Sexual assault is a serious matter and can have lasting effects on a person. But when a sexual assault case goes to court, no compensation is given to the victim. The individual will need to claim personal injury compensation themselves.
Each sexual assault case is different and unique. Meaning that the outcome of making a claim can vary significantly, therefore it is impossible to predict the compensation that can be expected for a sexual abuse claim.
What is sexual assault?
Indecent assault or sexual assault is an act of psychological, physical, and emotional violation, in the form of a sexual act, without consent. Sexual assault can also include forcing or manipulating a person to participate in or witness a sexual act. Sexual or indecent assault can happen to both children and adults.
- Around 1 in 5 women have been raped or sexually assaulted as an adult in England and Wales
- Around 1 in 6 children have been sexually abused in England and Wales
- Around 1 in 20 men have been raped or sexually assaulted as an adult in England and Wales
Damages as a result of sexual assault
As it is impossible to travel back in time, when awarding compensation to victims of sexual assault the courts will consider pain, and suffering as a result of the incident.
Compensation can take into account:
- Psychiatric and psychological damages
- Personal injuries
- Financial losses including past and future losses
Beeston Shenton will seek compensation on your behalf through the Criminal Injuries Compensation Authority (CICA). This is a government-funded authority that allows redress for blameless victims of violent crimes.
The defendant does not need to necessarily be convicted, so you should not wait until the end of a court case to begin your sexual assault claim.
The CICA will investigate the circumstances of the sexual assault or incident, and request a police report as part of the evidence. Therefore, it is important to report the incident to the police, and fully cooperate with their investigation. The CICA can state that if there is not a statement from the victim, then they may not be entitled to compensation.
CICA operates the Criminal Injuries Compensation Scheme which sets a tariff of injuries that determines how much compensation will be awarded.
The time limit for making an application for compensation through the CICA is 2 years from the date of the sexual assault taking place. There can be exceptions to this rule if, due to exceptional circumstances, the applicant could not have applied earlier for the compensation. If an applicant was a child under the age of 18 on the date of the criminal incident, they have until they turn 20 years old to submit a claim with the CICA.
For more information on making a claim following a physical or sexual assault, get in touch with our team of experts, for a professional and confidential service. Call us on 01782 662424 or email us at email@example.com