Sexual Abuse Criminal Injuries CICA Free Advice On Payouts
If you were the victim of an assault, it is the sort of traumatic experience that leaves you marked for a very long time. You may have suffered physical injuries but you could also be damaged psychologically with the result being that you develop post-traumatic stress disorder. PTSD is a condition that leaves you feeling anxious and unsure of who you can trust. To find out more about the help, support and advice you may require if you were subjected to a violent crime and whether you could be entitled to compensation for an assault, please read on.
Would My Assault Claim Be Valid?
An assault claim would be valid if the following applies to you:
- You suffered injuries in the assault
- One of your close relatives died
- You witnessed an assault on a loved one – you may have been present immediately after the assault occurred
- If a loved one died and you paid for their funeral costs
- If you suffered injuries while attempting to prevent an assault/crime
You may be able to make a claim for compensation if you took a “justified and exceptional” risk while attempting to prevent a crime from happening. An example being that you see someone in danger and you had no training to deal with the situation.
Is There a Time Limit To Making an Assault Claim?
If you were the victim of an assault, you must make your application to the CICA within 2 years of the date of the attack. It would be a mistake to wait for the outcome of a Court hearing because it could mean that you run out of time to file a compensation claim through the CICA scheme. There are exceptions to the 2 year deadline to making a claim for compensation with CICA. These are detailed as follows:
- The assault on you occurred when you were under the age of 18 in which case the time limit of 2 years would begin on the date of your 18th birthday. However, a claim can still be filed if you are under the age of 18 and the sooner CICA can investigate your case, the sooner you would receive the compensation you rightly deserve
- You were the victim of historic sexual abuse which was not previously reported. Once the assaults are reported, the time limit of 2 years would begin
- The assault on you left you with psychological issues and as such you were unable to file a claim on time. You would need to provide medical evidence from a psychiatrist or psychologist
What Are My Rights Following an Assault?
No one can stop you from reporting an assault to the Police because it is your rightto do so. The Police must also keep you informed of how their investigation is proceeding if the following applies to you:
- You were the victim of crime or an assault
- A close relative died which could be a partner, sibling or child
It is worth noting that your rights would be difference if you were the victim of a crime or assault in Northern Ireland or Scotland
What Happens When I Report an Assault to the Police?
When you report an assault or crime to the Police, they are obliged to give you the following:
- Written confirmation that you reported the assault
- The crime reference number
- The contact details of the Police officer who is dealing with your assault case
The Police must also do the following when you report an assault to them:
- Explain clearly what is going to happen next
- Let you know how often you would be given an update regarding the Police investigation
- Find out what sort of support you need by carrying out a “needs assessment”
- Request that Victim Support contacts you within 2 days
The Police must also ask the following:
- Do you want to provide a written statement detailing what effect the assault has had on you – which is referred to as a “victim personal statement” which can be used in court when deciding what punishment your assailant should be given when the case goes to court
What Happens During the Police Investigation into an Assault?
As previously mentioned, the Police are obliged to provide you with updates on how their investigation is proceeding. The Police must inform you within 5 days of the following:
- The suspect has been arrested or they have been charged with the assault
- If the suspect is released on bail or set free
- When the suspect is given a caution, a reprimand, a final warning, or a penalty notice
As soon as the Police finish their investigation into the assault on you, they would then pass the details of their investigation onto the Crown Prosecution Service (CPS) if they have come to the decision that a crime was committed against you.
It is the CPS that decides whether there is sufficient evidence to bring the assault against you to court. Should the Police or Crown Prosecution Service decide to drop the assault charge, you must be informed within 5 days of them making the decision. Should you disagree with the decision, you have the right to ask for it to be reviewed.
What About Privacy and Confidentiality When Reporting an Assault to the Police?
To further an investigation, the Police may provide some of the assault details to the press, but the Police would request your permission to do so. However, if you were the victim of a sexual assault or rape, it is unlawful for your name, your photo or any other information about you to be used in any publications.
What Emotional and Practical Help is Available for Victims of Assault?
If you were the victim of an assault in England or Wales, Victim Support offers essential emotional and practical help when you need it the most. If you are in Scotland, Victim Support Scotland provides both practical and emotional help to people who are the victims of a violent crime or assault. If you are a member of a trade union, your representative would also provide both advice and help if you were the victim of an assault.
Filing For Assault Compensation From The CICA Scheme
For your claim for assault compensation to be accepted, it must meet the strict criteria attached to claims made through the Criminal Injuries Compensation Authority – CICA. As such, you would need to provide the following:
- The location and the date the assault was committed
- The Police station where you reported the incident
- The crime reference number
- The name and address of your GP
- If you needed dental treatment, you would need to provide the name and address of the dentist who treated your injuries
- Whether you have made previous applications for compensation through the CICA scheme
- The details of all unspent criminal convictions you may have
- Proof of identity for both you (or people who are responsible for which could be a marriage certificate, birth certificate, deed pool or power of attorney)
If you provide any false or misleading information, it could lead to a prosecution against you. You would also be obliged to offer proof that you have attempted to get compensation or receive other money you may be entitled to. Examples being as follows:
- Benefits
- Insurance payments
- Civil court compensation payments
- Payments from a criminal court case – should the case have been heard in court
You would not have to wait to hear the outcome of any other claims you have filed in order to make a claim for compensation through the CICA scheme. Although it is not essential to be represented by a solicitor, it is far better to seek legal advice before proceeding with making an assault claim through CICA. The reason being that the legal process involved is fraught with pitfalls and the rules that apply must be respected for an assault claim to be accepted.
Sexual Abuse Criminal Injuries CICA Free Advice On Payouts
What Medical Evidence Do I Need to Provide if I Was the Victim of an Assault?
When you make a compensation claim through the CICA scheme, you would be told if a medical report is needed to support your case. This could cost anything up to £50 and financial help can be provided through the CICA scheme if you cannot afford or have difficulty paying for the report yourself. It is also worth noting that you may need to be assessed psychologically if you include mental injury in an assault compensation claim through the CICA scheme.
What if the Assault Happened Before 1st October 1979?
You can still file for compensation through the CICA scheme if you were a victim of an assault/crime if the following applies to your case:
- The crime/assault occurred between the following period – 1st August 1964 and 30th September 1979
- You resided with your assailant who was a member of your family at the time of the assault which is referred to as the “same roof rule”
Should the above apply to your claim, the deadline for filing a claim is 12th June 2021. You should seek legal advice from a lawyer if you want to go forward with your case because there are rules that apply which could affect how the CICA assesses your assault compensation claim and whether it is valid or not.
What Happens After I File an Assault Compensation Claim?
When you file your assault compensation claim, you would be given a reference number which you must provide whenever you need to contact the CICA. You case would be assessed by the CICA as follows:
- All the information and details of the assault on you that you provided when filing your application for compensation
- The information and details of the assault as provided by the Police which includes all the evidence that you provided to the Police when you reported the incident to them
- Your criminal record
- If required, the medical evidence provided by a doctor or other medical professional
Should the CICA require more information relating to the assault against you, they would contact you. You would also be informed of the final decision that the CICA arrives at.
Can I Appeal a CICA Decision?
If you disagree with a decision made by the CICA, you have the right to lodge an appeal through the Criminal Injuries Compensation Tribunal. The tribunal can rule the following should you decide to appeal:
- Uphold the decision that the CICA has made
- Reduce or increase the amount of compensation you are awarded
- Make the decision that you should not receive any compensation
- Request that the CICA reviews their initial decision
You would have 90 days in which to lodge an appeal to the tribunal and the time limit begins from the date that the CICA’s decision was reached. If you miss this deadline, you would have to provide why – the reason could be that you were awaiting essential medical reports.
It is worth noting that the “tribunal” is an independent body that is not attached to the government and as such, before coming to a decision, both sides get to put across their arguments.
Getting the Right Support if You Are a Victim of an Assault
If you need help and support because you were the victim of an assault, you can get in touch with Victim and Witness Information where you would find organisations that provide advice, support and help to people who need it. You also have the option to represent yourself when your case goes before a tribunal, but it is essential that you seek legal advice from an experienced solicitor beforehand.
The Victim and Witness Information website provides the following to victims of an assault and crime:
- Counselling
- Emotional support
- Finding somewhere safe for you to stay
- Finding somebody that you can speak to and receive the support/help you require
- Providing specialist support for crimes which includes assault, sexual violence and domestic abuse
If you live in Scotland or Northern Ireland and you were the victim of an assault, the victim support provided differs from that in England and Wales.
What is the Victim Contact Scheme?
If the assault on you involved any of the following, you would be requested to join the Victim Contact Scheme:
- You were the victim of violent crime or a sexual assault
- Your assailant’s prison sentence is 12 months or more
You would be provided with a Victim Liaison Officer who would keep you informed of the following:
- The length of time your assailant would be in prison and whether there are any changes to the sentence, and the date of their release
- When your assailant would be up for parole
- Help you put together a victim statement at your assailant’s parole hearing
- Advice on applying for a “licence condition” which prevents your assailant from carrying out specific things once they are released from prison and this includes contacting you
- Advice on challenging a parole decision
It is important that you keep your Victim Liaison Office of any changes in your contact details for them to be able to keep you appraised of all changes that may happen relating to your assailant. You can decide not to join the Victim Contact Scheme but you do have the option to change your mind at a later date if you choose to.
What Can I Do If My Assailant Tries to Contact Me After an Assault?
If your assailant attempts to contact you whether by letter, phone, texts or by any other means you can report this to the HM Prison and Probation Service (HMPPS) Victims Helpline
If you are worried about what may happen when your assailant is released from prison, you should also contact the HMPPS helpline.
Seeking Legal Advice If You Are the Victim of an Assault
Although you can choose to represent yourself when making a claim through the CICA scheme, it is far better to seek legal advice from a personal injury lawyer because there are rules that apply to applications that must be respected. Failure to do so could result in your application being turned down. A solicitor has the necessary experience when it comes to representing victims of an assault and know what protocols must be respected for a claim for compensation through the CICA compensation 2012 scheme to be valid.
Once the lawyer has assessed the evidence you can provide and feel that you have a strong case, they would represent you on a No Win No Fee basis. This means that you would not have to worry about paying legal fees until you receive your assault compensation which would be directly deducted by the solicitor from the amount you receive through the CICA scheme.
Sexual Abuse Criminal Injuries CICA Free Advice On Payouts