Sexual Abuse Criminal Injuries CICA Free Advice On Payouts
If you were subjected to a sexual assault as an adult it could have drastic, long-lasting effects on you. You may find it hard to cope around people which could negatively impact your ability to work. Many victims of a sexual assault have trouble accepting they were not at fault, that it may have been their fault that they were sexually assaulted but in reality, it is the assailant who should be ashamed of their actions.
To find out more about sexual assault claims and how to go about seeking compensation through the Criminal Injuries Compensation Authority, please read on.
What is the Definition of Sexual Assault?
If a person touches you in a sexual manner without your consent, it could be construed as sexual assault. Sexual assault differs from “rape” in that an assailant penetrates your vagina or anus with any body part but not their penis. An attacker may use an object when sexually assaulting you without your consent. The definition of sexual assault or indecent assault is as follows:
- The act of physical, emotional and psychological violation as a form of sexual act which is inflicted on you without your explicit consent
Sexual assault can also involve an assailant forcing you or manipulating you into participating or witnessing sexual acts.
Sexual assault does not necessarily involve any type of violence, nor could you be left with a physical injury or noticeable marks.
The Police treat sexual assault as a very serious crime and have specially trained officers who deal with you when you have been subjected to such a traumatic event.
Would My Sexual Assault Claim Be Accepted By the CICA?
For a sexual assault claim to be accepted by the Criminal Injuries Compensation Authority, it must meet specific criteria which are as follows:
- The sexual assault must have been reported to the Police who would provide you with a crime reference number
- You must fully cooperate with the Police during their investigation of the sexual assault
- You must respect the deadline for filing a sexual assault claim through the CICA scheme which is set at 2 years from the time of the assault and the report to the Police – this can be extended in exceptional circumstances which includes if a victim has mental health issues
If you need advice on how best to proceed when filing a sexual assault claim through the CICA, it is best to discuss your case with a personal injury lawyer first. The reason being that applications to the authority must provide adequate evidence that a crime was committed for it to be accepted.
The Consequences of Being a Victim of a Sexual Assault
Being sexually assaulted or abused is a serious crime that can have long-lasting effects on you. It can lead to you suffering from post-traumatic stress disorder (PTSD) with some of the symptoms being depression, anxiety, lack of confidence and trust in people around you. Many victims of sexual assault feel they may be at fault which leads to them suffering from the following feelings:
- Shame
- Guilt
However, seeking advice and support from people you can trust can help you get back on the road to recovery albeit slowly because nothing happens overnight when you experience such a traumatic event. The serious distress that you experience when you are a victim of a sexual assault can take a long time to get over with memories of the event staying with you for the rest of your life.
Who Can I File a Sexual Assault Claim Against?
If you were the victim of a sexual assault, you would be entitled to file a claim for compensation against your assailant. However, depending on the circumstances surrounding the assault on you, you may be able to seek compensation from other parties which includes the following:
- An employer who failed in their duty to keep you safe from harm in the workplace
- An institution should the assault on you have happened on their premises while you were carrying out jobs you were tasked to do
- An organisation should the assault on you have taken place on their premises while your assailant was carrying out their job
If you decide to seek compensation for sexual assault, you should discuss your case with a personal injury lawyer who would quickly establish who could be held liable. The solicitor would offer essential advice on the type of evidence required to prove an assault claim against a third party and how to go about seeking compensation through the CICA scheme.
How to File a Sexual Assault Claim?
You would need to gather as much evidence of the sexual assault against you which would strengthen your case. You must preserve as much evidence as you possibly can. Other evidence that would be required includes the following:
- If you were injured in the sexual assault, take photos of the injuries you suffered before you receive any treatment
- Keep the clothes you were wearing at the time of the sexual assault as there could be essential forensic evidence the Police could use when building a case against an assailant
- Get a medical report from the doctor who treated you
- Keep a record of all your hospital appointments
- Get the names of all witnesses of the sexual assault, this includes witness statements and their contact details – this includes any people you told about the sexual assault you were subjected to
If there are no witnesses to the sexual assault you were subjected to, courts understand that many cases of this type of assault are not carried out in public. As such, a detailed description of the assault that you give to a court is usually sufficient, more especially if there is a Police report that supports a sexual assault claim against an assailant.
Do I Have to Attend Court if I File a Sexual Assault Claim?
If you live in England or Wales, you are entitled to anonymity if you bring a sexual assault claim against an assailant. You can remain anonymous throughout the entire compensation process. Should your sexual assault case go to court, you could choose to provide evidence over a video link. With this said, the majority of sexual assault claims get settled before they go before a judge in court.
Sexual Abuse Criminal Injuries CICA Free Advice On Payouts
What Happens If My Assailant Has No Money?
If your assailant has no money, you can still claim sexual assault compensation through the Criminal Injuries Compensation Authority (CICA). The best course of action should this be the case, is to contact a personal injury lawyer who would recommend the best way to proceed and whether your case stands a very good chance of being accepted by the CICA.
What is the Criminal Injuries Compensation Authority – CICA?
The CICA is a government run body that provides compensation to those who have been subjected to violent crime such as a sexual assault. The authority was set up in the mid-sixties and every year, anything up to 35,000 cases are dealt with by the Criminal Injuries Compensation Authority with around £150 million being awarded to victims of violent crime.
Is There a Time Limit to Filing a Sexual Assault Claim?
There is a strict time limit associated with filing a sexual assault claim which is 2 years from the date of the assault. If the assault took place over a period of time, the time limit would begin from the date you reported the events to the Police. With this said, the 2 year deadline can be extended, but only if exceptional circumstance apply to a case – an example being if a victim suffers from some kind of mental health issue.
If you were sexually assaulted as a child, the time limit for making a claim is 3 years from the date of your 18th birthday. In short, you would need to file a sexual assault claim before your 21st birthday.
Should you have missed the deadline to filing for sexual assault compensation, you may lodge a request to have the deadline extended, bearing in mind that every claim is assessed on a “case-by-case” basis.
What About Confidentiality and Privacy When I Make a Sexual Assault Claim Through CICA?
The CICA treats all applications for compensation with the utmost confidentiality. As such, the only people who would know about your sexual assault claim would be the following:
- The Police who would be required to provide proof of the sexual assault committed against you
- Your GP or the hospital doctor who treated you and who would provide a medical report on any injuries you suffered whether physical or psychological
Your assailant would not be informed that you seek sexual assault compensation through the CICA scheme. However, you always have the option to file a civil case against your assailant should you wish to.
Would My Sexual Assault Claim be Accepted By the CICA?
For a sexual assault claim to be accepted by the CICA, you would need to provide enough evidence to establish that on “the balance of probability”, the crime was committed. Should your case have already been to court, it is typically a good indication that your claim through the CICA scheme would be accepted. However, even if your claim has not been before a judge, you could still receive sexual assault compensation through the CICA scheme providing your claim meets the necessary criteria.
Reasons Why Claims are Refused by the CICA
There are very strict rules that apply to CICA claims which must be respected, if they are not, an application would typically be turned down. Reasons why a claim for compensation may be turned down by the Authority includes the following:
- There are unspent (live) criminal convictions
- Cooperation with the Police was lacking during a sexual assault investigation
- A claim was submitted after the deadline of 2 years
- A lack of evidence provided to the CICA
- The application was a duplicate claim which is not permitted
It is also a wise move to seek legal advice from a personal injury lawyer prior to making a sexual assault claim through the Criminal Injuries Compensation scheme.
What is the Process Once a Sexual Assault Crime Is Reported to the Police?
The Police would need to interview all parties when a sexual assault crime is reported to them. Witnesses too would need to be interviewed. These days the Police are very well equipped to deal with sexual assault crimes and have specially trained officers who know how sensitive these cases tend to be making it a lot easier for victims to cope when reporting a crime to them.
The Police may also need to be given medical reports and any other relevant evidence which they would then pass on to the Crown Prosecution Service (CPS) if the sexual assault took place in England or Wales. Should it have happed in Scotland, the Police would refer the case to the Crown Office and Procurator Fiscal Service (COPFS).
Should the sexual assault case go to trial, a window or date would be set for the hearing. This can take anything from 1 to 2 years but if the case is extremely complex with multiple victims involved, it may take even longer.
What Level of Sexual Assault Compensation Does the CICA Award?
The amount of compensation you may receive in a successful sexual assault compensation claim through CICA would depend on several things which includes the following:
- The nature of the sexual assault
- The severity of the assault and the injuries sustained
- If the sexual assault resulted in long-term mental health issues
As a rough guide, the amount of compensation the CICA may award the following in a successful sexual assault compensation claim:
- If you suffered molestation above your clothing, the amount of sexual assault compensation you may receive could be anything from £1,500 to £2,000
- If you were subjected to penile penetrative assaults over a period of time, CICA may award you anything up to and over £16,500 up to three years duration
- If you suffer from a permanent mental health issue as a result of the sexual assault and have been diagnosed by a clinical psychologist or psychiatrist, CICA could award you £22,000
However, all sexual assault cases are judged on a case-by-case basis which means that you may receive less or a lot more in the way of compensation for the pain, distress and harm you had to endure having been the victim of a sexual assault. As such, it is best to seek legal advice from a personal injury lawyer who would quickly assess your case and let you know just how much sexual assault compensation you are likely to receive if the CICA accepts your claim.
Seeking Legal Advice When Filing a Sexual Assault Claim
Although having legal representation is not an essential when making a sexual assault claim for compensation through the CICA, the process is complicated and if you are unable to meet the necessary criteria, you may find that your application is not successful. You do have the right to appeal a CICA decision through a tribunal, but it is far better to seek legal advice from the outset to avoid any unnecessary time delays which could result in you missing the strict 2 year deadline associated with this type of claim.
A personal injury solicitor has the necessary legal expertise needed to negotiate the many pitfalls of filing sexual assault claims and are aware of the strict process that goes into applying for compensation through the Criminal Injuries Compensation Authority (CICA). A lawyer would also help you gather the necessary evidence both of the sexual assault against you itself, and the medical evidence that may be required to prove your case. You can get free legal advice by visiting LegalExpert.co.uk.
Sexual Abuse Criminal Injuries CICA Free Advice On Payouts