Could I Claim Compensation For Sexual Abuse Not Reported To The Police?

    By Olivia Rhunes. Last updated 18th March 2021. Welcome to our guide on how to claim compensation for sexual abuse not reported to the police.

    Are you a victim of sexual abuse that wasn’t reported to the police? Alternatively, have you recently been made aware that a child in your care was a victim of sexual abuse?

    We know how devastating sexual abuse of any kind can be. So, whether you are only just coming to terms with what’s happened or have only just realised that you could be able to claim compensation for your suffering, this guide could help you get the payout you deserve. If you’re wondering ‘can I claim for sexual abuse if it was not reported to the police?’, you’ve come to the right place for answers. 

    I Have Not Reported My Sexual Abuse To The Police, Could I Claim Compensation?

    This guide has been created to answer frequently asked questions regarding unreported abuse claims. Below, we provide information about how to go about reporting sexual abuse that happened some time ago, as well as talking through the claims process for those who may be unfamiliar with it. Whether you are claiming directly against the abuser, or through the Criminal Injuries Compensation Authority (CICA), we’ll offer you guidance and support with making a criminal injury or personal injury claim.

    If you would like advice tailored to your specific situation, or you are ready to begin a claim for sexual abuse, please do not hesitate to contact Legal Helpline on 0161 696 9685.

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    A Guide On If You Could Claim For Sexual Abuse Which Has Not Been Reported

    How to claim compensation for sexual abuse not reported to the police

    How to claim compensation for sexual abuse not reported to the police

    Can I claim for sexual abuse if it was not reported to the police? This could be a common question for sexual abuse victims who may not have reported the abuse they’ve suffered for a variety of reasons. In some cases, victims of child sexual abuse may not be aware that they were being abused at the time, while others may have been unable to process what has happened to them in order to be able to report it. While it is vital that sexual abuse is reported to the police if you intend to claim compensation for your injuries, you could still be able to claim compensation for sexual abuse not reported to the police if you’re ready to do so now.

    Depending on the situation you are in, you could be claiming on behalf of a child you’re responsible for who has told you about a previous sexual assault or incident of sexual abuse, or you could be claiming for your own experiences of historic abuse now you have reached adulthood. You may also be claiming against a variety of parties. These could include the organisation that employed the abuser, the abuser themselves, or you could be claiming through the Criminal Injuries Compensation Scheme. However you go about making a claim, you could get support from a personal injury lawyer who could help fight for compensation on your behalf.

    This guide has been written to help victims of unreported abuse or unreported assault understand their options with regards to claiming compensation for the injuries (both mental and physical) they’ve sustained as a result of sexual abuse or assault. We give guidance on the reporting of sexual abuse, as well as offering insights into the compensation that could be possible for certain injuries. In addition to this, we include information about claiming on behalf of someone else who has suffered sexual abuse and is unable to claim themselves.

    What Is The Definition Of Sexual Abuse?

    There are a variety of different acts that could be classed as sexual offences. According to the Sexual Offences Act 2003, these could include, but are not limited to:

    • Rape
    • Assault by penetration
    • Sexual assault
    • Causing sexual activity without consent
    • Child sex offences
    • Abuse of a position of trust
    • Familial child sex offences
    • Offences against those with a mental disorder
    • Inducements to those with mental disorders
    • Care worker abuse of those with mental disorders
    • Indecent photographs of children
    • Sexual exploitation of children
    • Prostitution

    All of these offences could cause harm to the victim. If you have suffered abuse and are wondering whether you could claim compensation for sexual abuse not reported to the police, beware that if abuse wasn’t reported to the police, there’s a chance you may not be able to claim. However, exceptions can be made in such cases in order to respect victims individual journies that may have prevented them from reporting their abuse previously. 

    Sexual Abuse And Consent

    One issue that has to be considered in sexual abuse cases is consent. Some people are considered unable to give consent legally. These include:

    • Those under 16.
    • Those who do not understand what is happening to them due to a mental disability or age.

    In some cases, there may be a lack of consent. According to the CPS, this could be due to:

    • The victim being threatened or forced into sexual activity.
    • The victim is prevented from giving consent by way of sleep, mental disability or age.
    • The victim is prevented from giving consent because they were affected by drugs or alcohol.

    If you believe that you experienced nonconsensual sexual activity when looking back at a previous incident, it may be the case that you were sexually abused under the eyes of the law. In this case, you may be able to report the sexual abuse and allow grounds for a claim to be made. 

    If you’re wondering whether you could claim compensation for sexual abuse not reported to the police, the statistics included in the next section may shed some light on some similar situations.

    Statistics – Rates Of Sexual Abuse In The UK

    If you’re wondering ‘how common is sexual assault?’, you may be surprised by the following statistics. Reports from 2019 by the Crime Survey for England and Wales suggested that approximately 7.5% of adults between the ages of 18 and 74 experienced sexual abuse before the legal age of consent (16). To put this figure in perspective, this amounts to around 3.1 million people. 

    • Perpetrators ranged from fellow children to adults
    • Approximately a third of the cases were perpetrated by strangers (30%)
    • Most of the cases were perpetrated by someone the victim knew (37%)

    Given their nature, it is not possible for us to access unreported sexual assault statistics, meaning we may never know the true extent of them. However, a survey conducted in 2012 gave an insight into just how staggering the rate of unreported abuse was.

    • Most women do not report their rape or sexual assault to the police (80%)
    • Many didn’t even tell anyone they know about what had happened to them (29%)

    To explain the reasons behind these high figures, the survey also enquired as to why victims were so reluctant to report their abuse.

    • Embarrassment was cited as the most common reason (58%)
    • Many victims doubted that they would be believed (45%)
    • Others thought the experience would be humiliating (28%)
    • Some didn’t think anyone would do anything about it (22%)

    A large reason for sexual abuse going widely unreported is the staggeringly low conviction rates in the UK. A research project into the link between attrition and rape found reported that less than 6% of cases resulted in a conviction.

    With these statistics in mind, it’s important that more victims speak out about sexual abuse once they’re ready. If you find yourself in this situation, there are some helpful contacts in the next section that you could get in touch with.

    Alternatively, if you’re interested in whether you could claim compensation for sexual abuse not reported to the police, you can speak to one of our specialist advisors anytime, any day. What’s more, you’ll receive free legal advice with no obligation to move forward with a claim if you’re not happy to.

    Source: https://www.independent.co.uk/news/uk/crime/unreported-rapes-the-silent-shame-7561636.html

    Reporting Your Sexual Abuse Or Assault

    If you’re considering whether you could claim compensation for sexual abuse not reported to the police, it’s important to highlight that you can’t claim unless such a report has been filed. In some cases, you may still be able to report your abuse, even if a significant amount of time has passed.  

    There are several avenues through which you could seek support, whether you want to report a rape or other incidents of sexual abuse. These could include:

    Reporting previously unreported abuse to the police can be done in a number of ways. You could call 101, report it online, or go to your local police station to file a report.

    Current And Historical Sexual Abuse CICA Claims

    If you aren’t looking to claim compensation from the abuser themselves, you may be wondering whether you could claim compensation for sexual abuse not reported to the police at all. Not to worry, though. If other routes to compensation are blocked, you could still claim compensation through the CICA. This is a Ministry of Justice-backed authority that administers a compensation scheme for victims of criminal injuries.

    You would have to report the abuse you’d suffered to the police if you intend to claim compensation. However, you could claim for recent previously unreported abuse, or historical unreported abuse if certain conditions were met.

    Do You Need A Crime Number For A CICA Claim?

    In order to claim compensation for sexual abuse not reported to the police, you would need to provide a crime number. If you do not have the PCN number for the crime, then you could call 101 and someone should be able to retrieve it for you.

    CICA Historical Sexual Abuse Claims

    If you’re looking to claim compensation for sexual abuse not reported to the police, the rules for historical sexual abuse could be considered quite complex.

    This is why using the services of a personal injury solicitor for such claims could be useful. For example, if you did not know about the CICA scheme before and the abuse occurred more than 2 years ago, which is the time limit that applies to most CICA claims, then you would not be able to claim. However, if you’re wondering “Can I claim for sexual abuse if it was not reported to the police initially, but now has been?” you could potentially have 2 years from the date of the report to make a claim.

    Injury Tariffs Under The CICA

    CICA tariff amounts for injuries sustained as a result of sexual abuse could differ from those that could be sought in a personal injury claim against an abuser, or whoever employed them.

    The Criminal Injuries Compensation Scheme Tariff 2012 sets out the rules for such claims. We have included details of payout amounts in a later section of this guide but it could be worth noting that if you suffered multiple injuries, you could see the amount you receive for each injury reduced. For example, the most serious of your injuries could be compensated at 100%, with the next being awarded at 30% and the third most serious being awarded at 15%.

    No One Has Been Convicted, Could I Still Make A CICA Claim?

    As mentioned above, you could claim compensation for sexual abuse not reported to the police through the CICA scheme. However, you would have to be able to prove you were injured as the result of a criminal act and you must have cooperated with the police to attempt to bring the perpetrator to justice, however.

    Could I Still Claim After The Normal Time Limit?

    Ideally, you’ll claim compensation for sexual abuse not reported to the police within the usual criminal injury claims time limit (2 years from the date of the incident) or personal injury claims time limit (3 years from the date of the incident).

    This way, the evidence is often easier to gather and your case could be simpler to process. However, you could still make a personal injury claim against the abuser or their employer, or a criminal injury claim through the CICA years later in exceptional circumstances. These could include instances where you were abused as a child and someone had not claimed for you before you turned 18, or where your mental or physical health had prevented you from reporting the abuse earlier. Please call our advisors in confidence to discuss your claim; we could then tell you whether you could still claim for previously unreported abuse.

    Compensation Calculator For Sexual Abuse Claims

    If you were thinking of taking the first steps to claim compensation for sexual abuse not reported to the police, something you might be concerned about is how much compensation could be awarded in your case. You may have consulted a personal injury claims calculator to get an idea, but the figures these calculators provide would only be rough estimates.

    Every criminal injury or personal injury claim is assessed on its own merits and the unique facts and circumstances of the case would need to be taken into account when calculating compensation. In addition, you would need to undergo a medical assessment with an independent expert who would review your medical notes, examine you and put together a report which detailed your injuries and your prognosis. This would be arranged as part of the claims process and the report the medical expert provides used to value your claim.

    We understand that some claimants may be frustrated by not knowing how much their claim could be worth, so we have provided some guideline compensation amounts in the tables you see below.

    The first table shows guideline payout brackets from the Judicial College Guidelines. This is a legal publication used by solicitors and the courts to value personal injury claims. The second table shows how much compensation could be achievable through the CICA.

    Injury typeNotesGuideline Amount
    Severe Psychiatric HarmThe injured party would have a really poor prognosis. They would be severely affected with regards to their ability to cope with life, in terms of education, social life and work.£51,460 - £108,620
    Moderately Severe Psychiatric HarmThe injured party would have a prognosis that was more positive than the bracket above. They would be significantly affected with regards to their ability to cope with life, in terms of education, social life and work.£17,900 - £51,460
    Moderate Psychiatric HarmThe injured party would have a better prognosis than the bracket above. They would be moderately affected with regards to their ability to cope with life, in terms of education, social life and work.£5,000 - £17,900
    Severe PTSDThe victim would not be able to function anywhere near the way they did before the trauma.£56,180 - £94,470

    Injury typeRemarksCompensation Level
    Sexual assaultNon-penetrative over clothing acts (minor)£1,000
    Sexual assaultNon-penetrative under clothing acts (serious)£2,000
    Penetrative/Oral-Genital sexual assaultsNon-penile£3,300
    Frequent, repetitive sexual assaults<3 years£6,600
    Frequent, repetitive sexual assaultsOver three years£8,200
    Frequent, repetitive sexual assaultsWith internal injuries£22,000
    Frequent, repetitive sexual assaultsWith mental injuries (moderate)£22,000
    Frequent, repetitive sexual assaultsWith mental injuries (severe)£27,000
    RapeBy a sole attacker£11,000
    RapeBy multiple attackers£13,500
    RapeWith serious internal injuries£22,000
    RapeWith mental injuries (moderate)£22,000
    RapeWith mental injuries (severe)£27,000
    RapeWith mental injuries (moderate) and serious internal injuries and£33,000

    Other Ways Victims Of Abuse May Be Compensated

    Financial expenses could also form part of a claim through the CICA as well as personal injury claims, but how much compensation you could receive for costs and financial losses would differ depending on whether you were making a CICA claim or one against another liable party.

    CICA Financial Expenses

    If you want to claim compensation for sexual abuse not reported to the police, the expenses you include would have to be appropriate and reasonable. If costs could be covered by the NHS, local authority or benefits system, the CICA would not pay them. This could be medication costs, for example, that you received free from the NHS. Reasonable expenses you could receive from the CICA could include:

    • Care costs
    • Physical aid/s
    • Earning losses (If you’ve been unable to work for over 28 weeks. This would be payable at the statutory sick pay rate)
    • Property damage

    Special damages from personal injury claims

    • Loss of earnings at your usual rate of pay
    • Care expenses
    • Medical costs, such as counselling
    • Travel costs

    Whether you’re making a personal injury claim or a claim through the CICA, it’s important to keep a record of all your expenditures related to your injuries. Without the likes of bills, receipts or bank statements, it will be difficult to evidence the expense or loss.

    Steps To Take Before Making A Personal Injury Claim

    Once again, if you want to claim compensation for sexual abuse not reported to the police, you could report it at a later date if something reasonable prevented you from doing so at the time. The abuse would have to be reported in order for you to make a claim.

    In addition to reporting historical sexual abuse to the police, there are other actions that you could take to assist with your claim. These could include:

    • Seeking medical help – If you see a doctor for help with injuries caused by sexual abuse, they could help you access services you may need to help you recover.
    • Writing down what has happened – If you make a note of the events surrounding the abuse, this could help you compile a statement that could be used by your lawyer to evidence what happened and how it affected you.
    • Getting witness details – If anyone was a witness to the abuse you suffered, then providing their details could not only help with criminal investigations, it could also help with your claim.
    • Seeking advice from Legal Helpline – Getting legal advice could be a wise decision, so you know exactly where you stand when it comes to making a claim.

    Let Legal Helpline Handle Your Claim

    If you are looking for support and guidance to claim compensation for sexual abuse not reported to the police, we could help.

    Not only could our specially-trained advisors offer a free, no-obligation case check to see if you could be eligible to make a claim, we could also answer any questions you have about your case. We could explain any legal terms without jargon, and if we think you have a valid claim, we could connect you with a personal injury solicitor who could help you claim through the CICA, or against the abuser or the person or organisation that employed the abuser.

    We believe that all victims of sexual abuse should be entitled to receive compensation for the injuries they’ve suffered, and we have successfully helped many claimants on their journey to compensation. Why not allow us to help you, too?

    No Win No Fee Claims For Unreported Sexual Abuse

    If you’re looking for a personal injury lawyer to help you claim compensation for sexual abuse not reported to the police, you might be concerned about how to pay for this service. You might be surprised and perhaps relieved to learn that you can make a claim without having to pay any fees upfront or during the claim, and if the case did not succeed, you would not have to pay any of the costs your solicitor has incurred in pursuing your case. This is known as a No Win No Fee claim. All of the solicitors on our panel can give you the opportunity to enter into a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA). 

    The CFA will confirm, as already mentioned, that there are no fees to pay upfront, during or at the end of the claim if it is unsuccessful. If the case does succeed, your solicitor may seek a small contribution toward their costs. This contribution is known as a success fee. Success fees are legally capped and will be set out in clear terms within the CFA. 

    If you have any questions about this method of claiming, we could answer them. We could also connect you with a lawyer from our panel that could take your case forward on this basis. Please do get in touch if you’d like our help.

    Contact Legal Helpline Today

    Getting in touch with the Legal Helpline is easy. Whether you’re looking for answers to questions about your claim or you’re ready to begin a claim, we can help.

    We’re ready and able to help you, so why not get in touch today?

    FAQ about how to claim compensation for sexual abuse not reported to the police

    Resources For Victims Of Abuse

    • Making A CICA Claim– If you are making a claim through the CICA, this resource may be of interest.
    • Sexual Assault Help – This page, on the NHS website offer help for those who have been sexually assaulted
    • Sexual Abuse – Making A Claim – Our general guide to sexual abuse claims can be found here.
    • MIND Website– You could find help with mental injuries caused by sexual assault on the MIND website.
    • Assault Claims – This guide, which covers assault claims, could also be useful to you.
    • Supportline– There are a variety of ways you can seek help after sexual abuse. Supportline is one such resource.

    Thanks for reading our guide on how to claim compensation for sexual abuse not reported to the police.

    Guide by JS

    Edited by REG