells may sound but as one by one they continue to build you should start to become concerned and investigate further.
Signs of family member grooming
Remember, while the emphasis tends to be on younger children, instances of sexual abuse by family members on adults are regularly prosecuted by the courts. Some of the more common signs that a child/adult may be being groomed by a family member include:-
- Excessive attention for one particular individual
- Walking in on private moments such as showering
- Uncomfortable favouritism
- Showering an individual with money/expensive gifts for no reason
- Regular overnight stays/offering to babysit for free
- Spending an uncomfortable amount of time with a child
- The insistence of time alone with no interruptions
- Overly interested in a child’s sexual development/personal relationships
- Unwanted physical attention such as excessive hugging, kissing, wrestling, etc
- Withdrawing normal levels of privacy for the individual
In these scenarios things tend to be clearer with hindsight but at the time it can be very difficult to get in a frame of mind to consider such action is occurring. One or two of the above signs may be just a coincidence but once they start to build up it can prompt legitimate concerns that must be taken further.
Physical and mental injuries as a consequence of sexual abuse
Again, it is very easy for people to focus on the physical consequences of abuse, whether as a child or an adult, when there is so much more to this. When contemplating a personal injury claim for mental/physical injury brought on by abuse this can take numerous forms:-
- Physical abuse such as bruises and scarring
- Social isolation
- Mental scarring
- Panic attacks
These are the broad elements of injury which are often central to personal injury compensation claims as a consequence of abuse. They may take a whole variety of different forms and some victims may suffer from one or more as a consequence of their experiences.
Online grooming
While there have been numerous instances of child abuse from family members going back years, one relatively recent trend is that of online grooming. While often associated with strangers they can also be members of the wider family. Grooming tends to take in a number of predefined stages such as:-
- Targeting a victim
- Gaining a victim’s trust
- Filling an emotional void
- Isolating the individual
- Sexualising communications
We also know from research that groomers tend to offer gifts and compliments aplenty to their victims. They will often ask the victim not to tell anybody as they “would not understand” which is why many incidents of grooming go unnoticed for so long.
Protecting a child’s health and well-being
Whether parents, stepparents, foster parents, or adoptive parents all of the individuals involved have a legal obligation to protect a child’s health and well-being. In this particular scenario, we are looking at a member of the wider family undertaking grooming of an online/physical nature. If the legal guardian/parents have any suspicions whatsoever they are obliged to investigate further and if they find evidence then this must be reported. In the event that instances of abuse were noted further down the line and no action had been taken earlier by the child’s parents/legal guardians at the time then they could be held partially implicit in the injuries received.
There is also a role for social services although they would need to be called in before they were able to undertake any kind of investigation.
Claiming compensation for sexual abuse by a family member
In most situations, there is a three-year window in which to make a personal injury claim with the clock starting when the victim is made aware of any physical/mental injuries. This can be extended where the incidents occur when the child was under-18. In this case, they can wait until they turn 18 and then pursue legal action themselves or appoint a third party to seek compensation while they are under-18 years of age. The evidence-gathering process with regards to sexual abuse by a family member can at times be challenging.
There is often a cloak of secrecy, threats, and intimidation and in some cases a genuine belief that this cannot be happening. Once the authorities are made aware they have a legal obligation to carry out a criminal investigation although this does not stop the individual from pursuing personal injury compensation. The type of evidence they would need to pursue a compensation claim would include:-
- Witness statements
- School records
- Employment records
- Social service records
- Police reports
- Medical examinations
- Psychological reports
In isolation, the content of these reports may not be enough to secure compensation but the cumulative power can be huge. We often see other victims step forward when an individual has been accused of sexual abuse – with the abusers often sticking to a particular pattern. As other victims come forward, with the same details of abuse, this can act as yet another rubberstamping for the accusations.
What compensation can you claim for?
There are two different types of compensation when it comes to personal injury and sexual abuse claims. They are known as general damages, actual physical/mental injuries, and special damages which include monetary expenses/loss.
Therefore, in this scenario the type of general damages will include:-
- Physical injury
- Mental suffering
- Impact on family
- Impact on everyday life
If we take a look at special damages they can be relatively extensive including the likes of:-
- Loss of earnings
- Medical treatment
- Psychological treatment
- Recuperation expenses
- Travel expenses
- Impact on career earnings
When it comes to sexual abuse by anybody this is harrowing but even more so by that of a trusted family member. Whatever the age of the victim, they may have also experienced a prolonged period of grooming and psychological manipulation. In the event that the extended family member carried out such activities in the role of their employment then their employee may well be liable for an element of compensation.
If you have been sexually abused by a family member and would like to discuss claiming compensation with a solicitor, you can call us now on 0800 652 1345.
