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The number of rape cases that are reported by Rape Crisis is alarming with statistics showing that about 500,000 adults are victims of some kind of sexual assault during their lifetimes. If you were the victim of rape, it can utterly shatter your life. This type of traumatic experience can harm you physically and psychologically. It can ruin your life and any chance of having a close relationship with a partner.
Statistics Published By Rape Crisis And Consequences of Being Raped
A report published by Rape Crisis established that around 97,000 females and males are the victims of rape every year in the UK. Many rape cases are especially violent which leaves victims with internal injuries and broken bones. The long-term effect of having been subjected to rape can lead to PTSD – post-traumatic stress disorder – as well as depression, dissociation, anxiety and shock.
A study produced by the Office of National Statistics saw an increase of 37% in rape and sexual assault cases during 2016 as compared to 2015. The report showed that there has been an upward trend in this type of violent crime since 2012. It is thought that more people are willing to report a rape and a sexual assault than before has contributed to the rise in numbers.
If you were the victim of a sexual assault or you were raped, it is crucial that you seek help and support as soon as possible. It may be hard to accept what has happened to you and even harder to discuss it with people you do not know but having support when you are feeling vulnerable can help you through a very difficult, traumatic time.
What is the Definition of Rape?
In legal terms, the definition of rape is as follows:
- When someone forces someone else to have sex with them against their will – it includes when a persona performs certain sexual acts without the consent of the other person which could be penile penetration of either the mouth, anus or vagina. It also includes penetration with objects and other body parts
Rape is not the same as sexual assault. The difference being that if you are touched in any sort of sexual manner or you are forced to do sexual acts that do not include penetration and you have not given your consent it would be deemed to be a sexual assault. For a rape case to be upheld in law, penetration must have taken place without consent. Men and children are also the victims of rape and are just as entitled to seek compensation as a woman rape victim would be.
Reporting a Rape or Sexual Assault
It is important to report a rape or sexual assault to the Police. However, there are other support organisations in the UK that provide help to victims of rape and sexual assault which includes Rape Crisis. The report should be made as soon after the incident as possible and if you choose to contact the Police you should do so by calling 999. Other things that you must do if you were recently subjected to sexual assault or you were raped includes the following:
- Make sure you keep all the clothes you were wearing at the time you were raped or sexually assaulted
- Do no wash the clothes you were wearing as they would be needed as evidence by the Police
- Although it can be hard, you should not take a bath or have a shower because you may wash away any evidence the Police may use to build a case against your assailant
- If the rape or sexual assault occurred when you were under the age of 17, your case would be handled by the Child Protection Unit of the Police
Should you not wish to report the rape or sexual assault to the Police, there are other options which includes the following:
- If the incident happened in either England or Wales, you can choose to report the rape to a Sexual Assault Referral Centre (SARC). These centres are located in certain areas of the country which can be found using the NHS Choices tool. You would be provided with much needed help and support if you were the victim of rape or sexual assault but you would also be provided with medical care. Evidence is collected which can be used at a later date should you wish to seek rape compensation
Other support organisations for victims of rape or sexual assault are detailed below:
- If you are a female victim of sexual assault or raped – Rape Crisis provides essential support and advice
- If you are a female victim of sexual assault or you were raped – Victim Support provides much needed advice and support
- If you are a male victim of sexual assault or you were the victim of rape – Victim Support provides essential support and advice
It is important to note that none of the above rape support organisations would report your case to the Police unless you ask them to. If you live in Scotland, you can contact the following support organisations if you are the victim of a sexual assault or rape: Victim Support Scotland
What Happens After I Report a Rape to the Police or Other Organisation?
If you report that you were the victim of sexual assault or rape to the Police or to the staff who work at a SARC centre, they will do the following:
- Make sure that you are examined by a doctor or other medical professional and treated for the injuries you may have sustained
- You would be provided with advice and essential support
- You would be given an explanation of what is going to happen next
There are specialist teams in the Police who are specifically trained to help rape and sexual assault victims. You have the option to speak to a same sex officer if it makes you feel more comfortable to do so.
How Do I Make a Rape Compensation Claim?
If you were a rape victim or you were sexually assaulted, you could be entitled to claim compensation through the Criminal Injuries Compensation Scheme (CICA) 2012. Under the scheme, you can claim for the following:
- Physical damage
- Psychological damage
- Financial losses
- Medical expenses
- Rehabilitation costs
- Other expenses you incurred because you were the victim of rape
All rape cases are treated as unique and the amount of compensation you could receive would depend on the severity of your case and the negative impact it has on your overall health and general well-being as well as your ability to work again.
Would My Rape Claim Be Accepted Through the CICA Scheme?
As previously mentioned, the level of compensation you may receive if you were the victim of rape would depend on the severity of the injuries you may have sustained and how the traumatic experience has negatively impacted your life. There is always a high risk of infection and of sexually transmitted diseases being an issue apart from other physical injuries which could include the following:
- Bruising
- Bleeding
- Cuts
- Swelling
You may have also suffered injuries to other parts of your body which could includes you neck and all too often the damage that has been done is not obvious immediately only manifesting itself days or weeks after the rape has occurred. Providing you did not give consent to your assailant to penetrate you and as a consequence you suffered injuries, you could claim damages through the CICA – the Criminal Injuries Compensation Authority. It is worth noting that you may also be able to claim compensation from your assailant or their employer but would need to be filed through the civil courts providing you can identify them as being your attacker. Should you have been attacked by someone while they were working, you may be able to file for compensation from their employer.
Can I Claim For Psychological Damage in a Rape Claim?
If you were the victim of rape, it is not only the physical damage that you suffer that can be hard to cope with. The psychological trauma is just as bad. As such, you can also claim for psychological injuries sustained because you were raped and be awarded damages. Any physical injuries would fade over time but the psychological damage caused may last a lifetime. As such, when determining what level of rape compensation you may receive, the psychological damage you suffered would be taken into account. Many victims of rape suffer from post-traumatic stress disorder – PTSD – with typical symptoms of the condition being the following:
- Depression
- Anxiety
- Flashbacks
- Fear
- A feeling of helplessness
- Anguish
- Mood swings
Other psychological damage caused because of being raped include the following:
- A low self-esteem
- Eating disorders
- Self-hate
- Sexual disorders
- Dissociation
- Shame
- Guilt
Other psychological damage caused because of being raped include the following:
- A low self-esteem
- Eating disorders
- Self-hate
- Sexual disorders
- Dissociation
- Shame
- Guilt
- Lack of trust in others
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Another devastating consequence of having been raped is the fear of being blamed or rejected by other people. Many victims find it hard or impossible to form close relationships with other people. They find it hard to work and often find it difficult to get a good night’s sleep.
What Evidence is Needed to Claim Rape Compensation Through the CICA Scheme?
To make a rape compensation claim through the CICA scheme, you would need to provide enough evidence that a crime against you was committed. Even if your assailant has not been apprehended by the Police, you can still make a claim as long as you have done the following:
- That you filed a rape report with the Police or other support authority
- That you sought medical attention and got a report on the injuries you suffered
- That you did not give your consent to your assailant
- That you have enough evidence that a crime against you was committed
- That you have witness statements
- That have a psychiatrist report of the state of your mental health
- That you do not have a criminal record or any unspent conviction
- That you cooperated with the Police during their investigation
- That you fully cooperated with the CICA and other investigating bodies
The process for filing a rape compensation claim through the CICA scheme is very strict and all the rules must be respected for a case to be accepted by the authority. As such, it is far better to seek legal advice from an experienced solicitor before starting your claim to avoid any legal pitfalls that could see your rape compensation fail before it even starts.
Is There a Time Limit to Making a Rape Compensation Claim Through the CICA Scheme?
There is a strict time limit to filing a rape compensation claim through the CICA scheme which is set at 2 years from the date that you were raped. The time limit can begin from the date that you reported to rape to the Police too. You would lose out on making a claim for compensation if you do not report the rape to the Police or the time limit of 2 years runs out. The time limit may be extended, but only in exceptional circumstances an example being if as a consequence of having been raped, you suffer from a mental health issue.
If you were under the age of 18 when the incident occurred and you reported it to the Police, a parent or guardian can make an application on your behalf. Should this be the case, you would have until your 20th birthday to file for rape compensation through the CICA scheme.
If the rape was not reported to the Police and you were under 18 when you were the victim of rape, a claim can be filed within 2 years of the incident having been reported to the Police.
How Does CICA Assess My Physical and Psychological Damage After Being Raped?
The CICA would take into account the severity of any injuries you suffered both physical and psychological if you were the victim of rape and are seeking compensation through the Scheme. The authority would also factor in how your injuries have negatively impacted your overall life and your future life which includes whether you are able to continue working which as a result would have a negative impact on your future earnings.
The CICA scheme only covers the most distressing crimes and the more extreme injuries but does take into account whether any existing health issues were made worse because you were a victim of rape. It is worth noting that only injuries that are valued above £1,000 would qualify to receive compensation through the CICA scheme.
The authority would determine your injuries this way:
- Which of your injuries are the three most severe as a result of having been the victim of a rape
- For the first most severe injury you suffered, you would receive 100% of the CICA tariff amount
- For the second most severe injury, you would receive 30%
- For the third most severe injury, you would receive 15%
It is worth noting that the CICA does pay more that the 3 injuries if a victim of rape falls pregnant, or they suffer a miscarriage, or they develop a sexually transmitted disease.
You could also qualify if you suffer from a mental health issue as a result of having been a victim of rape. You would need to have a qualified psychiatrist’s report to be eligible to receive compensation through the CICA scheme for any psychological condition where the prognosis is that you would suffer for the remainder of your life. Should this be the case, you would be awarded more in the way of CICA compensation.
What is The Process to Making a Rape Compensation Claim Through CICI?
You must inform the Police and be examined by a doctor whether it is your own GP or a hospital doctor as soon as you possibly can if you have been the victim of rape. You must ensure that you are in a safe place and contact someone that you know you can trust. Other things that you must do are as follows:
- For help, support and advice call the Rape Crisis helpline
- Keep as much evidence as you can which includes the clothes you were wearing at the time you were raped
- Avoid taking a bath or having a shower because you could wash away essential forensic evidence the Police can use to build a case against your assailant. You should only take a bath or have a shower when the Police say that is it is okay for you to do
- Write down all the details of the traumatic experience you were subjected while the events are still fresh in your mind
- If the rape took place on commercial premises, you must report the incident to the person in charge
- Make sure you keep all the receipts for your financial losses
- Seek legal advice from an expert solicitor as soon as you can
An experienced lawyer would ensure that you are awarded everything that you would be entitled to claim through the CICA scheme which would include the following:
- The cost of treatments that you had to undergo as a result of having been a victim of rape – this includes both treatment for physical injuries and psychological injuries you suffered
- Your financial losses which includes any loss of earnings and future income should you lose your job or be unable to work again providing you have enough evidence that proves you were in a secure job prior to being attacked and raped
- All other expenses which includes if you have to move house, are obliged to use specialist equipment because your injuries were severe, the cost of medical care you may require
Would a No Win No Fee Solicitor Represent Me if I Make a Rape Compensation Claim Through the CICA Scheme?
It is also a wise decision to seek legal advice if you were subjected to a traumatic experience like rape or a sexual assault. The process of making a claim through the CICA scheme can be complex and there are strict rules that must be respected for your case to be accepted. As such, seeking legal advice from an experienced No Win No Fee lawyer can take all the pressure off your shoulders and you would not have to worry about finding the money to pay the high legal fees associated with this type of claim.
No Win No Fee agreements set out the terms and conditions of the contract and the amount that would only be payable when your claim is accepted and the fee you would pay the solicitor is taken from the rape compensation you are awarded. Should your claim fail, there would be nothing to pay for the legal advice and representation you received when making your rape compensation claim.
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