Can I claim compensation?

30th Jul 2018

I am a 53 year old female who was sexually and pysically abused along with my siblings by our step father in the 1970's.

It did get to court a few years ago however he had a heart attack and died before he could be sentenced.

I was informed that I would be unable to claim compensation as the abuser lived in the same property, however I have recently heard of a case were the victim has claimed this law affects her human rights.

Also the CPS failed to inform us when the sentence was due to take place, we only found out when the police officer dealing with our case was informed that our abuser had collapsed on the steps of the court.


CATEGORY: Personal Injury


2 answers
  • Cohen Cramer Limited

    Good Afternoon.

    You are right to say that there has recently been a decision with regards to the 'same roof rule' that prevented victims of abuse that lived in the same house as their abuser claiming an award from the Criminal Injuries Compensation Authority.

    There may still be issues with regards to the time limits within which an application needs to made as well as the possibility that, if you have already made an application that you are denied the right to make a further application for the same offence.

    The decision to ignore the same room rule will have a number of repercussions and advice can only be at a best guess as the response of the CICA.

    If you would like to chat through your options I can be reached on 0113 224 7804.


    Mike Massen - Cohen Cramer Solicitors (partner)




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    Cohen Cramer Limited

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  • Nelson Myatt Solicitors LLP

    I'm sorry to hear of your ordeal and the confusion over the claims process.

    There is a government scheme known as the Criminal Injuries Compensation Authority which compensates victims who have been injured as a result of criminla activity. Usually the time limit for bringing a claim is two years however in cases such as that you have described there is often some level of leniency. 

    You can instruct a solicitor to deal with this type of claim however as the CICA doesn't make a payment for legal fees you will find that firms usually need to take a % of your compensation at the end of a successful claim. You can however start and run the claim yourself which will enable you to recover the full compensation award.

    I have posted the link to the CICA below so that you can have a look at the process and the type of award you may receive if your claim was successful.

    If you need any further information, please do not hesitate to contact me for a confidential discussion.

    Katie Baker

    Nelson Myatt Solicitors

    01492 588200

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    Nelson Myatt Solicitors LLP

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