A Guide To Making A Sexual Assault Claim

You might be thinking, “I was sexually assaulted; can I claim compensation?”, “what counts as sexual assault?” or “what is the time limit for making a sexual assault claim?”. We will aim to answer some of these questions in this guide.

Sexual assault claim guide

Sexual assault claim guide

If you’ve experienced sexual assault, then you might be entitled to claim compensation. We will look at the different channels that are available to claimants. Furthermore, we will look at the evidence that you will need to support your case.

If you are looking to claim criminal injuries compensation, then you might find the process easier with the guidance of legal representation. This guide will explain how a No Win No Fee agreement can help you fund this.

You can speak to one of our advisors for free legal advice using the methods below:

Choose A Section

  1. Could I Make A Sexual Assault Claim?
  2. Examples Of Sexual Assaults
  3. Proving A Sexual Assault Claim
  4. How Much Could I Get After Suffering Sexual Assault?
  5. How To Work With A No Win No Fee Solicitor
  6. More Information On Making A Sexual Assault Claim

Could I Make A Sexual Assault Claim?

According to The Crown Prosecution Service (CPS), sexual offences encompass a number of different crimes, which include sexual assault, assault by penetration and rape.  The CPS also defines sexual offences against children. 

If you are looking to make a sexual assault claim, there are several methods of doing so. You may be able to:

  • Claim directly against the assailant. This can only be done if you know who the person is and you know they have the funds or assets available to cover your sexual assault payout.
  • Make a claim against a vicariously liable party. In some cases, you may be sexually assaulted, but a third party may be to blame. For instance, you may have been sexually abused at school, but the school didn’t perform a DBS check on the teacher before hiring them, which would have highlighted that they had previous convictions. 
  • Claim via the Criminal Injuries Compensation Authority (CICA). This is an executive agency that receives sponsorship from the Ministry of Justice. They award compensation to violent crime victims in England, Scotland and Wales. 

To be eligible to make a claim through the CICA, the incident must have been reported to the police. Additionally, it must also have happened in England, Wales or Scotland. 

Furthermore, the claim needs to be made within the two-year time limit that applies to CICA claims, which begins from the date you reported the incident to the police. However, some exceptions apply to this time limit; get in touch with our team today to find out what they are and whether they apply to your case. 

Our advisors can assist you with any questions you may have regarding the claims process, including queries about how long a criminal injuries claim takes. Get in touch today. 

Recent Sexual Assault Statistics

We have used an Office for National Statistics report to According to Crime Survey for England and Wales (CSEW), 1.6 million adults between the ages of 16 and 74 years experienced sexual assault by rape or penetration in the year ending in March 2020. Of that figure: 

  • 49% had been victims more than once
  • 16% reported the incident to the police 
  • 44% were victimised by their partner or former partner
  • 54% said the perpetrator used physical force

Examples Of Sexual Assaults

There are various kinds of sexual offences as defined by law. Here we have included some examples of sexual offences:

  • Rape – When a person uses their penis to penetrate the vagina, mouth, or anus of another person without consent. According to the law, a person without a penis cannot rape someone. However, a female could be charged for assisting a male assailant in an attack and could therefore be considered guilty of rape. 
  • Sexual assault – When a person intentionally touches another person sexually nonconsensually. This can be done with any part of the body or an object. 
  • Assault by penetration – When a person deliberately and sexually penetrates the vagina or anus of somebody else without their permission. This can be done with their own body or an object.

If you would like to find out whether you are eligible to make a sexual assault claim, please get in touch. Our team can offer free legal advice on the process of claiming.  

Proving A Sexual Assault Claim

It is important to gather evidence in the aftermath of the incident to support your claim. There are various ways this can be done, but your first priority should always be seeking medical attention. 

If you claim through the CICA, then they will require the following from you:

  • Proof that you meet the residency requirements for claiming.
  • A crime reference number to demonstrate that you reported the incident to the police.

The police will be able to provide information to the CICA on your case, and this information could impact your claim. For example, they will confirm:

  • That you have cooperated with them in their investigations
  • Whether you have any previous convictions that could affect your award

We also recommend that you seek legal advice. Our team of advisors may put you in contact with one of the No Win No Fee criminal injury solicitors from our panel if you are eligible to make a sexual assault claim. 

How Much Could I Get After Suffering Sexual Assault?

If you win your sexual assault claim through the CICA and receive a payout for sexual abuse, it will be made of types of compensation – injury payment and special expenses. Firstly, you will be compensated for your injuries based on a tariff of injuries as outlined by the CICA.

This covers both physical injuries and the impact on your mental health. You can seek compensation for several injuries, although only three injuries from this tariff can be covered in the claim. Furthermore, these injuries will be valued as below: 

  • The full tariff amount will be paid for the highest valued injury. 
  • 30% of the tariff amount for the second highest or equally valued injuries.  
  • 15% of the tariff amount for the third highest or injuries that are of equal value. 

Furthermore, If you fall pregnant, miscarry, or contract a sexually transmitted disease (STD) due to the sexual abuse you have suffered, you can make a claim on a different tariff for this which will not be relative to the multiple injury system explored above. 

We have drafted a table of injury payment compensation amounts that you might receive if your sexual assault claim is successful. 

[table id=25 /]

Special Expenses

Additionally, you may also be able to claim special expenses as part of your compensation for sexual abuse. To be entitled to this, you must be able to prove that the costs are necessary and aren’t available for free anywhere else. All costs must also be reasonable and sustained directly as a result of your injuries.

Financial losses you can be reimbursed for under special damages include but are not limited to: 

  • Treatment costs 
  • Care costs 
  • Equipment costs, for instance, the cost of a new hearing aid if yours was broken in the attack
  • Loss of earnings

You must have lost earnings for a minimum of 28 weeks after the incident in order to claim special expenses. All of these will be paid from the date of the incident, except for the loss of earnings. You will only be compensated for this from the start of week 29. 

To find out more about how much criminal injuries compensation you could be eligible to receive, get in touch with a member of our team today. 

How To Work With A No Win No Fee Solicitor

There are different types of No Win No Fee arrangements that a sexual assault claims solicitor may work under. One of these is a Conditional Fee Agreement (CFA) which is popular with claimants. 

Operating under a CFA means that you will not have to pay your solicitor for the legal services they provide unless your case is successful. As expected, this means that if your claim is not successful, there are no fees to be paid to your solicitor for their services. 

Moreover, no legal fees will be required upfront or whilst your case is ongoing. 

That being said, if your claim for sexual abuse is successful, you will owe your solicitor a success fee. This is a legally capped fee that will be taken from the compensation you are awarded. 

Ask About How To Make Sexual Assault Claims

As mentioned, our advisors can legal advice regarding the claims process completely free of charge. If your claim warrants, they could connect you with a criminal injury solicitor from our panel. Our No Win No Fee solicitor could use their experience to cover all bases of your claim to help you get as much sexual assault payout as possible. 

To get in touch: 

More Information On Making A Sexual Assault Claim

Here we have included some further reading that you might find helpful: 

We have also included some of our own guides:

Thank you for reading our guide on making a sexual assault claim. If you have any questions or would like to start your claim for sexual abuse, please do not hesitate to get in touch. 

Writer Beck Platt

Publisher Fern Smithers