The guide has been created to give guidance on sexual assault claims. We’ll explore how the claims process works in sexual assault cases, detailing the channels through which you could make a claim for criminal injuries compensation. 

In some cases, you could make a claim directly against the perpetrator or against a third party that is vicariously liable. However, in those cases where the perpetrator is unknown or is unable to pay compensation, you could make a claim through the Criminal Injuries Compensation Authority (CICA). The latter is the kind of claim we will focus on in this guide. 

In addition, we’ll provide you with guidance on the various steps that you can take to make a claim through the CICA; this includes looking at the types of evidence you would need to gather in order to support your claim. 

In our articles, we aim to provide as much information as possible to help you through the process. However, we also understand that you may have questions that still need to be answered after reading. If this is the case, then you can speak to one of our advisors. They can offer you free advice and even assess the validity of your claim. 

To get in touch, you can:

• Call us on the number at the top of the page 
• Contact us through the website 
• Talk to one of our advisors through our live chat feature

Select A Section

1. What Is Classed as Sexual Assault?
2. Sexual Assault Claims – How Can I Make a Claim?
3. Potential Compensation For An Assault Injury Claim?
4. Sexual Assault Claims – What Evidence Could Be Used?
5. Why Use No Win No Fee Solicitors? 
6. Learn More About Making Sexual Assault Claims 

What is Classed as Sexual Assault?

Sexual assault is defined as non-consensual touching of a sexual nature that occurs without consent. The touching can be done with any part of the body or with an object. Assault by penetration is when someone uses a body part (other than a penis) or a foreign object to sexually penetrate the vagina or anus of someone else without consent to do so. 

Children are not able to consent to sexual activity while under the age of 16. Any sexual contact between a child and an adult over the age of 18 is classed as sexual assault.

You may also be able to claim if you’ve been a victim of rape. Rape is when someone uses their penis to penetrate the anus, vagina or mouth of someone else when they don’t have consent to do so.

If any of the above has happened to you and you would like to know if you’re eligible to make a claim for compensation, get in touch with one of our advisors today. They can offer free legal advice on sexual assault claims. 

Sexual Assault Claims – How Can I Make a Claim?

In order to be eligible to receive criminal injuries compensation through the CICA, you must meet certain eligibility requirements. These are set out in the Criminal Injuries Compensation Scheme 2012.

The eligibility criteria is as below:

• The incident must have occurred in England, Scotland or Wales or another relevant place
•  The incident must have been reported to the police as soon as possible. This is usually right away, but a claim could still be considered if a delay in reporting was caused by exceptional circumstances 
• You must ensure you submit your application to the CICA within the relevant time period
• You must have been injured as the result of a crime of violence. Sexual assault is classed as a crime of violence in the Criminal Injuries Compensation Scheme

For more information on when sexual assault claims through the CICA could be valid, speak with one of our advisors today.

Potential Compensation For an Assault Injury Claim

If you receive compensation from the CICA for sexual abuse, your injuries will be valued in line with the tariff of injuries in the Criminal Injuries Compensation Scheme 2012. We have included a table including examples of these below: 

Injuries	Compensation	Description
Sexual Assault	£27,000	The abuse has resulted in a permanently disabling severe mental illness.
Sexual Assault	£22,000	The abuse has resulted in a permanently disabling moderate psychiatric illness.
Sexual Assault	£8,200	A pattern of sexual abuse from one or more attackers over a period of 3 or more years.
Sexual Assault	£6,600	Injuries from one or more attackers from a period of abuse that lasted for up to 3 years.
Non-consensual penetration with a penis	£27,000	An incident of non-consensual penetration that has led to a permanent, serious mental illness which has become disabling. This is confirmed by a prognosis from a psychiatrist.
Non-consensual penetration with a penis	£22,000	An incident of non-consensual penetration that has led to a permanent, moderate psychiatric illness which has become disabling. This is confirmed by a prognosis from a psychiatrist.
Non-consensual penetration with a penis	£22,000	A pattern of repetitive incidents over a period of more than 3 years. Could be by one or more attackers
Non-consensual penetration with a penis	£16,500	A pattern of repetitive incidents over a period of up to 3 years. Could be by one or more attackers
Non-consensual penetration with a penis	£13,500	An incident when two or more attackers have used their penis to penetrate the vagina, mouth or the anus of the victim.
Non-consensual penetration with a penis	£11,000	A situation in which one attacker has used their penis to penetrate the vagina, anus or mouth of the victim without consent.

Alternatively, you could value your claim using our criminal injury claim calculator.

You can claim for multiple injuries through the CICA. However, you may not be awarded the full amount for each injury you have sustained. Multiple injuries are subject to the formula below: 

• 100% of the tariff amount for the injury with the highest value
• 30% of the tariff amount for the injury with the second highest value
• 15% of the tariff amount for the injury with the third highest value.

If you have lost a foetus, become pregnant or contracted a sexually transmitted infection as the result of the sexual assault, then you could be awarded compensation for this through a different tariff of injuries. This means that these awards will not be subject to the multiple injury formula outlined above. 

You may also claim for special expenses caused by the injury you sustained. You can only claim these if you have lost earnings or earning capacity for more than 28 weeks after the incident. Loss of earnings can also be included in a CICA claim. 

Special expenses can include:

• The cost of care that you need because of your injuries
• The cost of adapting your home or vehicle
• The cost of any equipment that you rely on and that was damaged in the attack (for example, a walking stick or hearing aid)

Our advisor could provide clarity on the amount that could be awarded in sexual assault claims made through the CICA. Furthermore, if you have a valid claim, they could connect you with a No Win No Fee solicitor from our panel. 

Sexual Assault Claims – What Evidence Could Be Used? 

When you claim through the CICA, you will need to supply them with the following:

• Evidence that you meet the requirements for residency when making a claim
• Proof that you reported the incident to the police (you would provide a crime reference number to show this)
• Any medical evidence to support your injuries

You may need to pay to obtain evidence of your injuries. You will usually be expected to cover this yourself, and it should not cost more than £50. If you can prove that you’re unable to pay for this yourself, then the CICA may be able to cover this cost which will then be deducted from any payment made to you.

The CICA will confirm with the police whether:

• You have cooperated with them in their investigations. Failure to do so might result in an award being reduced or withheld altogether.
• You have any unspent criminal convictions. If you do, then this could result in your award being reduced or withheld altogether.

For more information on the evidence you could provide in support of sexual assault claims, speak with an advisor today.

Is There a CICA Claim Time Limit?

The time limit for criminal injury claims to be made through the CICA is generally two years, and this runs from the date the incident was reported to the police. An incident should be reported to the police as soon as possible; this is usually expected to be done straight away.

However, if there was a delay in reporting the incident to the police because of extenuating circumstances, then the CICA might still accept the claim. You will need to prove that these circumstances apply.

Furthermore, if you could not claim within two years of the incident taking place, and this was because of extenuating circumstances, then the CICA may still accept your claim. You will also need to show that there is enough evidence in support of your case that further extensive investigations by a claims officer will not be necessary. 

For more information on the time limits that apply to CICA claims, speak with one of our advisors today.

Why Use No Win No Fee Solicitors?

We have a team of No Win No Fee solicitors that have experience in dealing with sexual assault claims. No Win No Fee agreements can allow you to fund the work of a lawyer without having to pay upfront fees. A Conditional Fee Agreement (CFA) is a popular form of No Win No Fee agreement. 

Under this kind of agreement, you generally will not be asked to pay anything upfront or as the claim progresses. Furthermore, if the claim is unsuccessful, you won’t need to pay them anything for their services.

If you are awarded compensation, then you will have a legally-capped success fee deducted from your settlement. The legal cap stops you from being overcharged by your solicitor.

Contact Us For Free To See If You Can Receive Assault Compensation 

We hope this guide on the sexual abuse compensation claims process has helped. If you have any other questions, please don’t hesitate to get in touch with our team. An advisor can provide further guidance on sexual assault claims.

Additionally, they can assess the validity of your claim and could potentially assign a solicitor from our panel to take on your claim on a No Win No Fee basis.

You can:

• Call us on the number at the top of the page 
• Contact us through the website 
• Talk to one of our advisors through our live chat feature

Learn More About Making Sexual Assault Claims 

We have included some links below to more of our guides you might find useful:

• Sexual abuse compensation calculator
• Compensation for common assault

We have also included some external resources that may help:

• Emotional Support Advice from Victim Support 
• Sexual Offences in England and Wales: Crime Survey for England and Wales for Year Ending March 2020
• NHS on Violence and Sexual Assault

If the information in this article has been helpful to you. They can provide information and share advice with you about the sexual assault claims process.

 Writer Lizzie Whitting

Publisher Fern Shelley