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Time Limit For Sexual Abuse Compensation Claims – View Online Help Guide

Time Limit For Sexual Abuse Compensation Claims – View Online Help Guide

October 3, 2019 8:53 am5 comments
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There are many crimes that are classed as sexual offences and this includes non-consensual crimes of a sexual nature whether against adults or children. If you were the victim of sexual abuse, you could be entitled to file for compensation through the CICA scheme no matter when the crime against you occurred. To find out more about the time limit for sexual abuse compensation claims, please read on.

The Definition of Sexual Abuse

As previously mentioned, there are many forms of sexual abuse which fall under serious crimes against adults and children. These crimes include the following:

  • Non-consensual rape or sexual assault
  • Crimes against children which includes sexual abuse and grooming
  • The exploitation of others for sexual purposes whether online or in person

This type of crime can be carried out by people which includes the following:

  • Strangers
  • Work colleagues
  • Friends
  • Acquaintances
  • A partner or ex-partner
  • Family members

It is worth noting that even if the crime against you happened long ago, the time that has passed does not prevent your assailant from being prosecuted for the sexual offences they committed against you. As such, you should seek legal advice from a lawyer who specialises in sexual abuse claims to find out how best to proceed with an application to the CICA scheme.

The Different Types of Sexual Abuse

Sexual abuse can involve many difference types of assault which includes the following:

  • Rape – forced penetrative intercourse whether vaginal, anal or oral by someone else, an object or other persons. If you said “no” or you were incapable of giving your consent to have sexual intercourse with another person, under the law this is classed as “rape”
  • Incest – this involves any sort of sexual behaviour/activity with a member of family/close relative who boast being a blood relative. It is worth noting that “consent” does not come into the equation because incest is itself “illegal”
  • Sexual exploitation – this refers to various kinds of abuse which includes child sexual abuse or when an assailant forces a child to perform acts of a sexual nature whether on themselves or their abuser

The Time Limit to File a Sexual Abuse Compensation Claim

Sexual abuse claims must be filed within 2 years of the offence having been committed against a victim. However, this 2-year deadline to filing a claim would not start until a victim turns 18 years of age should the crime against them have been committed when they were minors. The CICA scheme has made special provisions for applicants who were under 18 when a sexual abuse crime was committed against them.

However, it is always wiser to send in an application for sexual abuse compensation under the scheme as early as possible. If you cannot do this yourself, a guardian or parent is allowed to file an application to the CICA on your behalf. The reason it is best to file an application sooner rather than later, is that it makes it a lot easier for you to gather all the required evidence that a sexual abuse crime was committed against you which a CICA claims officer would need in order to assess your case.

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It is worth noting that if the sexual abuse or the period of sexual abuse had been reported to the Police prior to your 18th birthday, but an application for compensation through the CICA scheme was never filed, you have the right to file a claim right up until your 20th birthday. Should a report not have been made to the Police, you have the right to file an application within 2 years of the sexual abuse crime or period of sexual abuse having been reported to the Police.

You would be required to provide sufficient supporting evidence with an application to the CICA so that one of their claims officers can then come to a decision without the need of any further investigations being carried out for them to do so. Should you need to extend the time limit, you would need to provide the CICA with enough evidence to prove that an application could not have been made any earlier.

What the Same Roof Rule Means to a CICA Application

The “same roof rule” previously prevented anyone from seeking compensation through the CICA scheme if the incident against them happened between August 1964 and the end of September 1979 and their assailant was living as a family member when the assault occurred. The “same roof rule” no longer applies which in short, means that if you were prevented from seeking compensation because of the “rule”, you can now send in an application for sexual abuse compensation under the CICA scheme. If your application was turned down in the past because of the “same roof rule”, you now have the right to “reapply” to the CICA.

With this said, the time limit associated with applications which fall under the “same roof rule” must be received by the CICA within 2 years of 13th June 2019. The CICA does have discretionary powers to extend the 2 year deadline should you have been a child when you were sexually abused by an assailant or if exceptional circumstances prevented you from abiding by the time limit. However, all other requirements as well as criteria relating to eligibility would still apply if you want to seek sexual abuse compensation through the CICA scheme.

The CICA would only consider awarding sexual abuse compensation to victims who are blameless. They would also only consider applications from people who lost their loved ones through violent crimes. You would need to provide sufficient evidence that you were the innocent victim of a sexual abuse crime for your application to CICA to be accepted. As such, you should always seek legal advice from a solicitor before applying for sexual abuse compensation through the CICA scheme.

Having been sexually abused can leave you vulnerable and unable to trust people you know and strangers. It can be hard to come to terms with what has happened to you which is why seeking legal advice from a lawyer who knows how to deal with this type of sensitive case, can help you overcome any fears you may have about seeking the compensation your deserve. Having expert legal advice on how to go about filing a sexual abuse compensation claim through the CICA scheme would ensure that all the evidence you need to prove your case against your assailant is gathered in a timely manner.

The solicitor would act on your behalf taking a lot of the stress of having to cope with the stressful memories of your traumatic experience a lot easier to deal with from the outset. A lawyer would offer essential advice on the sort of evidence needed to make sure the CICA accepts your application and would do their best to ensure that the process runs as smoothly as possible from the outset to when you receive the money you are awarded through the CICA sexual abuse compensation scheme.

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Informative Links

To find out more information about the CICA scheme and how much sexual abuse compensation you may be awarded, please follow the link provided below:

Sexual abuse compensation

If you were the victim of sexual abuse and would like to have more information regarding the Criminal Injuries Compensation Act, please follow the link that is provided below:

The Criminal Injuries Compensation Act

If you would like more information on the “same roof rule” and how it no longer affects applications from blameless victims of sexual abuse, please click on the link provided below:

More information about the “same roof rule”