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How much historical sexual abuse compensation you could claim takes your physical and mental injuries into account, as well as any entitlement to special expenses and lost earnings. Our advisors and the solicitors on our panel understand that historical abuse claims can be distressing to claimants. They can work with you to help you understand your rights and get the support you need making a criminal injuries claim.
Key Takeaways
- Historical sexual abuse claims could be made via the Criminal Injuries Compensation Authority (CICA). The Ministry of Justice sponsors the organisation.
- The CICA administers the Criminal Injuries Compensation Scheme 2012 (the Scheme).
- Sexual abuse is defined under the Sexual Offences Act 2003.
- There is a 2 year time limit on CICA claims, unless exceptional circumstances apply.
- A criminal injury solicitor could help with your historical sexual abuse claim on a No Win No Fee basis.
Please reach out for help and support if you or a loved one have been impacted by any of the subjects discussed in this guide.
Jump To A Section
- Can I Make A Claim For Historical Sexual Abuse?
- How Much Historical Sexual Abuse Compensation Can I Get?
- Will Historic Sexual Abuse Compensation Cover Special Expenses?
- How Does The Time Limit Apply To Historic Sexual Abuse Claims?
- What Will I Need In Order To Claim For Past Sexual Abuse?
- Can A Solicitor Help Me To Claim Historical Sexual Abuse Compensation?
- Frequently Asked Questions
- Learn More
Can I Make A Claim For Historical Sexual Abuse?
Yes, you could make a compensation claim if you have been the victim of historical sexual abuse. Compensation may be sought from the party who abused you, against a third party (such as a school, or employer), or through the Criminal Injuries Compensation Authority (CICA).
Claims submitted through the CICA must meet strict rules on eligibility. These are,
- The claimant must have been the victim of a crime of violence. Annex E of the Scheme sets out examples of violent crimes, such as sexual violence and abuse.
- The incident must have occurred in Great Britain (England, Scotland, Wales) or another relevant place, including ships registered in GB.
- This crime must have been reported to the police. Your crime reference number must be submitted with the claim to the CICA.
- The claim must be filed within the applicable time limit. We explain how time limits work in a subsequent section.
Historical sexual abuse is also known as non-recent abuse. It refers to incidents of non-consensual sexual behaviour, contact, and violence which occurred a long time before being reported. This may amount to years, or in some instances, decades. Abuse may cause psychological or physical injuries and may even be carried out online.
Forms of historical abuse include those perpetrated on children by family members, and those in positions of authority, such as schools.
Can You Only Claim For Historical Sexual Abuse Through The CICA?
No, the CICA and Scheme are intended to act as the last resort avenue to claim compensation, meaning you should try to pursue claims against the perpetrator or any liable third party prior to bringing a CICA claim.
- Perpetrators. You could claim against the perpetrator where they are known and where they have the means to compensate a victim.
- Vicarious liability. You may also claim against parties such as an employer, school, social services, or care home.
The criteria to claim against a vicariously liable party are,
- The party must have had a duty of care towards you. For instance, schools have a duty to keep those under their care safe.
- This party breached their duty of care, failing to ensure your (or your loved ones) safety.
- This breach led to you or a loved one being abused.
Historical abuse claims made against a perpetrator or vicariously liable party may be made following the standard civil claim process, such as that for personal injury claims.
To see how much compensation for a civil claim you could be awarded, please visit our guide discussing compensation payouts here.
How Much Historical Sexual Abuse Compensation Can I Get?
How much historical sexual abuse compensation you can get may be based on the abuse and harm you suffered and is set by the Scheme. Historical abuse compensation awarded by the CICA is based on a fixed tariff system. This tariff is set by the Scheme. Where a claimant has sustained multiple forms of physical or mental injury, the multiple injuries formula may be applied. However, this formula only applies to injuries from the main tariff. If the incident caused a pregnancy, loss of a pregnancy or transmission of an STD, the multiple injury formula will not apply to these injuries.
A claimant may be awarded:
- The full value (100%) for the most serious injury listed in the main tariff.
- 30% of the tariff value for the next more serious injury.
- 15% of the tariff for the third most serious injury.
We have taken figures from the Scheme to create the following table. Please note that the first figure is the absolute maximum that the CICA will payout for an individual claim.
| Harm and Severity | Notes | Tariff |
|---|---|---|
| Multiple injuries, special expenses, and lost earnings. | Multiple forms of physical and/or mental harm. | Up to £500,000. |
| Sexual offences where the victim is a child - non-consensual penile penetration (of the mouth, anus, or vagina). | Serious internal injuries and permanent disabling mental illness. Severe mental illness. | £44,000.00 |
| Serious internal injuries and disabling mental illness. Moderate mental illness. | £33,000.00 | |
| Confirmed diagnosis of permanent, severe, disabling mental illness. | £27,000.00 | |
| Confirmed diagnosis of permanent and moderate disabling mental illness. | £22,000.00 | |
| Which causes serious internal injury. | £22,000.00 | |
| Repeated incidents over a period of 3 or more years. | £22,000 | |
| Repeated incidents over a period of fewer than 3 years. | £16,500.00 | |
| Sexual offences where the victim is a child. Sexual assault. | Sexual assault with one or more non penetrative/ genital acts and severe mental illness. | £27,000.00 |
| As above, but mental illness is moderate. | £22,000.00 |
Compensation for sexual abuse can include that for physical abuse and mental injuries. Please get in touch with an advisor for an assessment of when you could claim historical abuse compensation.
Will Historic Sexual Abuse Compensation Cover Special Expenses?
Historic sexual abuse compensation can cover special expenses, such as mobility aids and care costs not met by the NHS, as well as damaged and lost equipment. Any special expenses you claim for must be necessary, result directly from your injury, and be reasonable. They must not be services or items which you can obtain for free, such as through the NHS.
Examples of special expenses you may claim for,
- Equipment you relied upon, such as physical aids damaged in the incident.
- Equipment needed to help you cope with your injuries.
- Necessary adaptations to your home.
In addition to special expenses, you may also be compensated for lost earnings. There are specific eligibility requirements which any claim for loss of earnings must meet.
Please speak to an advisor about any questions you have regarding special expenses for historical abuse claims.
How Does The Time Limit Apply To Historic Sexual Abuse Claims?
The time limit for criminal injuries compensation is generally 2 years, running from the date of the incident. However, in certain cases (such as historic abuse claims) there may be exceptions to this. In order to claim outside of this, you must prove that there were exceptional circumstances which prevented you from making a claim at a prior date. One such exception may be where the victim was a child.
Time limits for claims involving children, include,
- Where you were below the age of 18 at the time of the incident and this was not reported to the police. You must show that there were exceptional circumstances preventing you from having done so. The time limit is 2 years from the date it is reported.
- Where you were under 18 at the time of the incident, it was reported to the police, but no claim was brought on your behalf. You have 2 years from your 18th birthday.
One of our advisors could provide further information on how long you have to file a criminal injury claim. Please contact us for help.
What Will I Need In Order To Claim For Past Sexual Abuse?
In order to claim for past sexual abuse you will need to have reported the incident(s) to the police, obtained a police crime reference number, proof that you meet all CICA requirements (such as those for residency), and have proof of your injuries.
The CICA requires the incident(s) to be reported to the police and a reference number to be obtained so that they may liaise with the police on your case and obtain further information from them as necessary.
You must also provide proof that any special expenses you intend to claim for meet the criteria of being necessary and reasonable. You should also submit proof of the expense, such as an invoice or receipt. Lost earnings may be proven using bank statements.
If your claim is made against the perpetrator or a vicariously liable party, you must provide evidence similar to that presented in personal injury claims. This could include witness contact details, CCTV or photographic records, and other documentation.
Learn more about child sexual abuse compensation claims by talking to a member of our team.
Can A Solicitor Help Me To Claim Historical Sexual Abuse Compensation?
A solicitor could help you claim historical sexual abuse compensation through the CICA on a No Win No Fee basis. By contacting us, you could be connected to a solicitor from our panel. This panel includes experts at providing legal guidance and practical support to claimants. One of the main benefits of claiming with a solicitor from our panel is their ability to offer you a Conditional Fee Agreement.
This enables you to have support through the claims process without paying solicitors’ fees before the claim starts, whilst underway, or if unsuccessful. If your claim is successful, your solicitor would then take a success fee from your compensation. This fee is calculated as a legally limited percentage of said compensation.
Further benefits can include,
- Being helped on a No Win No Fee basis.
- Guidance through the process of making a CICA claim.
- Ensuring that your claim is correctly filed and all relevant evidence and information is submitted.
Speak To Our Team Of Advisors
Speak to our team of advisors to be connected with a criminal injury solicitor.
- Phone us on 0333 000 0729.
- Speak to a member of our team live.
- Contact us here.
Frequently Asked Questions
Here we answer frequently asked questions about historical sexual abuse claims.
What Routes Are Available For Claiming Historical Sexual Abuse?
There are 3 possible routes available for claiming historical sexual abuse, these are,
- Directly against the perpetrator.
- Against a vicariously liable third party such as social services, as school, or other similar party.
- Through the Criminal Injuries Compensation Authority.
What Evidence Is Needed To Prove Historical Abuse?
Evidence needed to prove historical abuse can include,
- A police crime reference number proving it has been reported. You generally can not claim for sexual abuse not reported to the police.
- Proof you meet the CICA’s residency requirements.
- Medical evidence showing how you were harmed.
Is It Worth Reporting Historical Abuse?
Historical abuse must be reported in order for you to claim compensation via the CICA. Reporting the abuse also means the police can investigate the incident or incidents and that they may catch the perpetrator.
How Long Might A Historical Abuse Claim Take To Settle?
How long a historical abuse claim takes to settle depends on the complexity of the case, what evidence is needed or which may be found, and overall process. Claims could take several months or longer to complete. Those with clear evidence from the police may be resolved quicker, whilst those requiring more complex medical evidence may take longer.
Learn More
Learn more about historical abuse compensation claims in these resources.
- Find out more about domestic abuse claims here.
- Check if you could make a rape claim if no one has been convicted.
- See how to claim for sexual abuse by a teacher here.
References.
- The NHS provides help and support after sexual assault here.
- The Government also provides sexual abuse support in these resources.
- Report rape and sexual assault to the police.
Please contact us for help making a historical sexual abuse compensation claim.
