Claiming Compensation for Sexual Abuse

When a person is a victim of a crime, UK law recognises that they should be compensated for damages and losses. Claims for compensation following a sexual abuse case may cover physical injuries as well as psychological. A specialist solicitor will help you to determine whether you have a strong case to claim compensation as the victim of sexual abuse as well as offer advice on how to claim and how much you can expect to receive.

The following guide offers more information on compensation for sexual abuse claims, including eligibility to make a claim, whether a court appearance will be necessary and where compensation will be paid from.

Will I only be able to claim compensation if a criminal prosecution has been made against the perpetrator?

There is no legal requirement for a criminal prosecution to have been made in order for a civil claim to be processed. A claim for compensation following a sexual abuse attack can be made alongside criminal proceedings or even in cases where no prosecution is successful. Claimants may also claim compensation if the sexual abuse was not proven.

In a criminal prosecution, compensation payments would only be made once the crime was proved ‘beyond reasonable doubt'. But in a civil case, the court only needs to be satisfied that the crime was committed. That is to say that in cases where there is no jury, it is simply the court that must agree that a person was the victim of sexual abuse.

This means that it is very difficult for a civil claim to be defended if the accused was found guilty in a criminal court. However, if the accused was acquitted in a criminal court, a civil claim may still successfully be made, and so the victim may still be able to achieve the compensation they are owed.

Who can a civil compensation claim be made against?

A claim for compensation can be made against the alleged perpetrator of the sexual abuse or against the organisation that is considered to be vicariously liable for the abuse. For example, a claim might be made against a school that is responsible for the behaviour of their staff if one of the staff members is accused of the abuse. For an organisation to be held accountable, specific circumstances will have to be proved, and your solicitor will discuss the likelihood of success in your case.

Will a court hearing be necessary in order for a compensation claim to be successful?

Wherever possible, your solicitor will strive to reach a compensation settlement out of court as this will save time, costs and stress. This is achieved by your solicitor negotiating a settlement with the legal representative of the person or organisation that is responsible for the abuse. If it is not possible for an acceptable settlement figure to be reached, it may be necessary for the civil courts to make a decision. If this is necessary, you may be entitled to apply for anonymity for the hearing.

What can be claimed for in a compensation claim following sexual abuse?

There are a number of losses and damages that you may suffer if you are the victim of sexual abuse and your solicitor will seek to obtain compensation for all of them. This will include damages such as:

• Physical injuries
• Psychological damage
• Inability to live in the same way as you did before the abuse (referred to as ‘loss of amenity')
• Any damage to possessions
• Recovery of costs associated with treatment, recovery or matters connected to your case

The amount that is awarded for general damages will be determined by previous case law (the amounts paid to victims in cases similar to yours) as well as by Judicial Guidelines.

In cases where the victim of the sexual abuse was a child (any person who was too young to consent to the act) compensation can be claimed without the need to prove that an injury was sustained. The claim can be made by the child themselves at the age of 18 if it has not been done beforehand.

How much compensation will I receive?

The amount of compensation that is paid to you will depend upon the level of loss and injuries that you have suffered as a result of the sexual abuse. Your solicitor will help you to manage your expectations by reviewing your case fully and helping to determine how much compensation you are likely to receive. Many sexual abuse victims receive several thousand pounds as a settlement award.

Do I need to meet any time limits for making a compensation claim after suffering from sexual abuse?

A claim for compensation following sexual abuse should be initiated within three years from the time of the abuse. If the abuse was not apparent until a later date, for example because the victim was a child, the claim should be made within three years from the date of knowledge of the abuse. A court can choose to extend this time limit in some instances as the law recognises that some people need longer to process abuse and because emotional distress can cause delays in a victim's ability to consider a claim.

Can compensation for sexual abuse be claimed in any other way?

Victims may also make a claim to the Criminal Injuries Compensation Authority (CICA) for compensation after suffering from sexual abuse. CICA is a government funded scheme that was set up to compensate victims of crime, and their settlements are based on a tariff that issues sums based on injuries sustained. The settlement awards that are paid by CICA are one off payments and will not consider potential future losses or special damage awards.