If you are looking for information on how to make a child sexual abuse claim, this guide may be able to help you. We will explore who the Criminal Injuries Compensation Authority (CICA) are and when they can award compensation to victims of crimes of violence.
Additionally, we will explore key aspects of the claims process. For example, we will explain the steps that could be taken after the incident, how long you have to start your claim and what evidence you must provide when claiming.
Furthermore, we will look at how a No Win No Fee solicitor from our panel could help you. You might also be interested in knowing how much your claim could be worth; we will address how claims are valued and the different kinds of payments a settlement could consist of.
Our advisors are also on call around the clock to offer you a free consultation with no obligation to claim. To get in touch:
- Call us on 0800 408 7827
- Contact us online via our website
- Use our chat feature to speak directly to an advisor
Choose A Section
- When Are You Able To Make A Child Sexual Abuse Claim?
- What Is Child Abuse?
- Compensation You Could Receive When Claiming Through The CICA Tariff
- What You Need To Make A Child Sexual Abuse Claim Through The CICA
- Make A No Win No Fee CICA Claim Using Our Panel Of Solicitors
- Learn More About How To Make A Child Sexual Abuse Claim
When Are You Able To Make A Child Sexual Abuse Claim?
The CICA is an agency sponsored by the Ministry of Justice that can compensate those who have been a victim of a crime of violence. A violent crime as defined by the CICA can include physical attacks and sexual assault.
To be entitled to make a CICA claim, the incident must have happened in England, Scotland or Wales or another place deemed relevant by the CICA. Moreover, you need to have reported the incident to the police. If you haven’t reported the incident, you will not be able to seek compensation through this authority.
There are other routes that can be taken if you have suffered a criminal injury. For example, if you know the perpetrator has the funds to compensate you, you could claim directly against them.
Claims against a vicariously liable party can also be made if their breach of duty of care caused a criminal injury. For example, if you experienced an attack at work and you had spoken to your employer about threats that were being made but they failed to do anything about this, then you could be entitled to claim against your employer for your injuries.
If you would like more details as to when and how abuse claims can be made, please get in touch with our advisors.
What Is Child Abuse?
Child abuse is when a person aged below 18 is harmed by an adult or another child. Sexual abuse is when a child is tricked, forced or coerced into sexual activities. A child might not realise that sexual abuse is wrong.
The Sexual Offences Act 2003 sets out that a child under the age of 16 is not able to consent to sexual activity with someone over the age of 18. However, children can also perpetrate sexual abuse against other children.
If you are looking to make a child sexual abuse claim and would like more details, please get in touch with an advisor from our team.
Is There A Time Limit To Making A Sexual Abuse Claim Through The CICA?
CICA claims generally must be made within two years of reporting the incident. This is expected to be done straight away unless you can prove there were exceptional circumstances which prevented you from doing so.
If the crime of violence occurred while you were a child, then the time limit for making a claim could vary:
- If the incident was reported while you were underage, but no claim was made, then you have 2 years from your 18th birthday in order to claim.
- If the incident was not reported while you were underage, meaning a claim could not be made, then you have 2 years from reporting the incident to start your claim. You should report the incident as soon as possible.
Furthermore, a child could have a parent or guardian claim on their behalf while they’re still underage. If you would like more details with respect to the CICA claim time limit, please get in touch with an advisor from our team.
Compensation You Could Receive When Claiming Through The CICA Tariff
The compensation awarded in a successful child sexual abuse claim could be made up of two heads of claim. You could receive a payout for any injuries that are sustained in the attack, both physically and mentally. For example, you could claim for a broken rib or post-traumatic stress disorder (PTSD).
We have included a table of compensation figures that have been established by the Criminal Injuries Compensation Scheme 2012. You can only claim for 3 injuries via this main tariff, and they may be valued in the following way:
- 100% of the tariff amount will be awarded for the injury with the highest associated value.
- 30% for the injury with the second-highest associated value.
- 15% for the injury with the third highest associated value.
That said, further compensation could be awarded for injuries that are not included in the tariff. For example, if you lost a foetus due to a violent crime, you could receive an award for this from a different tariff and the formula above will not apply.
Offence | Compensation Bracket | Details |
---|---|---|
Sexual assault of a child | £27,000 | Pattern of repeating frequent incidents that cause severe permanent disabling mental illness that has been diagnosed. |
£22,000 | Pattern of repeating frequent incidents that cause moderate permanent disabling mental illness that has been diagnosed. | |
£22,000 | Penetrative acts that do not involve a penis, or oral-genital acts causing serious bodily injuries. | |
£8,200 | Pattern of frequent repeated incidents of penetrative acts without a penis, or of oral-genital acts lasting for 3 or more years. | |
£6,600 | Pattern of frequent repeated incidents of penetrative acts without a penis, or of oral-genital acts lasting for up to 3 years. | |
£4,400 | Two or more incidents of penetration without a penis or oral-genital acts | |
Sexual assault of a child | £3,300 | A series of repetitive acts that don't include penetration, but are sexual and happen below clothing. |
£2,000 | Acts that don't include penetration, but are sexual and happen below clothing. | |
£1,500 | Sexual physical acts, frequent but non-penetrative | |
£1,000 | Sexual physical acts over clothing without penetration. |
Special Expenses In A CICA Claim
You might also be awarded compensation for any special expenses that you have incurred as a result of the crime of violence. Special expenses could include:
- Medical bills
- The cost of home renovations
- Loss of earnings
- Core costs
- Any equipment that you are reliant on that was broken in the incident
If you would like to find out how much your child sexual abuse claim could be worth, please contact our team of advisors.
What You Need To Make A Child Sexual Abuse Claim Through The CICA
When making a claim through the CICA, you must provide evidence that you meet the eligibility criteria. This typically includes:
- Evidence that you meet the residency requirements
- A police reference number (this is so the CICA know that the crime has been reported to the police)
- Medical evidence to display your injuries
- Evidence of any financial special expenses incurred
The CICA can liaise with the police for further details. They can also confirm whether there are any other considerations that might affect the compensation awarded to you.
If you have any questions regarding making a child sexual abuse claim, please get in touch with our team of advisors.
Make A No Win No Fee CICA Claim Using Our Panel Of Solicitors
There are many benefits to being represented with a No Win No Fee agreement in place. Not only could a solicitor use their vast experience to cover all areas of your claim, but they can offer you advice and guidance about the process of claiming. With a No Win No Fee agreement in place, you could access these services without generally needing to pay upfront or ongoing fees.
The solicitors from our panel might ask you to enter a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement. It usually means that you won’t pay your lawyers for their services if the claim isn’t a success.
Your solicitor will deduct a legally capped success fee from the settlement you receive if your claim is a success. This is a success fee.
If you would like to see whether you could make a child sexual abuse claim on a No Win No Fee basis, please get in touch with our advisors. They could connect you with a solicitor from our panel if you have a valid case. To get in touch:
- Call us on 0800 408 7827
- Contact us online via our website
- Use our chat feature to speak directly to an advisor
Learn More About How To Make A Child Sexual Abuse Claim
Here are some more of our own guides that might be of benefit to you regarding sexual abuse claims:
- A guide on shoulder injury claims
- Claiming for a broken hip
- How to sue someone in the UK for an injury
Additionally, we have included further reading that could be useful to you when seeking sexual abuse compensation:
- NHS – PTSD
- National Society for the Prevention of Cruelty to Children – What is child abuse?
- GOV.UK – Report child abuse
Thank you for taking the time to read this guide on how to make a child sexual abuse claim. If you have any more questions, please get in touch with an advisor from our team.
Article by Bec
Edited by Fer