Rape And Sexual Assault Claim CICA

Sexual Assault & Rape Compensation Claim

If you have been sexually abused or raped, whether as an adult or as a child, it is important to remember that it wasn’t your fault. Sexual violence is a crime, no matter who commits it or where it happens. Don’t be afraid to get help.

We offer free initial advice for handling sexual assault claims, rape claims, sexual abuse or any sexual violence claim with CICA. We’ll also guide you through every step of the process to claim compensation from CICA.

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Criminal Injuries Compensation Solicitors

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What is rape & sexual assault?

All rape and sexual assault is serious. The terms rape and ‘sexual assault’ are used simply to differentiate between two types of offence. So what’s the difference?

The legal definition of rape is when a person intentionally penetrates another’s vagina, anus or mouth with a penis, without the other person’s consent. Assault by penetration is when a person penetrates another person’s vagina or anus with any part of the body other than a penis, or by using an object, without the person’s consent.

The overall definition of sexual or indecent assault is an act of physical, psychological and emotional violation in the form of a sexual act, inflicted on someone without their consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts.

Not all cases of sexual assault involve violence, cause physical injury or leave visible marks. Sexual assault can cause severe distress, emotional harm and injuries which can’t be seen – all of which can take a long time to recover from. This is why we use the term ‘assault’, and treat reports just as seriously as those of violent, physical attacks.

Rape can affect anybody – men, women or children. Whatever your circumstances, we are here to listen & help you in a sensitive manner and offer advice.

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Some examples of sexual abuse & assault injuries:

  • Unwanted touching over clothing or under clothing;

  • Actual or attempted non-consensual or unwanted vaginal, oral, or anal penetration by an object or body part;

  • Forcing or manipulating you into doing unwanted, painful or degrading acts during intercourse;

  • Taking advantage of you while you’re drunk or otherwise not likely to give consent;

  • Denying you contraception or protection against sexually transmitted diseases;

  • Any sexual physical act(s) resulting in internal bodily injuries;

  • Sexual abuse or assault resulting in permanently disabling mental illness confirmed by psychiatric prognosis;

  • Pattern of repetitive incidents (Whether by one or more attackers);

  • Sexually Transmitted infections, pregnancy, or loss of foetus.

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How much can the CICA award for sexual assault and sexual abuse claims?

Our sexual abuse calculator in the main menu will help you with estimating the potential compensation that may be paid in respect of your sexual abuse claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the abuse, period of suffering and whether any mental harm has been caused. Some common example award payouts are listed below relevant to sexual assault and sexual abuse claims:

  • Molestation above or under clothing: £1,500 – £2,000

  • Non penile penetrative acts: £3,300 – £8,200

  • Penile penetrative assaults single event or over a period (rape assaults): £11,000 – £22,000

  • Two or more isolated acts of non-penile penetrative oral contact: £4,400

  • Up to three years’ repetitive abuse: £6,600

  • Over three years’ abuse: £8,200

  • Single act of non-consensual penetrative sex (rape – vagina, anus or mouth): £11,000

  • Single act of non-consensual penetrative sex involving two or more attackers: £13,500

  • Repeated rape over three years: £16,500 to £22,000

  • Permanent physical and mental disability due to long-term abuse: £33,000 to £44,000

If you suffer from mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. This is the standard of evidence that the CICA (very unreasonably) require. The following awards are paid for such cases:

  • Post Traumatic Stress Disorder (PTSD) recovery likely: up to £13,500

  • Post Traumatic Stress Disorder (PTSD) condition likely to be lifelong: £22,000

  • Emotionally Unstable Personality Disorder (EUPD) : up to £22,000

  • Emotionally Unstable Personality Disorder (EUPD) generally deemed lifelong: £22,000

You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. You receive the higher award from the two categories.

What You Can Claim Compensation For:

Criminal Injuries Compensation Basic Eligibility Requirements:

You need to meet some basic requirements before you can claim compensation from CICA

  • Time Limit: There is a two-year time limit for making a CICA claim for compensation under the scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.

  • Connection Between Injury & Crime: The injuries you are claiming for must have been sustained as a direct result of a crime of violence and and you are a blameless victim.

  • Reporting the Crime: The crime must have been reported to the police as soon as is reasonably practicable and you do not drop the charges. The victim must have cooperated with the police investigation and prosecution. CICA does not consider whether an assailant is prosecuted or not.

  • Residency: To be eligible for compensation under the CICA scheme, the incident must have happened in England, Scotland or Wales and victim must have been resident in the UK at the time of the crime.

  • Behaviour of The Victim: The victim’s behavior must not have contributed to the injury. In certain circumstances, compensation may still be payable even if the victim’s behavior contributed to the injury, but this will be assessed by CICA on a case-by-case basis.

  • Criminal Convictions: In some cases, compensation may be reduced or refused if the victim has a unspent criminal record.

If you are considering making a compensation claim for your injuries, it’s always best to consult with a solicitor or the Criminal Injuries Compensation Authority (CICA) to check your eligibility to make a claim. You can call us or request a free callback for a free initial consultation. We take all CICA cases on a No Win, No Fee basis. This means you don’t need to pay us anything if we won’t able to secure any compensation.

How do you know if you are eligible to make a sexual assault or sexual abuse compensation claim with CICA?

In order to apply for compensation from the CICA following a rape or sexual assault incident, you need to meet the following eligibility criteria:

  • You must have reported the rape or sexual assault to the police and have crime reference number;
  • The police must be able to investigate thoroughly with your full cooperation;
  • You must submit your claim to the CICA within 2 years of going to the police*.

*It may be possible to claim after the deadline where the victim suffers from mental health problems or has an exceptional reason for any delay in submitting the claim.

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Calculate Your Claim Amount

You can use our simple CICA claim calculator to calculate the potential award amount.

How We Can Help With CICA Claim?

  • Providing Advice on Eligibility: We can help determine if you are eligible for compensation through the CICA scheme, based on the specific circumstances of your case and the other requirements of the scheme. We can help you recover compensation from £1,000 to £500,000.

  • Gathering & Presenting Evidence: We can help gather and present evidence to support your claim, including medical records, injury form, GP report and other forms & relevant documentation. We will fight to recover the compensation that you deserve & deal with matters on your behalf.

  • Completing the Application Form: We will complete the application form for CICA compensation on your behalf to ensure that it is completed correctly and submitted in a timely manner. We will handle everything on priority basis and keep it confidential.

  • Negotiating the Compensation Amount: We will negotiate with the CICA on your behalf to ensure that you receive the maximum amount of compensation available under the scheme. We will also advise you that the compensation award offered is appropriate or not.

  • No Win, No Fee: We will proceed with you claim on a No Win, No Fee basis. You don’t need to pay us anything if we won’t able to secure any compensation for you from CICA.

It’s important to note that while a solicitor is not required to make a claim for compensation through the CICA, many victims find it helpful to have legal representation to ensure that their rights are protected and that they receive the maximum amount of compensation available.

Frequently Asked Questions (FAQs)

What Constitutes as Sexual Abuse?

Sexual abuse refers to any non-consensual sexual act or behavior, including but not limited to:

  1. Rape: Forced sexual intercourse or penetration of any kind.
  2. Sexual Assault: Any unwanted sexual contact, including fondling, touching, or kissing.
  3. Child Sexual Abuse: Sexual acts or behavior involving a child, including fondling, exposure, and exploitation.
  4. Sexual Harassment: Unwanted sexual advances, comments, or physical contact.
  5. Sexual Exploitation: Taking advantage of someone for sexual purposes, including prostitution and human trafficking.
  6. Incest: Sexual abuse that occurs within a family, including sexual contact between siblings or between a parent and child.
  7. Sexual Discrimination: Treating someone differently based on their gender or sexual orientation, including denying someone employment or education opportunities because of their gender or sexual orientation.

Sexual abuse can have serious and long-lasting consequences for the victim, including physical injuries, emotional trauma, and psychological distress. If you have been a victim of sexual abuse, it is important to seek support from trusted friends, family members, or a professional organization that can help you with the healing process.

If someone makes a sexual advance to you that is unwanted than this is known as sexual abuse. If that person applies force then it becomes sexual assault.

There are different categories of sexual assault, these are:

Contact Abuse: This involves physical contact between the abuser and the victim. This can include the unwanted sexual touch of somebody’s body, even if they are fully dressed.

  • Penetration or rape which is the act of putting a sex organ or other object in another person’s vagina, anus or mouth.
  • Using force to make another person take part in a sex act.
  • Forcing someone to undress.

Non Contact Abuse: This does not require any physical touching to take place but does include the exploitation or grooming of a person. Non contact abuse can include

  • Insisting that an individual listens to, or observes sexual acts.
  • Insisting that an individual views pornography.

Don’t forget that sexual assault and sexual abuse do not discriminate between ages or genders, it can happen to anybody. The majority of victims are females and minors but men who have been victims of abuse are equally entitled to claim compensation. That compensation can be payable for both psychological and physical injury.

Who Can Claim Sexual Abuse Compensation From CICA?

Victims of sexual abuse in England, Scotland, or Wales may be eligible to claim compensation from the Criminal Injuries Compensation Authority (CICA) if they meet the following criteria:

If you have been the victim of sexual abuse or sexual assault as a child or as an adult you can claim compensation through a government funded scheme. The scheme is managed by a body called the CICA. In order to apply you need to meet the following eligibility criteria:

  • You must have reported the child abuse or sexual assault crimes to the police. This included non-recent abuse cases.
  • The police must be able to investigate thoroughly with your full cooperation.
  • You must submit your claim (*in most cases) within 2 years reporting to the police.
  • You must be a resident of the UK, a national of the European Economic Area (EEA), or have leave to remain in the UK.

*It is possible to claim after the deadline in some cases where the assault victim suffers mental health problems or has an exceptional reason for any delay in submitting the claim.

It is important to note that compensation from the CICA is not intended to replace a criminal conviction for the abuser, but rather to provide financial support to the victim as they recover from their injury.

What is The Time Limit to Submit Sexual Abuse Claims to CICA?

All CICA compensation claims are subject to a time limit. This is around two years from when the assault happened or from when you reported the assault to the police. For child sexual abuse case you can also file a claim after 2 year of your 18th Birthday. However, because many people find it difficult to talk about this sensitive issue at the time of the attack, exceptions can be made and the limit can be extended to 10 or even 20 years later for historical abuse claims depending on the facts of the case.

We can advise you on how your claim can still be successfully made despite being late. We have managed to win cases that were delayed by 10-20 years or more. The key issue is the reason for the delay and whether health problems have contributed. It is not sufficient to simply argue that you did not know about the scheme or the rule which may have led to a delayed claim. That explanation will not meet the exceptional reason criteria for a late claim being admitted.

How Does CICA Award Compensation For Sexual Abuse Cases?

The Criminal Injuries Compensation Authority (CICA) may award compensation to victims of sexual abuse who have suffered physical or psychological harm as a result of the abuse. The amount of compensation awarded will depend on the specific circumstances of the case, including the severity and impact of the harm suffered.

In sexual abuse cases, the CICA will typically consider a number of factors when determining the amount of compensation to award, including:

  1. The nature and extent of the abuse: This includes the type of abuse, how often it occurred, and how long it lasted.
  2. The impact of the abuse: This includes any physical or psychological harm suffered as a result of the abuse, such as injuries, trauma, or post-traumatic stress disorder (PTSD).
  3. The age of the victim at the time of the abuse: The CICA may take into account the victim’s age at the time of the abuse when determining the amount of compensation to award.
  4. Any financial losses suffered as a result of the abuse: This can include lost earnings or medical expenses incurred as a result of the abuse.

How much can the CICA award for sexual assault and sexual abuse claims?

Our sexual abuse calculator in the main menu will help you with estimating the potential compensation that may be paid in respect of your sexual abuse claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the abuse, period of suffering and whether any mental harm has been caused. Some common example award payouts are listed below relevant to sexual assault and sexual abuse claims:

  • Molestation above or under clothing: £1,500 – £2,000

  • Non penile penetrative acts: £3,300 – £8,200

  • Penile penetrative assaults single event or over a period (rape assaults): £11,000 – £22,000

  • Two or more isolated acts of non-penile penetrative oral contact: £4,400

  • Up to three years’ repetitive abuse: £6,600

  • Over three years’ abuse: £8,200

  • Single act of non-consensual penetrative sex (rape – vagina, anus or mouth): £11,000

  • Single act of non-consensual penetrative sex involving two or more attackers: £13,500

  • Repeated rape over three years: £16,500 to £22,000

  • Permanent physical and mental disability due to long-term abuse: £33,000 to £44,000

If you suffer from mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. This is the standard of evidence that the CICA (very unreasonably) require. The following awards are paid for such cases:

  • Post Traumatic Stress Disorder (PTSD) recovery likely: up to £13,500

  • Post Traumatic Stress Disorder (PTSD) condition likely to be lifelong: £22,000

  • Emotionally Unstable Personality Disorder (EUPD) : up to £22,000

  • Emotionally Unstable Personality Disorder (EUPD) generally deemed lifelong: £22,000

You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. You receive the higher award from the two categories.

What Can Be Claimed For in Sexual Abuse Claims?

There are a number of things that will be taken into account in the sexual abuse cases to establish how much compensation you will receive. These include:

  • Damages to cover the sexual assault as well as the emotional, mental and psychological distress you are sure to be feeling.
  • Expenses for medical treatment including surgery, equipment, medication or health care from a private provider.
  • Expenses for travel. You may have needed to travel some distance to see a medical professional with a particular area of expertise.
  • Loss of earnings whilst recovering. If you were unable to work whilst you were recuperating then you may be able to receive reimbursement for your loss of earnings during this time.
  • If you required a carer to help in your home then you can recoup the costs for this. Many people who have been sexually abused require assistance following the incident.

Don’t forget to keep as much information and evidence as you can in order to claim back the maximum amount of expenses when you file your claim.

What is No Win, No Fee? – Can I Really Start a Claim For Free?

Yes, you can. We have a no win, no fee policy also known as a Contingency Fee Agreement (CFA) which means that we will not take a penny from you unless you win your settlement.

We understand that paying fees would just add to your worries in an already difficult situation. When we work for clients to claim compensation for victims of abuse we protect their financial security by agreeing that the amount payable for our work will be taken out of the final compensation payout, and not before. If for any reason your claim is unsuccessful, we will not require you to pay anything.

How Long Do CICA Claims For Sexual Abuse Take?

The length of time it takes to process a Criminal Injuries Compensation Authority (CICA) claim for sexual abuse can vary depending on a number of factors, such as the complexity of the case and the amount of evidence required to support the claim.

In general, CICA claims can take several months to process, with some cases taking longer than a year to reach a decision. However, sexual abuse cases can be particularly complex and may require additional time to investigate and assess the evidence. This is because sexual abuse cases often involve sensitive and traumatic issues, and may require input from a range of experts, such as medical professionals and psychologists.

Most sexual abuse claims settle within 6-12 months. However, when you submit an sexual abuse case to the CICA you will be given two options regarding the method of how the claim is assessed. This directly affects how long a claim can take to reach a settlement. The CICA ask you to choose whether you wish to settle any eligible case using the police evidence only or the police evidence along with medical evidence. If you have no severe mental health complications then a “police evidence only” option might suit you. This might lead to a settlement within 3 months after receiving police report.

It is strongly recommended you only choose the quicker route if you do not wish to claim for a medical related problem and have no loss of earnings to consider. If you settle the claim without exploring medical evidence you may receive a much lower award than you are entitled to.

What Happens When You Report a Sexual Abuse Case to The Police?

One of the most difficult moments for any survivor of abuse comes when they make the difficult decision to report the crimes to the police. The fear of an uncertain outcome, a scary court process but also disclosure of the abuse itself along with naming the abuser can all be overwhelming. The police however are very well equipped to handle such investigations and modern methods of investigating sexual crimes have made the process much easier to bear.

The police will want to interview all relevant parties and witnesses. The witness statement from the “complainant” will usually be in video form once the initial disclosure has taken place. The offender may also be interviewed under caution on video. Additional evidence will be considered such as medical records, phone based media evidence and any witnesses spoken to. The matter will in due course be considered for a referral to the Crown Prosecution Service (CPS) in England & Wales or the The Crown Office and Procurator Fiscal Service (COPFS) in Scotland for the decision to be made on a possible prosecution. If the case is to proceed a trial date or window will then be set. The process can take anywhere from 1-2 years. More complex cases involving multiple victims may take longer.

What Type of Evidence Required to Make a Successful CICA Sexual Abuse Claim?

The CICA will always obtain evidence from the police to substantiate the allegations made against the offender. They must establish on the balance of probability that the events occurred and that criminal intent or wrongdoing was accepted by the police. Further evidence will then be required in most cases from an applicants GP or hospital (mental health department for example) to show the level of any injury caused. You do not need to show signs of a mental injury or disorder to claim an abuse award. The fact that the acts were perpetrated and abuse has been established is sufficient to receive an award. It is important that medical evidence is explored fully if you have a serious condition such as Post Traumatic Stress Disorder (PTSD) or a personality disorder. This may help support a higher compensation award and possibly a loss of earnings payment.

How Much Can The CICA Award For Sexual Abuse and Sexual Assault Claims?

Our calculator tool in main menu or below will help you with estimating the potential compensation that may be paid in respect of your claim. However be aware that figures do vary considerably depending upon the nature (severity) of the abuse, period of suffering and whether any mental harm has been caused. Some common example award payouts are listed below relevant to the acts or abuse perpetrated:

  • Molestation above clothing: £1,500 – £2,000
  • Non penile penetrative acts: £3,300 – £8,200
  • Penile penetrative assaults single event or over a period (rape assaults): £11,000 – £22,000

If you suffer with mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. This is the standard of evidence that the CICA (very unreasonably) require. The following awards are paid for such cases:

  • Post Traumatic Stress Disorder (PTSD) recovery likely: up to £13,500
  • Post Traumatic Stress Disorder (PTSD) condition likely to be lifelong: £22,000
  • Emotionally Unstable Personality Disorder (EUPD) – up to £22,000
  • Emotionally Unstable Personality Disorder (EUPD) generally deemed lifelong: £22,000

You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. You receive the higher award from the two categories.

What You Should Do Once The Abuse or Assault Has Been Reported To The Police?

It is essential that you co-operate with the police and help with the ongoing investigations in every possible way. This could include but not limited to make a formal statement and in some circumstances attending the court. In some cases, it can be extremely difficult to recall and talk about the abuse or assault but the more details you can provide will generally help your case and aid in making a criminal injuries compensation claim.

If you refuse to make a statement or withdraw your statement then criminal injuries compensation authority (CICA) are unlikely to award you any compensation, as they require that you are the blameless victim of the crime and you fully co-operated with the Police. If you do not fulfill these criteria then CICA usually refuses to compensate for any criminal injury even if you have been seriously assaulted.

Can I Make a Compensation Claim if Nobody Has Been Convicted of The Crime?

Yes, it is possible to make a compensation claim through the Criminal Injuries Compensation Authority (CICA) even if nobody has been convicted of the crime that caused your injury. The CICA scheme is designed to provide compensation to innocent victims of violent crime, regardless of whether or not the perpetrator has been caught or convicted.

To make a claim, you will need to meet certain eligibility criteria, such as reporting the crime to the police as soon as possible, cooperating with the police and other relevant authorities, and submitting your application to the CICA within a certain timeframe. The specific criteria may vary depending on the circumstances of your case

CICA will also make a full investigation of the facts of your case. There are many occasions when it is not possible to identify the person who has assaulted you. You might have suffered memory loss due to the trauma of the attack, the assailant may have had their face covered or have even fled the country.

I’m Nervous About Applying For Compensation, Can You Allay My Concerns?

Many victims are rightly nervous about seeking compensation. They may have family concerns, as the family does not want to speak or be reminded of this dark episode in their past. They may feel worried about speaking to the police, or worried this will bring back all those memories they have tried to forget for years. Having listened for years to victims concerns, out team can share with you their experiences and help guide you through this difficult time.

I Have an Unspent Conviction or Convictions, Can I Still Make a CICA Claim?

Whilst in the past it was quite likely that those with an unspent conviction or convictions would still be able to make a claim, with compensation awarded at a reduced rate, today that is mostly not the case. Under current legislation, the CICA is unlikely to award any form of damages to a claimant who still has a conviction which is unspent. This is the case if the conviction resulted in a custodial sentence or orders for probation, community, or youth rehabilitation. In most cases, a conviction will have an attached period of rehabilitation, meaning that they stay unspent during this time. For instance, community orders may have a one year period for rehabilitation after. This will delay you from being able to make a claim.

To find out if you are able to make a criminal injury claim with your criminal record, please consult our team for advice specific to you.

We are here to help!

If you, a friend or a family member has suffered physical or psychological injuries as a result of a violent crime, it may be possible to apply to the CICA for compensation.

“The Criminal Injuries Compensation Authority (CICA), is a government organisation which provides compensation for victims of violent crime in England, Wales, and Scotland. We represent victims of violent crime to get compensation from CICA.”

“No Win, No Fee”

Criminal Injuries Compensation Solicitors

By submitting my data I agree to process my data as per privacy policy.