No win, No fee When it comes to any form of sexual abuse it can be difficult to comprehend but when children/adults are sexually abused by their father/stepfather this can be even more difficult to take in. While there is often a general assumption that sexual abuse is carried out on children there are also many cases of abuse against adults. On occasion, this abuse can start in childhood and carry on into adulthood with abusers using an array of different tactics to hide their actions. Thankfully, there are numerous organisations available to assist those who are the subject of abuse or suspect abuse is taking place within the family group.
Definition of sexual abuse
The idea that such actions actually take place at all never mind within the family group can be extremely difficult to comprehend. It is therefore worthwhile specifically defining sexual abuse in the context of a personal injury claim/legal action. In simple terms it refers to any type of unwanted sexual act/activity, where there is no consent or it is forced upon another person. This takes in a number of actions such as:-
- Sexual exploitation
- Sexual activity
- Sexual harassment
- Online grooming
- Female genital mutilation (FGM)
While FGM is seen as “cultural” in certain circles, this is a form of sexual abuse and something which the courts are now clamping down on. Anyone undertaking such action cannot hide behind their culture and is subject to UK laws which do not recognise such action as being legal.
Sexual abuse laws
The laws surrounding sexual abuse have been extended over the years to include an array of actions which include:-
- Rape
- Degrading treatment
- Verbal sexual abuse
- Introducing pornographic pictures
- Forcing individuals to have sex with other people
- Forced involvement in pornography
- Making an individual wear clothing of the abusers choice
- Forcing an individual to engage in acts of a sexual nature
- Forced prostitution
- Online grooming
While this list of illegal activity gives you an idea of what is covered under UK law this is by no means exclusive. There are other activities that will also come under the broad term of sexual abuse and as such can be prosecuted in the courts and compensation sought by victims.
Signs of sexual abuse by father/stepfather
It is worth putting into context the fact that the vast majority of children/adults live in an extremely loving and caring family environment. Instances of sexual abuse by fathers/stepfathers are extremely rare but unfortunately they do occur. As a consequence, as a parent there is a need to be both vigilant and aware of activities going on around you which may prompt concern about a particularly close relationship. Remember, this type of abuse occurs whether the child’s two parents are living together or apart and the signs are exactly the same:-
- Forced to undertake any form of sexual activity
- Touched in an inappropriate manner
- Sexual grooming online
- Forced to watch others undertaking sexual acts whether in person, via webcam or pictures
- Coerced into any form of sexual activity which feels wrong/uncomfortable
- Forced to watch sexual videos/view explicit pictures
While this is a very difficult subject to discuss in public or even private, we know from research that abusers tend to be experts in gaining the confidence of other family members and child/adult victims. Indeed they will often cover their tracks with false love, threats, and violence and do literally anything to maintain their secret life. We often come across instances of sexual abuse by a family member against children/adults with a physical or mental disability which can be challenging with regards to evidence gathering. However, any form of abuse should be reported as soon as possible to the authorities who will take the appropriate action.
Signs that a child may be being abused
While it is advisable to refrain from making unsubstantiated allegations of child abuse there is also a danger that some people will bury their head in the sand, unable to believe it is actually happening. Some of the more common signs that a child may be being abused include:-
- Self-harming
- Unexplained gifts/money
- Physical injuries such as bruising
- A reluctance to spend time with their father/stepfather
- Rebellious acts such as running away from home
- Changing eating habits
- Personality disorder/mood swings
- Unusual use of “adult sexual terms”
- Eating disorders
- Becoming overly clingy/withdrawn
- Insomnia/constant nightmares
- Inappropriate activity with toys/objects
- Acute anxiety
- Fear of people/places for no apparent reason
- Excessive secrecy
While many of these signs may be put down to “children growing up”, if you begin to see a number of the signs then it should start to ring alarm bells. It may not necessarily be sexual abuse but there could be some underlying issues to resolve.
Grooming by father/stepfather
In hindsight the signs are often there when it comes to grooming by a family member such as a father or stepfather. At the time it can be difficult to even get into the mindset that such actions may be happening right in front of your face. Some of the more common signs that your child may be subject to grooming by a father/stepfather include:-
- Withdrawing normal levels of privacy such as walking in on showers
- Uncomfortable favouritism
- Excessive attention on one particular child
- Regular overnight stays/offers to babysit free
- Spending an inappropriate amount of time with one child
- Unwanted excessive physical attention such as cuddling
- An almost obsessive interest in the child’s sexual development/personal relationships
- Insistence on spending time alone with a child
In isolation the vast majority of these actions may be experienced in a totally innocent child father/stepfather relationship. However, when you begin to see the emergence of more than one action it should then begin to ring alarm bells and should prompt additional vigilance. Any legitimate concerns regarding potential child abuse should be taken further as soon as possible.
Online grooming
In the modern era it is not uncommon for parents/step parents to live apart and as a consequence there may be a number of ways in which parties communicate. The subject of online grooming tends to be associated with strangers but in this scenario it can also be carried out by a father/stepfather. There are a number of classically defined stages of grooming which include:-
- Targeting the victim
- Gaining their trust
- Feeding an emotional void
- Isolating from others
- Sexualising communications
These are subtle but very common steps taken by those looking to groom an individual initially online and then take their contact off-line. The fact they can be so subtle means that the victim, and other family members, may not even realise it is happening.
Protecting a child’s health and well-being
Legally it is a child’s parents who are obliged to protect their health and well-being at least up until they are of adult age. When it comes to adoptive parents or stepparents there may be a difference in legal obligations but certainly not their moral obligations. In the event that a parent, family member, or wider friendship circle has any inclination whatsoever that “something is not right” this should be taken further. It is no excuse to bury your head in the sand, unable to comprehend what is happening if the evidence is before you. In many family groups we see the need for social services to be involved to add another layer of protection for children.
Sexually abused by father compensation claims
The vast majority of personal injury compensation claims need to be pursued within a three-year time frame. This is from either the date of the incident or when the victim first became aware of their physical/mental injuries. If the individual who has been sexually abused by their father is under 18 years of age the courts can appoint a third party adult to act on their behalf or the three-year time limit will begin when they turn 18. The evidence required to pursue a sexual abuse personal injury compensation claim (as well as a criminal prosecution where applicable) still needs to be of an appropriately high standard. However, corroboration by additional third parties showing a particular pattern of abuse will be taken into account with these difficult cases.
It is also worth noting that pursuit of a legal prosecution has no bearing on a victim’s ability to pursue compensation. Indeed, there may be situations where the evidence available is not sufficient to secure a legal prosecution but may be sufficient to secure a personal injury claim. The very nature of these offences means that very rarely will there be any witnesses and the victim is might be subjected to threats and intimidation to stop them talking to others. The type of evidence used to pursue personal injury compensation for sexual abuse by a father can include:-
- Witness statements
- Victim statements
- School records
- Employment records
- Police reports
- Medical examinations
- Psychological reports
- Photographic evidence
- Copies of electronic communication
While any one of the above elements of evidence may not be sufficient to secure compensation, the cumulative impact of two or more can be huge. You will often find that additional victims will come forward once the abuser has been exposed. As we touched on above, evidence of a definite pattern of abuse across a number of victims can also be used as evidence.
Different types of compensation
In basic terms there are two different types of compensation that can be pursued via the personal injury claims route. The first is known as general damages and includes compensation for injuries such as:-
- Physical injuries
- Mental injuries
- Impact on everyday life
- Impact on other family members
- Development of associate conditions such as anxiety
The other type of compensation is known as special damages and is in effect the reimbursement of moneys spent/lost and includes:-
- Loss of earnings
- Cost of medical treatment
- Treatment for psychological issues
- Cost of recuperation
- Additional travel expenses
- Impact on career earnings
Unfortunately, there is evidence to suggest that those who experience sexual abuse by their father may well be susceptible to excessive use of drugs/alcohol. This can very often become an emotional crutch/addiction and is in itself a broad impact that can be included in the list of general damages.
While thankfully the vast majority of children enjoy a warm and loving family environment it is not the same for everybody. Instances of sexual abuse by fathers/stepfathers have been known to continue for many years due to threats of violence and intimidation. There are a number of stereotypical signs that unlawful activity may be ongoing or may have happened in the not too distant past. While there is a temptation to bury your head in the sand and automatically assume “this is not happening”, it is vital that suspicions of sexual abuse are acted upon and the relevant authorities informed.
If you have been sexually abused by your father and want to discuss making a compensation claim with a solicitor, you can call us now on 0800 652 1345.
