How Much Compensation For A Rape Victim Claim? – 2018 Update
According to recent statistics by Rape Crisis, close to 97,000 women and men are reportedly raped every year in the United Kingdom, while at least half a million adults are sexually assaulted.
The aftermath of sexual violence incidents such as rape can pervade the victim’s daily life in many different ways. Rape may cause physical injuries like bleeding, soreness, fractured bones and dislocation. It may also cause other lingering mental and psychological damages, such as post-traumatic stress disorder (PTSD), depression, low self-esteem, dissociation and shock.
If you have been a victim of rape or any form of sexual violence, our legal team can help you claim for compensation.
If you have any questions about how to claim for compensation in these circumstances, this guide will provide all the information you need. For any further questions, feel free to contact our team at any time.
Select a section:
- A guide to making a compensation claim for rape.
- What is rape?
- Claiming for physical injuries caused by rape.
- Claiming for psychological damage caused by rape.
- What is the criminal injuries compensation authority (CICA)?
- How does the criminal injuries compensation authority work?
- Is there a time limit for making a CICA claim for rape?
- Rape and sexual assault facts and statistics.
- Assessing the severity of physical and psychological damage following rape.
- The long-term effects of physical and psychological damage following rape.
- What to do if you need to make a rape claim?
- What can a victim of rape claim for?
- No win no fee rape claims.
- How much can I claim as a victim of rape?
- How to start a rape claim.
- Why choose us as your claims service for a rape claim.
- Call for free advice and to start a claim.
The Office of National Statistics revealed that there was a 37% increase in crime figures involving rape and sexual assaults in 2016 when compared to the previous year. Rape continues to be an issue in the UK and the procedures for recording, investigating and protecting victims are sometimes deemed insufficient.
If you have been a victim of rape, you may be able to receive compensation for being attacked and sexually assaulted under the Criminal Injuries Compensation Scheme 2012. You may receive compensation for the physical and emotional injuries caused by the incident, as well as financial compensation for all medical and rehabilitation expenses, losses of income and opportunities and any other losses you may have suffered as a result of the accident.
In this legal guide, we give a clear and simple explanation as to how the rape victim compensation scheme might be useful. We will cover all relevant topics, including the legal definition of rape, general estimations of how much compensation for rape victim cases, how to claim for physical and psychological damages caused by rape, and what to do if you need to make a rape claim.
We understand that every case is unique and you may have your own personal questions after reading the guide. We are happy to offer you a free consultation session so that you can get answers to your questions. Please use the contact details in the final section to start your free session today.
Legally, rape is a term used to describe any unlawful sexual intercourse. This includes penetration of a person’s vagina, anus or mouth using a sex organ, body parts or any other objects without the consent of the victim.
Rape is different from sexual assault. If someone touches you in a sexual way or forces you to perform any non-penetrative sexual acts against your will, this is regarded as sexual assault. For the incident to be legally considered a rape, it has to involve penetration without consent.
Women are not the only victims of rape; men, women and children can be victims of rape and can be similarly entitled to claim compensation.
Rape is usually forced and done in a violent way. This level of force and violence can cause the victim to sustain physical injuries. Rape may lead to physical injuries such as genital injuries and soreness, vaginal or anal bleeding and infections, sexually transmitted diseases, cuts and bruises (especially around the pelvic area), abrasions and swelling around the genitals, beating and choking injuries and tears of the perineum (the tissue connecting the anus with the vagina). The physical effects of rape may show up immediately or, in some cases, become evident after a few weeks.
If you didn’t give consent for a person to have penetrative sex with you and you suffer from any physical injuries from rape, you may be able to claim for damages from the Criminal Injuries Compensation Authority (CICA), from your attacker or from their employer. This could help you pay for medical attention and cover the other costs of rehabilitation.
If you can identify the person who attacked you, it’s possible to claim compensation from them, provided that they have enough assets to cover the damages. In cases where the person who attacked you was representing an organisation or acting in the course of their employment when the assault occurred, you may be able to claim damages from their employer.
Our expert legal team will let you know how (and against whom)to make your claim after reviewing the facts of your case.
The psychological effects of an attack can be just as devastating as the physical effects. For most victims, the physical injuries may heal in time but the psychological damages can remain for many years and beyond.
The psychological damages the victim may suffer from rape can include post-traumatic stress disorder, characterised by intense fear, feelings of helplessness, lack of trust, irritability, depression, violent flashbacks, mood swings, bitterness and lack of concentration.
Rape can lead to low self-esteem, dissociation, eating disorders, neurosis, sexual disorders, self-blame and self-hate and shame. Rape victims are also sometimes exposed to bullying, blame and rejection by members of the public. You may also miss out on a number of opportunities such as dating, friendship and social opportunities, due to lack of trust, inability to work due to depression and irritability and a lack of sleep as a result of psychological problems amongst other issues.
The negative psychological effects of rape are one of the reasons why you should never pass on the opportunity to receive victims compensation payments.
The Criminal Injuries Compensation Authority (CICA) is an establishment set up and funded by the UK Government to handle compensation claims from victims of mental or physical abuse.
The agency is sponsored by the Ministry of Justice and awards compensation worth more than £200 million to victims of violent crimes every year. The agency only awards victim support compensation amounts to victims of violent crimes who were not to blame for the incident, people who have sustained injuries as a result of the crime or whilst trying to prevent or protect themselves from the crime.
The CICA may also award compensation to innocent bystanders who were mentally or psychologically affected by the aftermath of a violent crime or to relatives of the victims of violent crimes who have lost their lives as a result of the crime.
The CICA handles criminal injury compensation claims in the UK, covering the victim’s loss of earning, medical expenses, child and dependency payments, bereavement payments and other expenses related to the aftermath of a violent crime.
The CICA is able to award compensation to victims of rape and sexual assaults, even if the guilty party has not been caught. The CICA considers the following factors when reviewing compensation applications:
- Whether or not the case was promptly reported to the police and any other prosecuting authority.
- Whether or not the victim sought medical care for the injuries sustained.
- The nature and extent of the injuries.
- The circumstances surrounding the incident, especially whether there was consent from the victim or not.
- Evidence of the crime such as witnesses’ statements and psychiatric reports.
- Character and conduct (your behaviour before and after the incident).
- Your past criminal records.
- Cooperation with the CICA, the police, the criminal justice system, and all other relevant bodies.
The process of making a claim for rape from the CICA may seem simple, especially as many of the forms and documents are obtainable on the website of the Ministry of Justice. However, the case can become complicated very quickly, as the CICA has many strict and complex procedures leading to the reviewing of cases and determining eligibility for compensation.
With experienced solicitors on your side, it becomes easier to plead your case and obtain compensation, as our experienced solicitors will be able to guide you through the filing process.
The time limit for making a claim for rape under the CICA is two (2) years from the date the incident occurred or the date which a report was made to the police. These time limits are very strict and, if you did not report the case or make your claims within this time frame, you may no longer be eligible to claim for compensation.
We understand that many victims of rape are usually hesitant to come forward and claim compensation due to trauma and fear. Our team of legal experts understand how you feel and we can offer you the necessary protection and the support you need to be able to claim compensation from the CICA without putting you through further stress.
For those interested in a potential claim, the statistics and facts related to rape and sexual assault can offer insight into your own case. These include:
- Police data in the UK show that there were at least 29,625 reported cases of rape between 2015 and 2016.
- Rape Crisis responded to at least 171,000 helpline calls between 2015 and 2016. This amounts to about 3,000 calls per week.
- 95% of people who received help from Rape Crisis were women, 1,700 were less than 15 years old and 33% were under 25.
- At least 85% of rape cases go unreported and at least 90% of rape victims know the perpetrator of the crime.
- At least 1 in 5 women between the ages of 16 and 59 have experienced one form of sexual violence during their lifetime.
- Rape cases have one of the lowest conviction rates in the UK as only about 5.7% cases result in conviction of the perpetrator.
If you are interested in making a claim for compensation, speaking to a solicitor today can make the process much, much easier.
One of the factors that may be considered by the CICA before awarding compensation is the severity of the physical and psychological injuries you have suffered as a result of the sexual assault and how the injuries you sustained are likely to affect your finances and your life in general.
The CICA only pays compensation to people with the most serious injuries and to victims who have been affected by the most distressing crimes. They also make payments to people who have existing injuries which were made worse by sexual violence. Payments would also be made only for injuries valued above £1,000.
The CICS compensation scheme pays for three of the most severe injuries sustained. If you sustained more than one injury, the CICS pays 100% of the tariff amount for the most serious injury, 30% for the second most serious, and 15% for the third highest. The scheme would not award payments for more than three injuries except in cases where the victim becomes pregnant, loses a foetus or contracts a sexually transmitted disease.
The CICA also pays for medically recognised and verifiable psychological injuries caused by rape. For temporary psychological trauma, victims receive a payment of £1,000 (at most) but if the psychological damages are expected to last a lifetime, as verified by a physician, the victim may be able to receive more than £1,000. The CICA would only pay for the most serious psychological damages in cases where the victim suffers more than one injury.
A physician may have to perform a thorough medical examination and give an opinion on the extent and severity of the injuries you sustained from the incident. This medical report will be used as backup evidence when filing your claims.
Rape can have many of the most serious long-term effects on a victim when compared with other criminal injuries. Even if the rape doesn’t leave any physical effects, the psychological effects could be devastating.
Physically, rape may lead to unwanted pregnancies which may leave the victim with the burden of caring for a child they did not anticipate. It may lead to sexually transmitted diseases and uterine fibroids that may not be immediately noticed or diagnosed. Rape may also cause physical injuries that cause the victim to become dependent on other people for survival.
Regarding psychological issues, the long-term effects of rape could cause distrust, depression, withdrawal, dissociation and personality disorders that may negatively impact your ability to take up or retain certain jobs, start and hold social relationships or maintain a healthy self-esteem.
All of these physical effects can affect your ability to lead a normal and happy life in the future. You could eventually spend a lot of money on treatment and rehabilitation and you may also lose life opportunities because of the attack.
The CICA puts all of these into consideration before awarding compensation and, if you have a good solicitor to help you file your claim, you may be able to get compensation for all potential physical or psychological damages you have suffered.
The way in which you handle the situation following an attack can determine whether you are eligible to make claims from the CICA or otherwise. If you have been raped, in addition to informing the police and seeking medical assistance as a priority, we recommend that you:
- Retain as Much Evidence as You Can: Don’t take off your clothes or take a shower immediately after the incident. This may destroy significant forensic evidence. Wait until you report the incident before doing this. You should also try to write down everything you remember about the incident and your attacker.
- Report to Law Enforcement: You can visit your local police department to report the case or call the Rape Crisis helpline to report the incidence. Make sure the incident is well documented.
- Make a Formal Report: If you were raped within commercial premises such as a hotel, a school or business premises, ensure that you make a formal report to the management too.
- Visit a Medical Centre: It is very important that you visit a medical centre after a sexual assault. A medical professional would be able to examine you, collect all necessary forensic evidence and provide a professional statement on the impact and consequences of the assault.
- Document all Losses: Keep all receipts and evidence of financial expenses or losses suffered as a result of the assault.
The last but most important step is to engage a legal expert to help you file your claims with the CICA or against the perpetrator. This should be done as soon as possible, so as to avoid exceeding the 2-year legal time limit for making such claims.
The Criminal Injury Compensation Scheme (CICS) provides payment for different types of damages including:
- Injury Payment: Injury payments are meant to cover the cost of treatment and inconveniences caused by the injuries you sustain from a rape incident. It provides payments for physical and mental injuries.
- Loss of Earnings: If your physical injuries or psychological injuries impair your ability to work or cause you to lose your job, you would also receive compensation for that as long as you can provide evidence to proof that you had an established work history as at the time of the incident and the incident was the direct cause of your loss of earnings capability.
- Special Expenses: You can also claim for special expenses covering damage to your property, special equipment or physical aids to help you cope with physical injuries, adaptations to your home to improve your independence, funeral expenses and the costs of medical care, especially for physical and mentally incapacitated victims.
If you suffered any other specific injuries, you should talk to our legal team. We would be able to review your case and let you know if you are eligible for a claim and how you can win the highest possible compensation for your injuries.
After suffering a traumatic experience such as this, it’s important that you get the right legal advice and support while reducing your stress and allowing you time to recover in peace. To us, worrying about how to pay legal fees when you need to make a claim can only add undue anxiety to an already difficult situation. This is why we offer a ‘No Win No Fee’ rape claims service.
Our ‘No Win No Fee’ service is a Conditional Fee Agreement (CFA) that grants you the ability to pay for legal services only when you receive compensation for rape claims. It simply means that if the claim is not successful, you wouldn’t have to pay any fees. When the case is resolved and you are awarded compensation, we will take our costs from the final settlement amount.
Without looking into the specific facts of your case, even a criminal compensation calculator can only offer you an estimate of how much you can receive from the CICA for rape claims. The CICA, however, sets out a tariff for injuries as seen in the table below:
|Rape/Sexual Assault||Minor - Severe||£11,000 to £44,000||Compensation is calculated based on severity of the assault, and also ongoing psychiatric damage.|
|Psychiatric Damage||Minor – Severe||£3,000 -£88,000||Additional potential compensation based solely on long-term psychological effects of the attack.|
|Toe Injury||Mild to severe||£7,300 - £42,600|
|Foot injury||Minor -Very Severe||£10,450 -£153,200|
|Achilles Tendon Injuries||Minor – Severe||£5,525 - £29,200|
|Ankle Injury||Minor- Very Severe||£10, 450 - £53,000|
|Knee Injury||Moderate – Severe||£19,900 -£73,125|
|Leg Injury||Moderate – Severe||£21,100 - £214, 350|
|Arm Injury||Moderate – Severe||£14,600 - £99,500|
|Shoulder Injury||Minor – Severe||£6,000 -£36,500|
|Neck Injury||Minor – Severe||£6,000 -£112,750|
|Back Injury||Minor – Severe||£9,500 -£122,350|
|Brain Damage||Minor – Very Severe||£1,675 -£307,000|
|Eye Injury||Minor – Permanent||£3,000 -£136,700|
|Chest Injury||Minor – Severe||Up to £114,100|
|Deafness||Partial – Total Deafness||£34,600 -£83,325|
|Burns||Minor-Severe||Up to £33,000|
To receive specific evaluations of how much your claim is worth, discuss the matter with our legal team.
When you have made the decision to make your claim, you should use the contact details at the bottom of this page to start a free consultation session with us. You don’t have to pay any fees for this chat session; it simply helps us to review the facts of your case and analyse the evidence you already have. We would also be able to advise you on other necessary steps you may have forgotten to take.
After the consultation session, we may arrange for an appointment with a local doctor and/or a forensic expert to provide a professional opinion on the extent and consequences of your injuries. This can help diagnose any long-term and latent issues following an attack.
Afterwards, we would begin your claims procedure and continue to update you and support you until you get your cheque. If you want to make a claim, having professional assistance can greatly improve the experience.
When you want to make a claim for compensation, it is important to have the right professional help on your side. In cases of criminal injury compensation, how long does it take is one of the key issues. We want to make the process as quick, easy and as pain-free as possible for you. As such, we provide many advantages when compared to other law firms.
We understand your need for privacy and protection in sensitive cases such as this and we assure you of utmost confidentiality, empathy and respect. We have both male and female solicitors on our team, in case you have any preferences, and all our experts are friendly, well-trained and of impeccable professional experience. We can offer a ‘No Win No Fee’ approach, a free legal consultation, and can arrange for an appointment with a local medical specialist.
We assure you of a friendly and satisfying experience when you choose us as your claims service when making your compensation claim.
For the highest quality legal services available, there is only one law firm you need to call. We’re here to help you settle your claim for compensation. Call us on 0800 073 8804 for free legal advice or chat with us using the contact form or web chat facilities on our website. We’re ready to start your claim today.
Rape Crisis England and Wales – helpful information for women and girls who have been raped or have experienced any other form of sexual violence
NSPCC Non-contact sexual abuse involves non-touching, such as grooming, exploitation, persuading children to perform sexual acts over the internet and flashing.
if you’ve been sexually abused, or know somebody who has, Childline is here to help.
If you’re the victim of rape or sexual assault, the police organisations are there to help. Call 999 to report a rape or attempted rape as soon as possible.
Information on sexual abuse and rape also find out how you can support a friend and how to recognise the signs of abuse. Abuse includes domestic violence, rape and sexual assault.
Find out how much compensation you can claim for sexual abuse and get free legal advice from our experts.