Sexual Abuse Compensation & Claims Covering Scotland

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Sexual Abuse Compensation Claims Scotland

By Daniel Archer. Last Updated 24th August 2022. Within this guide to claiming sexual abuse compensation in Scotland, we will instruct you on firstly why you may have a valid personal injury claim, and secondly, how a personal injury lawyer could help you with it. We also include resources such as details of sexual abuse helplines. Once you have read this guide, you should be in a position to make informed decisions about your own claim.

sexual abuse compensation scotland

Sexual abuse compensation claims Scotland

Each Sexual abuse Scotland claim has unique circumstances. Therefore we cannot cover every conceivable situation in this single guide. This means that it may not answer all of your questions. If this is so, don’t worry, we can still help you. Please call our claims team on 0800 073 8804, who are available 24/7. When you do, an advisor will talk over your claim with you, answer all of your questions, and advise you on what your next move should be.

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A Guide To Claiming Sexual Abuse Compensation Scotland

Below, you will find our online guide to making a sexual abuse claim in Scotland. The idea is to provide you with a grounding in the basics of claiming sexual abuse compensation in Scotland. It will also set you in good stead when dealing with a lawyer. It covers both physical abuse in Scotland and mental abuse in Scotland. 

We will start this guide off with a basic introduction to what sexual abuse is and why it could result in a person making a compensation claim. We also give some background information in statistics related to sexual abuse in Scotland and the effect that it can have on the victim.

The next part of this guide takes a look at different types of sexual abuse, including child sexual abuse, as well as sexual abuse at home, which could be perpetrated by a family member. We also cover sexual abuse at work and wrap this part of the guide up with some advice on how to get help if you are or have been a victim of sexual abuse.

The last part of this guide presents some information that relates to some financial considerations. We have added a table that can give you an idea of the level of compensation you might receive if your claim is a success. A list of the kinds of damages you might be able to claim follows this table. Lastly, you will find an overview of the No Win No Fee claims process and the major benefits this kind of service can provide.

You can contact our claims team 365 days a year, 24 hours a day on the phone number down near the end of this guide or at the top of this page. Our team can answer any questions you might have and provide you with critical information, such as the personal injury claims time limit that will apply in your own case. Call us today to get your claim underway.

What Is Sexual Abuse In Scotland?

Sexual assault, sexual violence and other sexual offences are classed as criminal acts under Scottish law. Because of this, the procedure for claiming as a victim is a little different than a personal injury claim. As with a criminal injury claim, you will likely apply to the Criminal Injuries Compensation Authority (CICA) for compensation. The CICA acts as a surrogate defendant from the point of view of paying damages to a claimant. The CICA is a Government-run body that maintains a fund that is used to compensate the victims of criminal acts such as sexual assault, rape, sexual abuse, and stabbings. The body could help secure compensation for victims of crimes, such as sexual assaults and abuse. 

As we will see in the section that deals with statistics later in this guide, sexual assault is unfortunately all too common. However, in many cases, it can take the victim years to come forward and report it. The Sexual Offences (Scotland) Act 2009 (more on this in the section below) provides a legal framework for the protection of victims of sexually driven crimes and for the prosecution of sexual offenders.

We understand that for many victims of this type of abuse, it can be very difficult to speak to a stranger about it. Our claims team is aware of the sensitive nature of sexual assault claims and will make sure to treat you professionally and with compassion at all times. An advisor will be able to tell you more about making a claim if you call them using the number down at the bottom of the guide.

To find out more about claiming sexual abuse compensation in Scotland, please read on, or, if you’d like, you can call our office and speak to a member of our team about making a claim.

What Is The Sexual Offences Act 2009?

The Sexual Offences (Scotland) Act 2009 is the main body of law that deals with sex crimes in Scotland. Within this Act, we find a very detailed definition of what could be construed as a sexually driven crime.

The Act gives a description of rape as being penetration of the mouth, anus or vagina by the penis of the perpetrator without the consent of the victim. This part of the law also applies to genitalia that has been changed or created using surgery as part of gender reassignment treatment. Sexual abuse and sexual assault are further defined as:

  • Penetration of the anus or vagina by an object or by a part of the body (a finger, for example).
  • Semen being ejaculated onto the victim.
  • The victim being touched or fondled in a sexual manner and being forced to allow it.
  • Using physical force or intimidation to make the victim have sex with another party.
  • Making the victim look at pornographic images, videos, or other material.
  • Sexually harassing the victim in some way.

We can clearly see that the Sexual Offences (Scotland) Act is a comprehensive body of law. Victims of sex offences detailed above could be in a position to claim for the physical and psychological harm they have suffered. Why not get in touch with our team of expert advisors to learn more about this?

Sexual Abuse Statistics – Scotland

According to a published report by Zero Tolerance, it found the following rape, sexual abuse and sexual assault statistics for Scotland for the period 2017 to 2018:

  • There were 59,541 reported cases of domestic abuse.
  • For 82% of all reported cases of domestic abuse, women were the victim.
  • There were 2,426 cases of attempted rape and rape that were reported in this time period.
  • 5,123 cases of sexual assault were reported in this time period.
  • There had been an 8% increase in the total number of sex crimes reported to police in Scotland.

The graph below from the Recorded Crime in Scotland report shows the increase in rape, attempted rape and sexual assault in Scotland from 2009-2019.

sexual abuse compensation Scotland statistics graph

Sexual abuse compensation in Scotland statistics graph

Victims of sexually focused criminal acts are protected by the law in Scotland, giving them a right to attempt to claim compensation for the harm they have suffered. Speak to our claims team to learn how we can help you with this.

What Harm Could Be Caused By Sexual Abuse In Scotland?

Victims of gender-based violence, such as rape and sexual abuse in Scotland, are at risk of physical harm due to the potentially violent nature of the attack. Furthermore, there is a risk that the victim will catch some kind of sexually transmitted disease, with HIV being the most serious of these. 

However, it is the psychological damage that these kinds of crimes can cause that is often the most serious longer-term problem for victims. Sexual assault and other crimes can cause psychological damage such as:

  • Chronic depression.
  • Flashbacks to the event.
  • Post-traumatic stress disorder.
  • Self-abuse and harm.
  • Addictions and substance abuse.
  • Panic attacks.
  • Eating disorders.
  • Sleep disorders.
  • Suicidal tendencies.

What victims may not understand is that it isn’t just physical harm that can be claimed for. Psychological damage can also be the basis of a compensation claim. We can assist you in preparing and processing such a claim if you call our team and explain your situation. Contact us today to learn more about sexual abuse compensation in Scotland. 

Child Sexual Abuse Compensation Scotland

Making a compensation claim for child abuse is a traumatic experience in its own right. In many cases, the perpetrator of the crime is a family member or close family friend. Young children simply do not understand what has happened to them, and only the psychological symptoms and behavioural signs that follow the event are indicators that something traumatic has happened to the child.

In the most extreme of cases, sexual abuse in Scotland can continue regularly for many years, with the child believing this is a natural thing. In cases such as this, it may be many years later, once the victim has become an adult, that they feel ready to come forward and speak about their ordeal.

Of course, a child cannot make a compensation claim on their own. A person must be over 18 years old or more to make their own claim. However, litigation friends can claim on behalf of young people who can’t yet claim themselves. Any compensation awarded will be kept in a trust fund until the victim’s 18th birthday.

If you’ve been the victim of historic sexual abuse while in the care system in Scotland, then you may find it useful to search for the care home you lived in to see if they have a redress scheme for victims of abuse.  Lambeth Children’s Homes Redress Scheme is an example of a scheme that is currently underway.

Our team can assist in securing compensation for victims of crime who are under the age of 18. For more information about making a claim as the litigation friend of a child victim, please contact our expert advisors today.

Domestic Sexual Abuse In Scotland

What is domestic sexual abuse compensation in Scotland? A percentage of the sexual assault charges in Scotland fall under domestic abuse. A vast percentage of these crimes are committed against women and can include:

  • Sexual abuse, rape and sexual assault.
  • Coercive control.
  • Emotional abuse.
  • Physical abuse.
  • Financial abuse.
  • Stalking and harassment.
  • Online abuse.

Not every case of domestic abuse consists of all of these facets. Even so, the victims of sexual and domestic abuse in Scotland have the right to attempt to claim compensation for the psychological and physical harm they have suffered and also any financial loss. We can help with such complex claims. Explain your situation to our team for further advice.

Domestic Abuse By A Family Member

The majority of domestic abuse cases are perpetrated by a family member. In the case of sexual abuse, this could most likely be by the father, uncle or a male sibling. The abuse may have started at a young age and had been ongoing for many years of historic abuse. In some cases, the abuse might stop for a number of years, only to restart again at a later stage.

Sometimes it takes the claimant many years to come forward and tell their story. If a claim is made through the CICA, the time limit is 2 years from the date the crime was reported. There may be exceptions to this in cases involving historic sex abuse.

Sexual Abuse In Workplaces In Scotland

Sexual abuse, harassment and discrimination can take place at work. It is the duty of every employer to ensure that sexual harassment and discrimination is dealt with in the workplace whenever an official complaint is made by an employee. If a complaint is made and the employer fails to act on it, then the victim could take their employer to an employment tribunal using an employment law solicitor.

In the case of sexual abuse or assault at work, the victim could make a claim for sexual abuse compensation in Scotland for the physical and emotional harm they have suffered against your employer. We can provide you with a personal injury solicitor to facilitate this if you call our claims team.

Getting Help With Applications For Sexual Abuse Compensation In Scotland

Victims of sexual abuse, assault or rape in Scotland will need help and sexual abuse support in Scotland dealing with their ordeal. The main organisation that offers this kind of help is Rape Crisis Scotland. It operates a rape and sexual abuse helpline in Scotland that victims can call any time of the day or night.

Furthermore, depending on where in Scotland the victim lives, there may be local support groups that they can attend to get the help they need. 

If you need legal help and support, then we can provide it. One of our expert claim solicitors will be able to process an abuse claim for you.

Sexual Abuse In Scotland – Compensation Examples

When claiming sexual abuse compensation, it is possible to claim against the perpetrator themselves if they can be identified and have the funds to compensate you. However, if this is not possible, claims for sexual abuse in Scotland can be made through a government body known as the Criminal Injury Compensation Authority (CICA).

Compensation through the CICA is based on a set tariff in the Criminal Injuries Compensation Scheme 2012. Whilst you can claim for multiple injuries, not all of these are likely to be awarded at the full rate. The injury valued most highly is the only one that is awarded at its full rate. The 2nd and 3rd most valuable are then reduced to 30% and 15% of their respective listed figures.

Some injuries, such as the loss of a foetus, as are not discounted even when claimed alongside others.

We have included some examples of sexual abuse figures you could be awarded in compensation in the table below. They have been taken from the CICA tariff.

Edit
Injury Notes Amount
Mental injury Disabling mental injury lasting 6 weeks or more up to 28 weeks £1,000
Mental injury Disabling mental injury lasting 28 weeks or more up to 2 years £2,400
Mental injury Disabling mental injury lasting 2 years or more up to 5 years £6,200
Mental injury Disabling mental injury lasting 5 years or more but not permanent £13,500
Mental injury Moderately disabling permanent mental injury £19,000
Mental injury Seriously disabling permanent mental injury £27,000
Sexual assault A pattern of frequent severe abuse
(whether by one or more attackers) over a period of 3 years or more		 £22,000
Sexual assault Resulting in permanently disabling severe mental illness
confirmed by psychiatric prognosis		 £27,000
Sexual assault Of a child, resulting in serious internal bodily injuries £22,000
Sexual assault Non-consensual penile penetration of one or more of vagina,
anus or mouth (repeated incidents over a period of up to 3 years) 		£11,000
Sexual assault Non-consensual penile penetration of one or more of vagina,
anus or mouth (repeated incidents over a period of over 3 years) 		£13,500
Infection with HIV, Hepatitis B or Hepatitis C. Infection with one or more of HIV, Hepatitis B or Hepatitis C
(sustained as a result of any crime of violence).		 £22,000

A further option would be to try and find some form of personal injury claims calculator that can estimate your claim value for you. However, if you wish to receive a much more precise estimate of how much compensation you might receive if your claim is a success, then you will need a lawyer to evaluate your claim for you. We can arrange this for you if you give our claims team a call and ask them.

Special Damages Which You Could Claim

What could sexual abuse compensation in Scotland include damages for? If you win your claim for rape, sexual assault or sexual abuse in Scotland, you will receive a settlement that is made up of potentially two heads of claim. Compensation for victims of crime could be awarded in two parts. 

General damages cover the physical and psychological pain and suffering they have encountered. Many factors contribute to the final calculation of compensation, such as the level of trauma the victim faced, whether there are long-term health issues, and how badly the victim’s life has been affected. Examples of general damages include:

  • Loss of life quality.
  • Psychological harm.
  • Physical harm.
  • General pain and suffering.
  • Shock and trauma.

Special damages relate to ad-hoc and financial losses. When claiming for spending related to the claim that has already been paid out, the claimant will need to provide proof of this spending. Special damages might include:

  • Loss of future earnings.
  • Loss of wages/salary.
  • The cost of care.
  • The cost of private healthcare.

These are some of the most common types of damages, but there are more. You can speak to our team to learn what kinds of damages you could claim in your own case.

No Win No Fee Claims For Sexual Abuse Compensation Scotland

By using the services of a lawyer working under a No Win No Fee agreement, you will have secured the legal assistance you need to process your claim and also minimise some of the financial risks of doing so.

Also known as a Conditional Fee Agreement (CFA), under such a legal contract, you will not need to pay a new claims fee or any fee while the claim is processed. If the lawyer doesn’t win you any compensation, they won’t expect to be paid a fee. If they do win your claim, they will ask you to pay a small, legally capped success fee, which is deducted from the compensation award.

Start A Claim For Sexual Abuse Compensation Scotland

Do you believe you have valid grounds for a personal injury claim for sexual abuse compensation in Scotland? If you do, then contact our team of advisors on 0800 073 8804. They are available 365 days a year, around the clock, to help you. An expert advisor can explain the service we offer to you.

Essential References

These external websites have plenty of related information:

Rape Help And Advice – Contact the Rape Crisis Scotland sexual abuse helpline for victim support. 

CICA Compensation Explained

Support For Child Abuse Victims

You may also be interested in some of our other guides on criminal injury compensation claims:

We also have some other guides on sexual abuse compensation claims that you may find useful:

Sexual Abuse Victim Support

In this section, we provide information on sexual abuse victim support in Scotland. If you have been a victim of sexual abuse in Scotland, you can talk to them in confidence. They will also be able to help you learn more about other support organisation.

Sexual Abuse Helplines

These helplines could help support victims of sexual abuse in Scotland.

Rape Crisis Scotland – this is the national contact information for Rape Crisis Scotland. It can help both women and men who have been harmed because of sex-based violence. The organisation could also put you in contact with local services.

Archway Sexual Assault Referral Centre – this service operates 24 hours a day, covering the Strathclyde Police area. The service is available for people who have been sexually assaulted in the last 7 days or raped within the previous 24 hour period.

Scottish Women’s Aid – Scottish Women’s Aid helps victims of sexual abuse in Scotland by providing several services. These include safe accommodation, support and advice. Services are provided to women who have been sexually, physically or mentally abused by a former partner.

Scottish Child Abuse Inquiry- This inquiry will collect information on childhood sexual abuse of children in care in Scotland, the results of which will be presented to the Scottish Government.

Sexual abuse compensation claims in Scotland- FAQs

Do victims of abuse get compensation?

Yes. Abuse survivors can claim compensation if they were the victim of a crime, including abuse, even if the perpetrator was never caught or prosecuted.

Can I claim through CICA if I didn’t report the crime to the police?

No. You need to have reported the crime to the police in order to be able to make a claim through CICA.

How much money can you sue for pain and suffering?

There’s no one amount that will be paid to victims of sexual abuse. CICA will pay compensation depending on the extent of the injuries you sustained and how long you were affected.

Who will my compensation come from when I make a claim?

This depends on the circumstances in which you suffered abuse. Some claims, for instance against historical child abuse in a school, may be made against local authorities. Most of the time, the compensation comes from CICA directly.

How long does it take to make a claim to CICA?

CICA aim to pay out on all their compensation claims within 12-18 months of them being received.

What’s the time limit for making a claim for compensation for abuse?

You have two years to make a claim for compensation through CICA. Some claims outside this time limit might be considered if you can show exceptional circumstances stopped you from claiming before now.

Can I claim for loss of earnings in a CICA claim?

Yes. Victims of abuse can claim for any loss of earnings for any time off work over 28 weeks.

Can I claim for psychological injuries following abuse?

Yes. If your psychological injury has had a substantial effect on your ability to perform daily activities, you may be able to claim.

Thank you for reading our guide on claiming sexual abuse compensation in Scotland.

Guide by Wheeler

Edited by Billing

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