Rape Victim Compensation – What Could You Claim?
By Stephen Hudson. Last updated 19th August 2022. In this guide, we will look at the process of claiming rape victim compensation. This guide will discuss the different channels through which you may be able to claim. We also look at how one of our personal injury solicitors could help the claims process run more smoothly.
You may be wondering what the time limits are when seeking compensation for rape as a victim in the UK. We will explain time limits in greater detail, as well as the exceptions that can apply so that you can determine whether you’re within the limitation period for starting a claim. Furthermore, we’ll look at when do victims of assault get compensation and how much compensation for rape victims may be offered.
We appreciate that this can be a sensitive topic, and our advisors are on hand to offer you free legal advice. They can handle your case tactfully and, if your claim is valid, could connect you with a No Win No Fee solicitor from our panel.
If you want to get in touch, you can do so by:
- Calling us on 0800 073 8804
- Requesting a callback when you contact us online
- Discussing your claim via our live support option
Select A Section
- Rape Victim Compensation Claims
- Eligibility To Claim For Rape Or Sexual Violence
- Limitation Periods For Rape Victim Compensation Claims
- CICA Rape Victim Claims
- How Much Compensation Do You Get For Rape UK?
- Begin Your Rape Victim Compensation Claim
Rape is a criminal offence. It’s defined in the Sexual Offences Act 2003 as when someone uses their penis to penetrate the vagina, mouth or anus of another person without their consent.
Children who are under the age of 16 cannot consent. This means that any sexual contact between someone under the age of 16 and an adult is automatically against the law.
A person without a penis cannot commit rape. However, they can sexually abuse or assault another person. Someone without a penis who helps someone else commit rape may be convicted of it, however.
If you know the person who committed this crime, and they have the funds available to pay you, then you may be able to claim from the criminal directly.
However, if they have not been convicted or identified or have been identified but cannot compensate you, then you may be able to claim through the Criminal Injuries Compensation Authority (CICA). The CICA is a government-sponsored agency that can compensate people who have been injured as a result of a crime of violence.
For more information about claiming rape victim compensation, speak with an advisor today.
In order to seek rape victim compensation through the CICA, there are certain eligibility criteria that you need to meet. They are as follows:
- The crime must have been reported to the police
- The incident must have happened in England, Scotland, Wales or another relevant place
- You must have been injured as the direct victim of a criminal injury. A crime of violence is defined in the Criminal Injuries Compensation Scheme and includes sexual assault and rape
For more information on whether you could be eligible to claim, speak with an advisor today. You could receive free legal advice from a member of our team.
Generally, when pursuing compensation through the CICA, there’s a two-year time limit to starting your claim, which runs from the date you reported it to the police. You’re expected to report the incident to the police as soon as possible, which is usually right away.
However, if exceptional circumstances stop you from being able to do this immediately, and you can prove that these apply, then your claim might be accepted outside of this two-year limit.
Similarly, if the incident was reported to the police right away but exceptional circumstances stopped you from being able to start a claim within two years, then you may be able to begin your claim outside of this time limit.
To see whether you’re within the appropriate time limit for claiming, why not get in touch? One of our advisors could let you know whether you’re eligible to claim rape victim compensation through the CICA.
Do Victims Of Assault Get Compensation If They Have No Evidence?
A question some potential claimants may ask is do victims of assault get compensation if they have been harmed by sexual violence but don’t currently have evidence to confirm it.
In some cases, it may be difficult to think of ways you can prove a sexual assault you have been of the victim of, especially if a lot of time has passed since it occurred. However, even if there is a lack of forensic evidence, a claim may still be possible. If you can provide an account of the rape incident, then this can still count as important evidence when reporting it to the police or potentially making a claim. A psychiatric report could also potentially be arranged and used as evidence as part of a claim.
Sexual Assault Statistics
The graph below shows the prevalence of sexual assault types in England and Wales using information from the Office of National Statistics for the year ending March 2020:
When claiming rape victim compensation through the CICA, there are a number of different factors that might be taken into account when determining if you’re eligible to claim.
For example, any previous unspent criminal convictions that you have could be considered when deciding how much you should receive. An award can be withheld completely based on this, or the amount you would have received could be reduced.
Furthermore, in order to claim through the CICA, you must cooperate with the police and the CICA in their investigations as much as is reasonably practicable. If you fail to cooperate, then an award might be withheld.
For more information on claiming compensation for criminal injuries, speak with an advisor today.
The CICA have a tariff of injuries that can be used to see how much certain claims are worth. We’ve included some excerpts from these in the table below:
|Type of Injury||Notes||Amount|
|Non consensual penile penetration of one or more vagina, mouth or anus||By one attacker||£11,000|
|By two or more attackers||£13,500|
|Resulting in serious internal injuries||£22,000|
|Resulting in moderate mental illness that is permanently disabling that prognosis has confirmed||£22,000|
|Resulting in serious mental illness that is permanently disabling that prognosis has confirmed||£27,000|
|Resulting in bodily injury that is serious as well as moderate, permanently disabling mental illness||£22,000|
|Resulting in bodily injury that is serious as well as severe, permanently disabling mental illness||£27,000|
|Pattern of repeating incidents for up to 3 years||£16,500|
|Pattern of repeating incidents for 3 or more years||£22,000|
|Loss of foetus||As a result of the crime of violence.||£5,500|
You can claim for multiple injuries through the CICA, however, you will not receive the full amount for each injury. You will receive:
- 100% of the tariff amount for the injury with the highest value
- 30% of the tariff amount for the injury with an equal or second-highest value
- 15% of the tariff amount for the injury with the third-highest value
Additional tariff payments may be appropriate if, as a direct result of the assault, you become pregnant, lose a foetus or contract a sexually transmitted disease.
Furthermore, you could also claim special expenses and loss of earnings. A special expenses payment can cover costs like those of any physical aids that were damaged in the attack, the cost of care relating to bodily functions or food preparations, or the cost of adapting your home or vehicle to cope with your injury.
In order to claim special expenses or loss of earnings, you must show that you lost earnings for at least 28 full weeks following the incident. While special expenses will be backdated, loss of earnings will only be paid from week 29 onwards.
For more information on claiming rape victim compensation, get in touch today.
Starting criminal injury claims through either the CICA or directly against your abuser may feel like an easier process if you have the support and guidance of a lawyer to help. Under a No Win No Fee agreement (also known as a Conditional Fee Agreement), a personal injury solicitor can act on your behalf without you needing to pay them anything upfront.
The solicitor will take a percentage of your compensation in the event that your claim, which is subject to a legal limit. If the case is unsuccessful, you have nothing to pay your solicitor for their services.
Find out more about claiming rape victim compensation by:
- Giving our advisors a call on 0800 073 8804
- Requesting we call you back when you contact us online
- Using the ‘live support’ option bottom right
Criminal Injury Claim Resources
You may find that some of these guides are useful to you:
- Information from the NHS on help after rape and sexual assault
- Further support from UK charity Rape Crisis
- Information from Barnardo’s about child sexual assault
Below, you can learn more about CICA claims via our other guides:
- A guide to criminal injury compensation claims
- Can victims of revenge porn make a claim?
- How long does a criminal injury claim take?
- Find criminal injury compensation solicitors for Scotland
- How to claim compensation for robbery victims
- Grievous bodily harm (GBH) claims
- Actual bodily harm (ABH) claims
- Can I claim compensation if no one has been convicted of the crime?
- Claims involving ABH
- Can I claim for criminal injuries without pressing charges?
- I was attacked when trying to stop a fight, can I claim compensation?
- How to claim for a road rage attack
- Arson compensation claims
- Domestic abuse victim claims
- Stabbing victim claims
- How to find domestic violence solicitors
- Criminal injury victim claims
- CICA compensation calculator
- How to claim compensation for rape
- Rape compensation claims in Scotland
- How much compensation can you claim for assault?
- How much compensation can you claim for being stabbed?
- Acid attack victim claims
- Sexual abuse compensation claims
- FAQs on sexual abuse claims
If you have any more questions about using rape victim compensation, speak with an advisor today.
Written by Waters
Edited by Stocks