No win, No fee For some unknown reason, there seems to be some confusion regarding the rights of those who are sexually abused by their husband. Sexual abuse is sexual abuse no matter the environment in which it occurs or the circumstances. As a consequence people sexually abused by their husband, whether a husband and wife or same-sex marriage, have just as much right as anybody to claim compensation. At this point, it is also worth noting that this is a criminal offence, not just a civil offence and there are various types of abuse for the courts to consider. Therefore, if you have been sexually abused by your husband it is imperative that you inform the appropriate authorities and then decide whether you wish to pursue a personal injury claim.
Defining sexual abuse
Despite ongoing attempts by the legal profession to clarify the position of those sexually abused by their husband there does seem to be a degree of uncertainty. We will, therefore, look at the definition of sexual abuse and how this relates to those abused by their husband whether male or female. Thankfully, the legal definition of sexual abuse is very straightforward and leaves no room for misunderstandings or confusion. In simple terms, this is a sexual act/activity where there is no consent from the victim. This can manifest itself in a number of different ways:-
- Sexual activity
- Sexual exploitation
- Sexual harassment
- Female genital mutilation
While this list is by no means exclusive it does give you an idea of the range of potential offences which could be deemed as sexual abuse by a husband. The idea that sexual abuse is always carried out by a stranger is a fallacy. At this point, it is worth noting that even a couple cohabitating and not married still have the same rights if they are sexually abused by their partner.
Different types of sexual abuse
Aside from the obvious physical aspect of sexual abuse, there are numerous other activities which come under the same heading and which can lead to criminal and civil action. The assumption that your husband can coerce or demand sexual activity as and when they want is simply wrong. Looking at the legal aspect of sexual abuse by your husband there are a number of activities to take into consideration:-
- Rape
- Forcing an individual into sexual relationships with other people
- Forcing an individual to wear clothes of the abusers choice
- Sexual name-calling
- Degrading treatment
- Forcing a person to engage in a range of sexual activities
- Forcing an individual into prostitution
- Forcing someone to look at pornographic material
- Forcing someone to partake in pornographic photos/media
We hope this gives you an idea of the range of different activities which come under the guise of sexual abuse by a husband – although this list is by no means exclusive. As you will see, the general thread which runs through all of these is forcing an activity on another or coercing them to do something against their will. It is illegal pure and simple and the act of marriage gives no individual any additional rights in this area.
Sexual abuse by your husband
There have been significant changes with regards to legal protection for those sexually abused and sexually harassed by their husband. If you go back to 1991, legislation was brought in by the government of the day which deemed rape within marriage as a criminal offence. Along with an array of other sexual protection acts, this brought marriage into the modern-day and gave protection to those forced to carry out sexual acts against their will.
Examples of tactics used by abusers
After the legalisation of same-sex marriages, these laws cover both male and female individuals in what is to all intents and purposes an abusive relationship. Just to make everything crystal clear, here are some examples of individuals who have been pressured into sex by their husband and then taken action in the courts to prosecute:-
Manipulated into sex
While this may not be a physical act of forcing someone to do something against their will, the use of coercive words is just as illegal as the physical type of abuse. For example suggesting the other party “does not love them”, “has no interest in sex” or to suggest that “everybody is doing it” as a means of manipulating them into sexual activity is illegal. This goes hand-in-hand with the fact that you can claim for physical and mental injuries with a successful prosecution.
Limiting an individual’s resistance
For many, it is unbelievable to even think that abusive partners may openly encourage their husband/wife to take drink/drugs as a means of limiting their resistance to sexual activity, but this happens. We have even seen cases come to court which involve the spiking of drinks as a means of reducing a partner’s resistance to unwanted advances. Again, if no consent is given then the other party should not be undertaking a sexual activity of any kind.
Guilt-tripping
Guilt-tripping and manipulation kind of go hand-in-hand but very often the guilt trip strategy is very much upfront and extremely forthright. As everyone should know, no means no and no amount of guilt-tripping or manipulation can change that. It can be difficult for those caught in this situation to hold their ground but if they feel under any duress to have sexual activity this is quite simply illegal.
As many people are now more confident in coming forward to report cases of sexual abuse within a marriage it is worth trying to gather evidence where possible and as soon as possible. In many cases, these tend to be behavioural patterns and not just one-off acts. That said, even a one-off scenario which is within the scope of any of the above situations can and should be prosecuted.
Common injuries from sexual abuse by a husband
The fact the courts view physical and mental injuries in the same light when claiming compensation has proven to be extremely helpful when it comes to sexual abuse by husband cases. There are a number of common injuries which form the basis of many prosecutions such as:-
- Bruising
- Broken bones
- Physical injuries
- Psychological trauma
While many people in an abusive marriage will do their utmost to keep up appearances this can take a monumental psychological toll. This could lead to significant time off work, breakdowns, alcohol dependence, drug-taking, sense of worthlessness and a general impression that the victim has given up on life.
Gathering evidence for a sexual abuse claim
The legal profession has a reputation for being relatively cold and looking at everything as black or white with nothing in between. The situation is slightly different with regards to sexual abuse compensation claims where the traditional three-year time limit to pursue compensation does not necessarily strictly apply. It may be many years down the line before an individual feels confident enough to pursue legal and civil action against a sexually abusive husband. Therefore, the courts may be more lenient with regards to the traditional three-year time limit in which to pursue a sexual abuse claim.
It is also worth noting that the degree of evidence required for a legal prosecution is much higher than that for civil prosecution. So, there may be cases where a legal prosecution has failed but a civil prosecution for compensation may still be successful. When putting together a case to prosecute sexual abuse the evidence tends to be of a different nature to more traditional personal injury claims. The type of evidence used in these cases will often include the likes of:-
- Witness statements
- Victim statements
- Police reports
- Medical examinations
- Psychological reports
- Photographic evidence
- Employment records
- Copies of electronic communication
- Taping of conversations
In isolation, some of the above evidence may not be sufficient to pursue sexual abuse claims but the cumulative impact of two or more can make a huge difference to a prosecution. Indeed, many sexual abusers will attempt to settle out of court if they feel that the evidence before them is too strong.
How much compensation for sexual abuse by husband?
When pursuing compensation for sexual abuse by your husband there are two specific types of compensation available. They are referred to as general damages which consist of compensation for injuries received such as:-
- Physical injuries
- Impact on everyday life
- Psychological torture leading to substance abuse
- Development of conditions such as anxiety
- Mental injuries
The level of compensation for general damages would be set by the court using guidance from previous cases.
The second type of compensation is known as special damages and is in practice reimbursement of monies spent/lost as a consequence of the abuse and includes:-
- Loss of earnings
- Cost of medical treatment
- Impact on career earnings
- Cost of recuperation
- Additional travel expenses
- Treatment for psychological issues
General damages are decided by the courts and special damages are presented by the prosecution showing monies spent and forecasts of lost income going forward. Again, it is worth noting that the courts see physical and mental injuries in the same light.
If you’ve been sexually abused by your husband and are contemplating starting a compensation claim, call us on 0800 652 1345 for expert and free advice from a solicitor.
