Paedophile Sexual Abuse Claims Guide – How To Make A Compensation Claim Against A Paedophile Who Sexually Abused You

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    By Olivia Bradshaw. Last updated 15th March 2021. Welcome to our guide to making paedophile sexual abuse claims.

    At Legal Helpline, we have dealt with many cases of various natures. Claims involving paedophilia are some of the most heinous we have ever had to deal with. However, we are here to help. If you or a child you are responsible for has been sexually abused by a paedophile, you may be looking for information on whether you could claim compensation for injuries suffered as a result.

    Sexual abuse claims against a paedophile can be complicated, as you may not be able to claim against the paedophile themselves. What’s more, you may have to claim from liable parties that, for instance, employed the paedophile or through the Criminal Injuries Compensation Authority. This guide explains the different ways in which you could make a claim for sexual abuse against children and offers insights into the compensation you could receive as a result.

    If you believe you could have grounds to make paedophile sexual abuse claims, please do not hesitate to get in touch for case-specific advice and support. You can reach us on 0161 696 9685. We will be happy to help you and we charge no fee for our advice.

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    A Guide On Making A Sexual Abuse Claim Against A Paedophile

    Paedophile sexual abuse claims

    Paedophile sexual abuse claims

    Sexual abuse against a child is a crime and one that should be punished. If you’ve fallen victim to this type of crime, please know that it wasn’t your fault.

    However, the punishment of a paedophile may not help the victim, as they may have suffered physical or mental injuries that could last long after the abuse has stopped.

    Whether you were sexually abused by a paedophile as a child or you’re responsible for a child that you have learned was sexually abused, you may be interested to learn more about making paedophile sexual abuse claims. This guide has been created to provide support and guidance to victims of child sexual abuse and those who may be responsible for them.

    Below, you can read about the definitions of abuse, as well as issues surrounding consent. We also offer information relating to the different types of abuse claims that can be made by a victim of abuse, as well as how adults could help children claim compensation for injuries sustained due to abuse.

    What Is Childhood Sexual Abuse?

    Childhood sexual abuse is where a child is abused for the sexual gratification of another person. This could involve contact abuse, such as rape, or non-contact abuse, such as taking photographs of a child for purposes of sexual gratification.

    Whether a child was abused by a person in a position of trust, such as a foster carer or guardian, or by someone the child does not know, it is a crime and could be punishable by law. In the Sexual Offences Act 2003, 4 sections cover types of sexual offences where, if consent was not given or was not legal, it would be a criminal act to have performed such acts. These include:

    • Assault by penetration
    • Rape
    • Causing someone to participate in sexual activity
    • Sexual assault

    There are certain crimes where lack of consent would not have to be evidenced. These include, but are not limited to:

    • The rape of a person under 13
    • Penetrative assault of a person under 13
    • Sexual assault of a person under 13
    • Child sexual offences concerning people under 16 years of age
    • Children under the age of 18 having sexual relations with a person in a position of trust
    • Children under the age of 18 having sexual relations with a family member aged 18+

    Victims of child sexual abuse may suffer harm that is long-lasting and could affect many areas of their life. As blameless victims of such heinous crimes, they should be entitled to compensation for such harm. For advice on making paedophile sexual abuse claims, please read on.

    Child Sexual Abuse Statistics

    In England and Wales, around 7.5% of adults are thought to have experienced sexual abuse before age 16. This amounts to around 3.1 million people. Some more statistics from 2019 include:

    • Most instances were perpetrated by someone the victim knows (37%) with only a third of victims abused by a stranger (30%).
    • Police recorded over 73,260 child sexual abuse cases.
    • Childline reported that the most common type of abuse they provided counselling for was child sexual abuse.

    The statistics also showed that the majority of recorded victims did not report their abuse to anyone at the time of their suffering, citing ’embarrassment’ as the most common reason. If you suffered child sexual abuse, you should never feel embarrassed to report it as it was not your fault. Please don’t hesitate to speak up:

    For advice and support on making a claim for the abuse that you suffered, please speak to one of our advisors today.

    Sexual Abuse And Consent

    The issue of consent is something that has to be taken into account when looking into sexual abuse claims. In terms of children and consent, according to the CPS, no person can give consent if they are under the age of 16.

    In children over the age of 16, lack of consent may be evidenced by way of:

    • Proving that threats or force were applied
    • Proving that drugs, alcohol, age, mental disability or sleep prevented the victim from being aware of what was happening to them

    The law doesn’t allow consent to be given to any sexual activity by victims who are not able to understand what is happening to them due to age or mental disability. Therefore, paedophile sexual abuse claims could be made against any perpetrators that commit such crimes.

    Types Of Abuse And Sexual Violence Committed By Paedophiles

    Paedophile sexual abuse claims could involve a variety of different types of abuse. In terms of non-contact abuse, this could include making a child look at pornographic materials such as photos or videos, taking sexually posed photos of a child, making a child hear or see sexual acts, looking at a child undressing, or exposing their genitals to a child. Contact abuse could include instances where an abuser touches a child’s genitalia, penetrates them, rapes them or makes them play sexual games.

    Whether the abuse you or a child you’re responsible for has suffered involves contact or not, abuse is always wrong. Victims of sexual abuse should be able to access compensation for the physical and psychological injuries they have suffered as a result of abuse.

    Claims For Historical Abuse Or Harm Which Became Known At A Later Date

    Unfortunately, child sexual abuse injuries may not be obvious right away but could become more apparent as time passes by. It may not be the physical injuries that do the most damage to a child abuse victim. They may suffer mental health effects of sexual abuse that are far more significant and lasting than injuries like bruising. Post-traumatic stress disorder (PTSD), for example, could lead a person to have flashbacks, nightmares, episodes of self-harming, self-medicating with alcohol or drugs, and could lead to a person being unable to function at the level that they did before the trauma.

    Child abuse victims may not speak out right away about abuse for a variety of reasons. If you have suffered abuse as a child and the mental health effects of the abuse have prevented you from reporting it, then you could still make a claim for compensation when you are able to talk about what has happened to you.

    Historical abuse claims could be made through the CICA or the civil courts in a variety of cases. We encourage you to take the opportunity to see if you could make a claim. We want all victims of such horrific crimes to be able to access the compensation they are entitled to. For information on how to make paedophile sexual abuse claims through CICA, please see the next section.

    CICA Claims Against A Paedophile

    If you are not able to make sexual abuse claims against a paedophile directly, you may be able to claim from the Criminal Injury Compensation Authority (the CICA) for both mental and physical injuries caused by sexual abuse.

    Claiming through the CICA is meant to be a last resort, and you would have to prove that you could not claim compensation from the person who employed the paedophile, for example, a local authority or the paedophile themselves.

    Evidence Which Could Support Claims Against Paedophiles

    Various types of evidence could support paedophile sexual abuse claims. These could include:

    • A criminal conviction – While this could be useful when making a claim, it is important to know that the perpetrator does not have to be convicted to allow you to make a claim. If they are deceased or they are not convicted, you may still be able to claim.
    • A physical and psychiatric report – Evidence from an independent doctor and/or psychologist or psychiatrist could help prove your injuries and the effects they have had on you. This is something that could be arranged as part of the claims process.
    • A detailed statement of what has happened to you and how it has affected you could also be useful.
    • Proof of expenses – If you have incurred expenses due to the injuries you’ve sustained as a result of sexual abuse, such as paying for counselling, you may be able to claim for them.

    Calculating Compensation For Sexual Abuse Claims Against A Paedophile

    We understand that some people may want to have an idea of how much compensation they could achieve before they go ahead and make paedophile sexual abuse claims. Some people might be searching for a criminal injury or personal injury compensation calculator to provide this information for them. However, they would only be able to get a very rough idea of how much compensation could be appropriate for their injuries from tools like this.

    Each case has its unique facts and circumstances, meaning each claimant requires an independent medical assessment to determine the full extent of the injuries and suffering.  This evidence, which could be obtained as part of the claims process, would be used to value the claim more accurately.

    Depending on whether you’re making sexual abuse claims against a paedophile directly, or claiming via the CICA, your compensation may vary significantly. We have included two tables below to illustrate this. The first gives information about the Criminal Injuries Compensation Scheme’s 2012 tariff, detailing injuries you may potentially have sustained as a result of being sexually abused. Following this table is one with amounts taken from the Judicial College Guidelines, a legal publication used by solicitors and the courts to value personal injury claims. 

    Category of InjuryCICA Compensation AmountNotes
    Sexual assault£1,000 Above clothing, and non-penetrative
    Sexual assault£2,000 Under clothing, non-penetrative
    Repetitive, frequent pattern of sexual assaults£6,600 For a period under 3 years
    Repetitive, frequent pattern of sexual assaults£8,200 For a period over 3 years
    Repetitive, frequent pattern of sexual assaults£22,000 Causing an internal injury
    Repetitive, frequent pattern of sexual assaults£22,000 Causing a moderate level of mental illness
    Repetitive, frequent pattern of sexual assaults£27,000 Causing a severe level of mental illness
    Rape with a penis£22,000 Causing a moderate level of mental illness
    Rape with a penis£27,000 Causing a severe level of mental illness
    Rape with a penis£33,000 Causing a moderate level of mental illness as well as internal injuries
    Rape with a penis£44,000 Causing a severe level of mental illness as well as internal injuries

    InjuryJudicial College Guideline PayoutNotes
    Severe psychiatric harm£51,460 - £108,620Injured parties whose cases fall into this bracket would not be able to cope with work, education or other parts of normal life or relationships. They would have a very poor prognosis.
    Moderately severe psychiatric harm£17,900 - £51,460Significant harm to the injured party’s ability to form/maintain relationships and cope with work and education. They would have a more optimistic prognosis than those in the bracket above.
    Moderate psychiatric harm£5,000 - £17,900Moderate harm to the injured party’s ability to form/maintain relationships and cope with work and education. They would have a good prognosis, however.
    Severe PTSD£56,180 - £94,470Leaving the victim with permanent damage to their ability to function

    Expenses And Damages Which Are Claimable By Victims

    Financial expenses relating to victims’ suffering could also be recovered as part of paedophile sexual abuse claims. These are commonly referred to as special damages, compared to general damages that can be claimed for physical or psychological injuries.

    The expenses you could claim may differ depending on whether your claim is made directly against the paedophile or through the CICA.

    CICA claims

    You would have to prove that the expenses were incurred due to the sexual abuse injuries you’ve suffered. You would also need to prove they were appropriate, reasonable and could not be covered in any other way, such as through the local authority, NHS or benefits office.

    Expenses could include:

    • Earning losses. There are restrictions on this, notably that they are only recoverable after 28 weeks of absence from work and paid at the statutory sick pay rate.
    • Physical aids.
    • Damage to property.
    • Cost of care.

    Personal Injury Claims Against Paedophiles directly

    Expenses could include:

    • Medical expenses
    • Care costs
    • Travel expenses
    • Earning losses – these could be compensated at your full level of pay
    • Future loss of earnings – if the abuse has impacted your ability to work, this could also be factored in.

    Regardless of whether you were making paedophile sexual abuse claims against the perpetrator directly or through CICA, you have to be able to prove that you incurred these expenses in order to recover them. Retaining bank statements, payslips and receipts is therefore crucial.

    Steps To Take If Sexually Abused By A Paedophile

    If you have been sexually abused by a paedophile, there are certain actions that you might wish to take. These could not only benefit your wellbeing but ensure that you give any future claim the best chances of succeeding. Some steps include:

    • Seeking professional help – Your physical and mental health is the priority. Seeking help as an abuse victim could help your recovery, whether it’s your GP or mental health professional. In seeking help, this also makes a record of the abuse in your medical file, which you could rely on in the case that you want to make any future paedophile abuse claims.
    • Making a note of what happened – Making a note of what happened as soon as you feel ready to can be beneficial, as you may forget some details over time. This could be useful when it comes to proving any future claim, as you may later rely on these details. If there were any witnesses to the abuse you suffered, it might be a good idea to note their contact details too, so they could be called as a witness.
    • Reporting the abuse to the police – You would not be able to claim unless the abuse was reported to the police. We understand that it may be difficult for you to do this due to the trauma surrounding the abuse, but it is important. For more information, please see the Met Police’s advice on getting in touch with them to report abuse. 
    • Seeking legal advice – Getting advice and support with your claim could be vital in helping build a strong case for compensation. We offer free advice and a no-obligation assessment of your case to explain how you could move forward with your claim.

    How Long Do I Have To Claim Compensation?

    One of the questions you might have about paedophile sexual abuse claims could be how long you have to claim.

    • If you are claiming the CICA, then usually the limitation period is 2 years from the incident date, but with sexual abuse claims, this limitation period could be extended.
    • For cases of historical abuse against a child, you would need to report the incident to police as soon as could be considered practical, but you could then have 2 years from reporting the incident to claim.
    • If the incident was reported to police, but no one claimed on your behalf, you could have until your 20th birthday to claim.
    • In a civil claim for sexual abuse, your case could be considered an exception to the usual personal injury claims time limit of 3 years from the incident date. Your lawyer could argue that the abuse and trauma you suffered meant that you were unable to process it until later on, and this could mean a historical abuse case against a paedophile could still be considered valid.

    If you are unsure about whether you could make an abuse victim claim, either on behalf of a child you are responsible for or for your own case, please get in touch. We will be happy to clarify whether you could still claim, even if years have passed since you were sexually abused by a paedophile.

    What Does A Litigation Friend Do For Claimants Under 18 Years Of Age?

    If you are under 18 years of age, an adult can help you make paedophile sexual abuse claims, either against a paedophile directly or via CICA. They could act as your litigation friendand would be able to make decisions on your case on your behalf.

    Any of the following people could become a litigation friend. However, they mustn’t have any conflicting interests and must be able to make fair decisions in an unbiased matter.

    • A deputy for the Court of Protection
    • A family member
    • A friend
    • A parent or guardian
    • A professional guardian
    • A solicitor

    Should you reach the age of 18 and your sexual abuse claim has not been settled, you could take control of the decision-making and ask the litigation friend to stop acting on your behalf.

    How Legal Helpline Could Help You To Make A Claim

    If you’re looking for further information about making paedophile sexual abuse claims or you would like to be connected with a personal injury solicitor that could fight for compensation on your behalf, we can help. Here at Legal Helpline, we have years of experience in helping victims of sexual abuse successfully claim compensation for injuries they’ve sustained, whether that’s physically or mentally.

    When you call us, we will listen carefully to what has happened to you and answer any questions you might have about your case. Please note that we may ask you a few questions too. However, this is only to help us get an understanding of whether you could be entitled to compensation or whether you might be able to claim through the CICA alternatively.

    If we feel that your case could result in a compensation payout, we will then offer to connect you with a personal injury lawyer from our panel. They could take your claim forward on a No Win No Fee basis, using their years of experience to help you get the compensation that you deserve for what you endured.

    No Win No Fee Claims If Sexually Abused By A Paedophile

    If you are concerned about the costs that may come with using the services of a personal injury lawyer, you may be interested to learn about No Win No Fee agreements. You would not be required to pay your lawyer a penny over the course of your claim, either upfront or during. 

    In the unusual case that your claim does not result in any compensation, you would not have to pay your No Win No Fee lawyer at all. However, if they were successful in getting you a compensation payout, a success fee that’s agreed with you beforehand will be allocated to them using a small portion of your payout.

    No Win No Fee services could give potential claimants the financial confidence they may be looking for to begin a claim. If you intend on claiming via this method, your solicitor would send you an agreement for you to read through and sign, confirming the terms of your partnersip.

    If you have further questions about making a child abuse claim in this manner, we would be happy to answer them. If you’d like to be connected with a personal injury solicitor who could take your case on this basis, we’d be glad to help with this too.

    Speak To Our Team

    Whether you’re looking for more answers about making a claim, are ready to begin a claim now or you’d like us to check your eligibility first, we’re here to help. You can get in touch with us via the following:

    Please do get in touch, even if you’re not sure whether you could be eligible for compensation. We will do our very best to help you through your situation, providing advice and support as and when you need it. Remember, it helps to talk, so please don’t hesitate to see your GP or mental health professional about what happened to you. 

    Paedophile Sexual Abuse Claims FAQs

    Here are some frequently asked questions.

    How long do I have to claim?

    • If you are claiming the CICA, then usually the limitation period is 2 years from the incident date, but with sexual abuse claims, this limitation period could be extended.
    • For cases of historical abuse against a child, you would need to report the incident to the police as soon as could be considered practical, but you could then have 2 years from reporting the incident to claim.
    • If the incident was reported to police but no one claimed on your behalf, you could have until your 20th birthday to claim.
    • In a civil claim for sexual abuse, your case could be considered an exception to the usual personal injury claims time limit of 3 years from the incident date. Your lawyer could argue that the abuse and trauma you suffered meant that you were unable to process it until later on, and this could mean a historical abuse case against a paedophile could still be considered valid.

    What should I do if I think I could be entitled to compensation?

    Please call Legal Helpline today and one of our specialist advisors will give you a free consultation. This can tell you everything from whether you have grounds to make a claim to how much compensation you could be entitled to. They could also connect you to a personal injury lawyer that could handle your case for you if you’d like to proceed by making a claim.

    Childhood Victim Support

    • Getting Help After Assaults/Abuse – The NHS has provided guidance on accessing help as an abuse victim.
    • MIND  – A victim of sexual abuse could find useful advice and support through MIND.
    • Support Line – If you have suffered child abuse, you could find support through the Support Line.
    • CICA Claims – Here, you can find our definitive guide to making claims for criminal injuries through the CICA.
    • Abuse Claims– This link takes you to our general guide on sexual abuse claims.
    • Claims For Being Assaulted – If you have been assaulted, you might find this guide useful.

    Thank you for taking the time to read our paedophile sexual abuse claims guide. We hope that you find some solace in making a claim for your suffering and wish you every success in your pursuit of compensation.

    Guide by JS

    Edited by REG