No Win, No FeeIt is a horrible fact that many sexual abuse victims suffer at the hands of a family member. The betrayal and fear caused by trusted family members in such cases are unfathomable and can cause lifelong suffering. We understand that being awarded damages for your suffering won’t resolve matters in any way but a government scheme does exist that could help in some way. As such, we’ve written this article on sexually abused by a family member compensation claims to show how the process works.
Our specially trained advisors can help you to begin the claims process by offering free help and legal advice about how to proceed. They’ll review everything with you at a pace you’re happy to work out to check if you could be entitled to compensation. If we believe you are, a solicitor on our panel could manage the whole process for you on a No Win, No Fee basis. That means you’ll know that you won’t have to pay any legal fees unless you receive a compensation payment.
If you’ve been sexually abused by a family member and are thinking of claiming compensation, please call us on 0800 652 1345. Alternatively, you can find out more about how the process works if you continue reading.
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.
What is sexual abuse by a family member?
It’s important to point out that sexual abuse is a crime according to the Sexual Offences Act 2003. That is true whether you’ve been abused by your mother, father, grandparent, sibling, uncle, aunt or any other member of your family.
It’s also important to note that a compensation claim for sexual abuse by a family member can be made by adults as well as children for crimes that have happened recently as well as historically.
The list below gives some examples of sexual abuse by a family member that could lead to a compensation claim:
- Sexual assault including groping, unwanted touching or forced kissing.
- Rape.
- Forcing sexual activity without consent.
- Sexual torture.
- Grooming.
- Being forced to watch or take part in pornography.
- Assault by penetration.
- Exposure.
- Voyeurism.
- Sexual exploitation and trafficking.
Other forms of sexual abuse that are covered by the law include degrading treatment, psychological sexual abuse, verbal sexual abuse and forcing somebody to have sex with another person.
Each of the crimes listed above is defined in more detail by the Sexual Offences Act and there are separate sections for sexual crimes against family members and children. Importantly, any form of sexual abuse by a family member could entitle you to be compensated for the suffering you’ve endured.
How to get help following sexual abuse by a family member
If you have been sexually abused by a family member and would like support, there are lots of services available to support you. Many of them are confidential and offer 24-hour support.
If you’re a child and you need help, you can call 999 to speak to the police or Childline’s 24-hour service on 0800 11 11.
Other forms of support are available including services provided by:
- Sexual health clinics (including some in A&E departments).
- The police (999 for emergencies or 101).
- Your local GP surgery.
- The Rape Crisis helpline – 0808 500 222.
- The National Domestic Abuse Helpline – 0808 2000 247.
If you want the police to investigate what happened, you’ll need to report the incident. For crimes that have happened recently, it’s a good idea to do this as soon as possible to try and secure any forensic evidence.
Compensation following sexual abuse by a family member
In some cases, you may be able to sue the family member who sexually abused you by making a civil compensation claim. However, many criminals don’t have the means to pay compensation to their victims.
An alternative route is to lodge a claim with the Criminal Injuries Compensation Authority (CICA). The CICA scheme is funded by the government and designed to pay damages to those injured by a crime.
Whether you wish to file a civil claim or to make a CICA sexual abuse claim, a solicitor on our panel help. Call us today and we’ll check your options for free.
Can I claim compensation for sexual abuse by a family member?
The CICA scheme has a set of criteria that must be met before you’ll receive any compensation. Some are different to the criteria for personal injury claims you may have read about. For clarity, to claim compensation for sexual abuse through the CICA scheme, you must have
- Been sexually abused by a family member; and
- Sustained physical or psychological injuries; and
- Reported the crime to the police.
Also, you must have been abused in Great Britain to be entitled to claim through the CICA scheme.
Time limits for sexual abuse by family member claims
The CICA scheme states that there is a 2-year time limit for claims. In many cases, the limitation period will begin from the date of the crime. However, if there are exceptional circumstances, this might be extended.
This may be true if you were a child when you were abused or if the harm caused by your abuse meant that you weren’t able to talk about what happened until later on in life.
In either case, the time limit for claiming might be allowed to start from the date you reported the sexual abuse to the police. If you’re unsure whether you’ll be allowed to file a claim through the CICA, please get in touch for free advice.
When can I claim compensation?
We suggest that you seek legal advice about your claim as soon as possible rather than waiting for the outcome of a police investigation. That’s because CICA claims can be made without a criminal conviction.
While criminal trials are based on the ‘beyond reasonable doubt’ principle, CICA claims are not. When assessing sexual abuse claims, CICA officers review the evidence on the ‘balance of probabilities’. That means that you could be compensated for sexual abuse by a family member even if they’ve not been charged, tried or sent to prison.
The CICA may need additional information from you during the claims process and it is a requirement of all claims that you fully cooperate with their assessors. So that you don’t need to answer any complex questions, your solicitor will always try to communicate with the CICA on your behalf.
How much compensation for sexual abuse by a family member can I claim?
It is not possible to say exactly how much compensation for sexual abuse by a family member you might be awarded as each claim is different. If the CICA officer authorises your claim, the next step is to determine the amount of compensation you’ll be paid.
To do this, your injuries will be valued using the CICA tariff of injuries. Once that’s happened you’ll be awarded 100% of the tariff for the most serious injury, 30% for the second and 15% for the third.
The tariff of injuries covers both physical and mental injuries caused by sexual abuse.
The types of psychiatric harm that could be covered by your claim include:
- Depression
- Distress and anxiety.
- Post-Traumatic Stress Disorder (PTSD).
- Flashbacks.
- Sleep disorders.
- Panic attacks.
To clarify the extent of your suffering, a medical report will be needed. This will be conducted by an independent doctor or psychiatrist depending on the nature of your claim. They’ll spend some time with you and ask questions about how you’ve been affected by your injuries.
The specialist will then send a report to your solicitor that lists all of your injuries and your future prognosis.
Other compensation you could claim
As well as claiming for your injuries, you could ask CICA to pay for any financial losses you’ve incurred as a result of sexual abuse by a family member. One of the largest losses might be a loss of earnings.
You’ll need to prove how much income you’ve lost because you couldn’t work by providing pay slips, bank statements and other records. However, the CICA will only pay any losses from the 29th week after the start date of your claim i.e. you cannot claim back the first 28 weeks.
Other costs you may wish to claim back are referred to as special expenses. CICA can pay special expenses in sexual abuse claims if they are:
- Necessary and directly linked to your injuries; and
- Reasonable; and
- Not covered by other services including the benefits system or the NHS.
Special expenses differ from loss of earnings as they can be awarded for the whole duration of the claim rather than from week 28.
Examples of special expenses that could be awarded include:
- Costs arising from treatment by the NHS or other healthcare providers.
- The cost of a carer for some bodily functions (washing for example).
- Equipment to improve mobility such as walking frames, sticks or wheelchairs.
- Home adaptations such as ramps, lifts or handrails if they’ll improve your quality of life.
If you would like to know what you could claim following sexual abuse by a family member, please contact one of our friendly advisors today.
How long will it take to be compensated?
The CICA states that it tries to process all claims within 12 months. While this can be possible in some cases, other claims can take longer. The reason for delays can be waiting to receive medical or police reports to corroborate your claim.
As the CICA aims to cover all of the suffering you’ve already endured as well as any in the future, there can be a delay while trying to fully understand your prognosis.
If your claim is approved, you’ll receive a compensation offer from the CICA. If this is agreed by you, it’ll be paid out within 20 working days.
No Win, No Fee claims
We strongly believe that the chances of winning any type of compensation claim increase if you have legal representation. For that reason, any sexually abused by a family member claims handled by solicitors on our panel will be processed on a No Win, No Fee basis.
That means that they could handle most of the claims process for you and you’d only pay their legal fees if you’re awarded compensation.
At the start of the claim, your solicitor will send you a Conditional Fee Agreement (CFA) if they agree to work with you. Once you’ve signed the CFA, your solicitor will:
- Request copies of proof that may support your claim.
- Arrange for an independent medical assessment.
- Send the claim to the CICA.
- Communicate with the CICA on your behalf to reduce your level of interaction with them.
- Provide any information requested by the CICA quickly to try and make the claims process as efficient as possible.
- Provide you with regular updates about the progress of your claim.
If the claim doesn’t work out in your favour, you won’t be asked to pay any legal fees. Where compensation is awarded, you’ll pay a success fee to cover your lawyer’s work. This fee is capped legally at 25% of your settlement amount. So that you’re aware of what you’ll pay, the success fee will be clearly listed within the CFA.
To check if you could claim for sexual abuse by a family member on a No Win, No Fee basis, please call today.
Start a sexual abuse by family member compensation claim today
We’re here to help if you’ve decided to take action for your suffering. By calling us on 0800 652 1345, you’ll be offered free legal advice during a no-obligation consultation about your claim.
If the prospect of winning compensation is high enough and one of our solicitors agrees to work on your behalf, they’ll represent you on a No Win, No Fee basis. That should ease some of the stress associated with claiming.
Please use our online chat service or call us if you have any further questions about sexually abused by a family member compensation claims.
