Victims of rape and sexual abuseare never to blame for the attacks upon them; they are completely innocent of any wrongdoing and their behaviour or actions can never, ever justify such abuse.
This is recognised by the Government and accordingly victims of such attacks have a can look to obtain compensation fromThe Criminal Injuries Compensation Authority.
The CICA is a government funded organization that pays compensation to the victims of violent crime and this includes rape, sexual abuse, child abuse and sexual assault.
To qualify
- the assault must have happened on UK mainland or territories
- you must have reported the matter to the Police and assist the police with their enquiries.
The CICA have a requirement that the matter must be reported to the police as soon as possible and the application lodged within two years of the assaulthowever they do have discretion to waive these requirements and often do in matters of sexual attack
The CICAhas a tariff system that allows you to claim for the three most serious injuries suffered and this includes mental or psychological injury. You can claim for lost income once you have been unable to work for 28 weeks; so your claim for lost income starts on the first day of the 29th week. You can also, in certain circumstances, claim for treatment as well as gratuitous care provided by family and friends
Frequently Asked Questions.
Q. How long will it take?
A.It is verydifficult to say at the outset how long a claim will last as the CICA have to obtain information from outside agencies. Claims can settle in under 4 months with others lasting in excess of 18 months.
Q. How much will I receive?
A.Unlike claimsbrought against insurers such as tripping claims and car accident claims, damages paid by the CICA are made based on a ‘one size fits all' tariff system which does not take account of age, sex etc. Unless it can be shown that the CICA have wrongly categorised your injury you can not challenge the amount offered. In addition to the injury claim we will seek to recover treatment costs care and assistance, and all other losses incurred that are as a result of the assault or period of abuse.
Q. What will it cost me?
A.The CICA don't pay solicitors costs so if you instruct a solicitor to act your behalf you will have to pay their fees, however most solicitors will act for you on a contingency fee basis whereby they will take an agreed percentage of your damages if you are successful (between 25-40%) but charge you nothing if your claim fails.
Q. Will I have to go to Court?
A.No. The CICAare separate for the court system and while there is an appeal structure in place they do not involve the courts.
Q. Do I have to use a solicitor?
A.No. The CICAwill assist you with your claim direct, however if your claim is in any way complicated or if there may be difficulties due to applying out of time etc you may want to consider instructing a solicitor to assist you with your claim.
Q. What if the person who assaulted me wasn't convicted?
A.A conviction is not always necessary and just because there was no conviction doesn't mean to say that your claim will automatically fail. The criminal courts work on a much tougher ‘burden of proof' and a case must be proven beyong all reasonable doubt, whereas a claim to the CICA case must be proven on the balance of probabilities.
Q. What if I reported it but no-one was prosecuted?
A. Even if no-one was arrested or prosecuted, you can still make an application to the CICA. It may be that the attacker was never identified, or had died before you disclosed to the Police. This doesn't necessarily mean you are not entitled to compensation.
Q. The Abuse happened when I was a child, am I too late to claim?
A.Not necessarily. An applicant has 2 years in which to lodge an application, however, if something happened when you were a child, the time limits run from the date of your 18th birthday.Even if the abuse happened many years ago, it is still worth lodging an application, however, these matters can be complex and it is worth contacting a Solicitor. The application needs to be lodged as soon as possible, as delays will only prejudice your claim further.
Q. I think I may have a claim for compensation - what do I do?
A.If you thinkyou may have a claim then contact a solicitor who is experienced in dealing not only with claims to the CICA but also claims specialist CICA claims, relating to rape, child abuse, sexual abuse and sexual assault.
