Can I Claim Compensation For Historical Abuse?

If you’ve suffered historical abuse, you could be eligible to claim compensation through the CICA. The term ‘historical abuse’ (or non-recent child abuse) describes incidents of sexual abuse committed when the person was a minor. The impact of historical sexual assault can leave the person with serious physical and emotional injuries, such as internal bodily harm or psychological damage like post-traumatic stress disorder (PTSD).

To compensate for this, a claim for historical sexual abuse can be made through the CICA. To move forward, you need to meet the following eligibility criteria:

The crime needs to be reported to the police.
Harm must have been the result of a ‘crime of violence’. This is defined by the CICA as a physical attack, or other violent act or omission causing physical injury, threat that causes fear of immediate violence, sexual assault and arson.
The incident must have taken place in either England, Scotland, or Wales (or some other relevant location such as a boat registered in Great Britain).
The claim must start within the CICA’s time limit of typically 2 years from the incident date. Exceptions can apply for exceptional circumstances.

For immediate help with eligibility, speak to our team. A team member can help answer whether you can claim compensation for historical abuse via a free eligibility assessment.

Can Claims Be Made For Abuse Outside Of The UK?

You may be entitled to compensation if the incident took place abroad. However, it will depend on the country in which the incident took place. Please speak to a member of our team for further information.

Does Historical Abuse Need To Be Reported To Claim?

Any instance of historical abuse needs to be reported to the police in order to make a historical abuse claim through the CICA. It is advisable to report a sexual assault as soon as possible and obtain a crime number, unless you can demonstrate that exceptional circumstances prevented this.

You may have been too young to take action at the time. In cases like this, you can still report the crime to the police years later and may qualify to seek compensation from the CICA.

A helpful advisor can assess whether you could claim compensation for historical abuse. Use the contact information at the top of the page to speak to a member of the team.

The Average Amount Of Historic Sexual Abuse Compensation

Knowing the average amount of historic sexual abuse compensation may not be especially useful for you. The CICA will consider various factors when deciding what you could be awarded. This includes your physical and psychiatric injuries as well as any special expenses and lost earnings. The CICA will compensate victims of violent crimes, including historic sexual abuse up to £500,000.

If you’re claim for sexual abuse is eligible via the CICA, your physical and psychiatric injuries are valued according to particular tariffs laid out in the Criminal Injuries Compensation Scheme 2012.

These amounts are fixed, and if successful, you will receive the amount that relates to the injury you suffered (before deductions are made). However, if you need to claim for multiple injuries from the main tariff, a formula will be applied as follows:

100% compensation relating to the highest valued injury,
30% for the second highest,
15% for the third.

Injuries that are not covered by the main tariff will not be subject to this formula. These include:

Pregnancy.
Sexually transmitted infection (STI).
Loss of a Foetus.

Below, we have used some examples of CICA tariffs that might apply in historical sexual abuse compensation claims. Please note that the top line figure is not taken from the scheme’s tariff:

CICA Tariffs

Injury	Severity	Tariff Amount
Multiple types of harm, special expenses and loss of earnings.	Severe	£500,000
Non-consensual penile penetration of one or more of vagina, anus or mouth	Serious bodily injury and a permanently disabling, severe mental illness	£44,000
	Serious bodily injury and a moderate permanently disabling mental illness	£33,000
	Permanently disabling and severe mental illness	£27,000
	Permanently disabling and moderate mental illness	£22,000
	Repetitive pattern over incident over the course of 3 years by one or more attackers	£16,500
	One (or more) incidents involving two or more attackers	£13,500
Sexual Assault	Severe mental illness that is permanently disabling	£27,000
	Moderate mental illness that is permanently disabling	£22,000
	Causing serious internal bodily injury	£22,000

What Other Historical Abuse Compensation Could I Get?

Additionally, you might successfully apply for special expenses as part of your historical abuse compensation claim. These reflect the monetary harm caused by the historic abuse. With the correct documented evidence, this can include:

The cost of home adaptations needed to deal with your injuries (such as building wheelchair access to your home).
The expense of equipment needed to cope with your injuries, such as a mobility chair.
Any personal items damaged during the incident that you relied upon, such as a hearing aid, eyewear or other essential equipment.
Care costs that relate to help with food preparation or personal care.

Any special expenses claimed must be necessary, reasonable and not freely available elsewhere. You could also be compensated for the lost earnings related to the consequences of the abuse. However, specific eligibility criteria must be met to claim this.

Accurately calculating what is potentially owed to you is important, as you want to put forward the most comprehensive claim possible. So, when asking ‘Can I claim compensation for historical abuse?’, it can be very beneficial to consult a solicitor.

How Do I Claim For A Historical Assault?

When seeking compensation for historical abuse, you might be asked to submit certain pieces of information, such as:

The police crime reference number.
Proof that you meet the residency requirements.
Medical evidence of related physical and/or psychological harm.
Documented evidence of financial loss under special expenses.

Because the CICA liaises directly with the police, you don’t need to wait for a conviction to start the claim or for any assailant to be caught. With historic abuse claims based on the balance of probabilities, the CICA process is different to criminal cases, where guilt must be proven beyond a reasonable doubt to secure a conviction. Call if you wish to discuss how a solicitor can help you claim compensation for historical abuse through the CICA.

What Is The CICA Time Limit For Making A Historical Claim?

As mentioned, the general rule for a CICA time limit is 2 years starting from the date the crime occurred if you were an adult at the time of the incident. However, special provision is made if you were under the age of 18 at the time of the incident, such as in cases of historical abuse. In these cases, you must make the claim within 2 years of reporting it to the police.

Should you want an extension on this time limit, you will need to provide the CICA with evidence that shows why the claim could not be made sooner. One of our solicitors could help you with this when making a historical abuse claim. Speak to an advisor to find out how.

How Long Do Historic Abuse Claims Take?

The CICA aims to assess most applications within 12 months, and the same applies to historic abuse claims. However, it could take some more time to receive historical abuse compensation if:

You’re still being treated or recovering from your injuries.
Your claim is particularly complex, or there is a large volume of evidence.

Your historical sexual abuse compensation claim will include the following steps:

Using the reference number, the CICA will contact the police for more information on your case.
They may reach out to you for more information if required.
You will receive your final decision by post.

A longer waiting period can be frustrating in a historic abuse claim. However, this increased time reflects how the CICA is considering all the available information to ensure that you are compensated fairly for your injuries. Please note that the CICA will not respond to any requests for application updates, and they will contact you only if they need additional information before arriving at a final decision.

Contact our advisors for more information on how long a criminal injury claim takes. Based on the facts of your case, they will outline the approximate time period and will answer other questions, such as ‘Can I claim compensation for historical abuse?’

No Win No Fee Historical Abuse Solicitors

If your historical abuse claim qualifies, our solicitors could take it up and manage the process for you under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Working with our solicitors in this way means:

You won’t have to pay upfront solicitors’ fees to start working together on your claim.
No solicitors’ fees apply as the claim process develops.
If the historical abuse compensation claim is unsuccessful, no solicitor’s fees apply for completed work.
A claim that settles in your favour requires payment of a small percentage of the compensation you receive.
This ‘success fee’ is restricted by law and agreed upon prior to work commencing.

How Our Solicitors Can Help

Our solicitors have years of experience in securing compensation for historical abuse cases and can make the claim process as hassle-free and simple as possible, supporting you every step of the way. They can:

Chase up essential evidence, like medical reports.
Communicate with the police and the CICA on your behalf.
Take into account all the factors that have increased your suffering (such as financial loss)
Keep you updated on the claims’ status.
Explain complex legal terminology that might arise.

So, to find out whether you can connect with our specialist criminal injury solicitors, please contact us for free today at a time that suits you.

Contact Legal Expert

Our solicitors have helped recover over £80 million in compensation for their clients, and they could be in a position to help you. Find out if we can help you claim compensation for historical abuse today:

Use our online live chat below to start a conversation.
Contact us online.
You can call us on 0800 073 8804.

More Information

We hope this guide has helped answer the question, ‘Can I claim compensation for historical abuse?’ Alongside this guide, these other guides may help:

Here we provide some research statistics on sexual abuse.
Also, read about the abuse compensation paid to victims in Lambeth children’s homes.
Learn more about the Criminal Injuries Compensation Scheme with this helpful guide.

External support:

This resource looks at support reforms from GOV.UK for child abuse survivors.
Here is information about the Rape Crisis charity for England and Wales.
Help and advise for rape and sexual assault victims from the NHS.

In conclusion, we hope that this guide has helped answer the question, ‘Can I claim compensation for historical abuse?’ Please reach out to the team if you need any further guidance on the topics raised.

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