After suffering historical abuse, we understand it can feel intimidating and daunting to start a claim; that is why at How To Sue, the solicitors on our panel are committed to providing help and support through every stage.
We have created this comprehensive guide to explore how to sue for historical sexual abuse compensation, and the different avenues that could be taken whilst making such a claim. We also want to help claimants understand that assistance is available. Continue reading to learn more about historical sexual abuse claims and how one of the solicitors on our panel could help you.
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Jump To A Section
- How To Sue For Historical Sexual Abuse Compensation
- How Much Criminal Injury Compensation For Historical Sexual Abuse?
- Can Historical Sexual Abuse Compensation Cover Other Damages?
- How Do Time Limits Apply To Historical Abuse Claims?
- What Can I Do To Support A Compensation Claim For Historical Abuse?
- Get Help With A Historic Sexual Abuse Claim From How To Sue
- Learn More
How To Sue For Historical Sexual Abuse Compensation
For you to be eligible to sue for historical sexual abuse compensation, particular eligibility requirements must be met. Most claims for sexual abuse are made through the Criminal Injuries Compensation Authority (CICA), for which three criteria must be satisfied.
- Firstly, you must prove that you were injured in a crime of violence. In line with the Criminal Injuries Compensation Scheme 2012, only certain activities will constitute a crime of violence; Annexe B of the CICA scheme outlines that assault (such as domestic violence and cases of GBH or ABH), arson and sexual abuse will be considered a crime of violence.
- In addition to ensuring that what you experienced constitutes a crime of violence, you must also prove that the incident occurred in England, Wales, Scotland, or another place registered in one of these countries, such as a boat or other vessel.
- Once this has been determined, it must then be shown that you reported this incident to the police.
However, the CICA states that they must be the last resort, and you must have tried to gain compensation via other avenues. Below, we explain the other ways you could make a claim.
Making A Civil Claim Against The Perpetrator
You are able to make a claim directly against the person responsible for the historical sexual abuse (the perpetrator). However, you need to know who they are and that they have the means to compensate you.
Claiming Against A Vicariously Liable Party
A claim against a vicariously liable party can arise in situations where an organisation had a legal responsibility to ensure your safety.
An example where you could sue a vicariously liable party could be if you were the victim of sexual abuse whilst in school, and the school failed to perform a DBS check on the teacher that committed this crime, which would have highlighted previous convictions for sexual abuse. In this instance, the school may be held liable.
To learn more about how to sue for historical sexual abuse compensation, you can contact our advisors.
How Much Criminal Injury Compensation For Historical Sexual Abuse?
When claiming through the CICA, compensation is paid in accordance with the fixed tariff from the Criminal Injuries Compensation Scheme 2012. Additionally, if you have up to 3 qualifying injuries, the multiple injury formula will apply to your claim.
In line with this formula, you could be eligible for:
- 100% of the full tariff value for your most serious injury
- 30% of the tariff with an equal or second-highest value
- 15% of the tariff of the lowest value injury
For historical sexual abuse claims, it is important to note here that you could also be entitled to ‘other payments’, which are not subject to this formula. If you became pregnant, contracted an STI or lost a foetus as a result of the abuse, you could be eligible for these other payments.
Our table below highlights some examples of payouts from the CICA for historical abuse. Please note that the top figure is the highest amount that the CICA will pay for any type of claim.
| Injury Category | Type of Injury | Tariff Amount |
|---|---|---|
| Multiple Severe Criminal Injuries + Special Expenses | A number of serious criminal injuries as well as special expenses such as home adaptation costs | Up to £500,000 |
| Non-consensual penile penetration of a minor | Severe internal bodily injuries paired with severe permanent disabling mental illness | £44,000 |
| Severe internal bodily injuries paired with moderate permanent disabling mental illness | £33,000 | |
| Permanent severe disabling mental injury | £27,000 | |
| Permanent moderate disabling mental injury | £22,000 | |
| Repeated incidents for 3 or more years | £22,000 | |
| Repeated incidents for up to 3 years | £16,500 | |
| Sexual Assault of a Minor | Resulting in a severe permanently disabling mental injury | £27,000 |
| Resulting in serious internal injuries | £22,000 | |
| Lasting over a period of 3+ years | £8,200 |
What Are The Compensation Payouts For Non-CICA Claims?
In claims where you directly claim against the perpetrator or a vicariously liable party, your compensation is calculated differently from claims made through the CICA.
Instead, professionals calculating your payout might refer to frameworks such as the Judicial College Guidelines (JCG), which detail types of injuries alongside guideline compensation brackets. Our table below shows suggestive payouts for cases of historical sexual abuse. Please note that the first entry hasn’t been taken from the JCG, and these figures are not a guarantee of compensation.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Severe Forms of Injury + Special Damages | A number of forms of severe criminal injury paired with special damages such as lost earnings | Up to £250,000+ |
| Sexual and or Physical Abuse | Severe (a) | £109,830 to £183,050 |
| Moderately Severe (b) | £54,920 to £109,830 | |
| Moderate (c) | £25,100 to £54,920 | |
| Less Severe (d) | £11,870 to £25,100 | |
| Psychiatric Damage Generally | Severe (a) | £66,920 to £141,240 |
| Moderately Severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less Severe (d) | £1,880 to £7,150 |
If you have any questions about how to sue for historical sexual abuse compensation, you can contact our advisors today.
Can Historical Sexual Abuse Compensation Cover Other Damages?
When making a claim through the CICA, you could also be eligible for special expenses. These can include costs such as:
- Equipment used to facilitate your recovery, such as a wheelchair or vehicular adaptations
- Home adaptations such as the installation of wheelchair ramps or handrails
- Costs of care which specifically relate to bodily functions or the preparation of food
- Any equipment you relied on as a physical aid that was damaged when you were attacked, such as hearing aids
All if these expenses must have been reasonable, necessary and directly caused by the criminal injury you suffered. They also cannot be obtained for free elsewhere.
Furthermore, you may also be able to claim compensation for a loss of earnings if you meet certain eligibility requirements.
To learn what other damages you could claim for when claiming directly against a perpetrator or a vicariously liable party, you can contact our advisors.
How Do Time Limits Apply To Historical Abuse Claims?
Most sexual abuse claims through the CICA are subject to a 2-year time limit. This time limit runs from the date of the initial abuse; however, if it can be proven that exceptional circumstances prevented you from making a claim within this timeframe, exceptions may be made. The CICA assesses claims on a case-by-case basis.
For claims involving children, such as historical sexual abuse cases, the time limits slightly differ:
- If the victim was under 18 at the time of the offence and reported the crime to the police, they then have 2 years from the date of their 18th birthday.
- If the victim was under 18, but no police report was filed prior to their 18th birthday, then the 2-year time limit would run from the date of reporting. Again, here it must be demonstrated that exceptional circumstances prevented a report from being made sooner.
If you have any questions about whether your claim still falls within the time limits, please contact our team today. They are available to answer any questions you may have.
What Can I Do To Support A Compensation Claim For Historical Abuse?
To support your compensation claim for historical abuse, you will need to gather the evidence the CICA require; this is:
- Your police crime reference number, which you will have been given after filing a report
- Proof that you satisfy the residency requirements
- Medical evidence, such as your GP record, to show any diagnoses, and what injuries were sustained
- Documents such as wage slips to show financial losses, or any other relevant documentation, such as invoices for adaptations to your home
Any additional evidence or information that the CICA may need, they will be able to liaise with the police for. This is why it is important that you report the incident.
To learn more about how to sue for historical sexual abuse compensation, you can contact our advisors.
Get Help With A Historic Sexual Abuse Claim From How To Sue
At How To Sue, our panel of solicitors work on a No Win No Fee basis through a Conditional Fee Agreement.
This can be advantageous to claimants because it means that there are no upfront payments needed for a solicitor to begin work on your case; it also can be beneficial because you wouldn’t have any payments to continue the work on your claim, and if it were unsuccessful, you would have no payments payable for the work of a solicitor.
Only if your claim was successful would a small, legally-capped percentage be payable from your compensation. This fee is limited in line with the Conditional Fee Agreements Order 2013 to ensure that claimants receive the majority of their compensation.
In addition to the benefits of claiming on a No Win No Fee basis, by choosing to work with a solicitor from our panel, you could expect:
- Support through every step of the process
- Explanations of complex legal jargon
- Help with evidence gathering
- Handling all aspects of the claim so that you can focus on your recovery while they work to secure compensation on your behalf
- Ensuring your claim is started within the permitted time limit
Use our contact details below to reach our advisors who can connect you with a specialist solicitor from our panel.
Contact How To Sue
To get in touch and learn how to sue for historical sexual abuse compensation, you can reach our advisory team by:
- Calling us on 0800 408 7827
- Filling out our contact us form
- Using our live chat
Learn More
Why not read about what other types of claims we could help you with:
- Learn how to sue for rib injury compensation.
- Guidance on making a loss of sight compensation claim.
- Advice on head injury claims.
Additional resources:
- Statistics from GOV.UK on resolved CICA claims
- How to contact the police
- Mental health support from the NHS
Thank you for reading our guide about how to sue for historical sexual abuse compensation.