If you are a victim of sexual abuse either as a child or an adult in the UK you may be eligible to claim criminal injury compensation through a government scheme.
Read more here about Elon Musk's campaign to highlight grooming gang abuse in the UK.
Nationwide from 2023 - 2024 there were 200,000 sexual assault or abuse crimes recorded by the police. What many sufferers of abuse do not know is that they may be entitled to claim a government compensation payout through a scheme managed by the Criminal Injuries Compensation Authority (or CICA for short). This is an agency within the Ministry of Justice. The compensation scheme includes crimes such as sexual abuse, domestic abuse and sexual assault but there are very strict rules which for many victims will mean eligibility is not certain.
We are the Criminal Claims Bureau a regulated firm who represent victims of abuse wishing to claim compensation under the CICA scheme. Our abuse compensation guide below will answer many of your questions but you can get in touch for advice by calling 01423 593002 or by Whatsapp / text 07707 338965.
If you are struggling and need support to help you cope, help is available:
NAPAC - The National Association for People Abused in Childhood.
Survivors UK - Male rape charity. More here on sexual assault claims.
Lucy Faithfull Organisation - preventing child abuse across the UK.
The UK government compensation scheme for all victims of violent crime is managed by the Criminal Injuries Compensation Authority (CICA). This body was set up in 1964 when the very first crime victims compensation scheme was created. Each year the CICA deal with up to 30,000 applications and spend around £150 million in awards to innocent victims of violent crime.
BE AWARE: The CICA refused 57% of all applications received during the period 2023 / 2024. This stark statistic confirms how difficult it can be to obtain compensation through the scheme. Read the CICA annual report for 2024 here.
You do not need a solicitor or legal advisor to make a claim. The CICA will deal with you directly. However it is important that you remember that they are not an Ombudsman type organisation nor are they a charitable one (hence the high refusal rate of 57%). They will assess your case on strict eligibility criteria and unless your claim is straightforward, it is sensible to seek free legal advice BEFORE you claim. We can help with any case but also those that are delayed or otherwise complex, those involving loss of earnings entitlement and cases already refused by the CICA. Our service is No win No fee. More on our No win No fee service here.
As explained above not all assault or sexual abuse compensation claims will be accepted and there are many applicants who do not receive a penny in compensation. In some instances this has nothing to do with the police evidence but is the result of the CICA and their very strict scheme rules. Here are the top 5 reasons for abuse compensation cases being refused:
Read more here about why claims are refused and here on why unspent criminal convictions can be a serious issue.
One of the most difficult moments for any survivor of abuse comes when they make the difficult decision to report the crimes to the police. The fear of an uncertain outcome, a scary court process but also disclosure of the abuse itself along with naming the abuser can all be overwhelming. The police however are very well equipped to handle such investigations and modern methods of investigating sexual crimes have made the process much easier to bear.
The police will want to interview all relevant parties and witnesses. The witness statement from the "complainant" will usually be in video form once the initial disclosure has taken place. The offender may also be interviewed under caution on video. Additional evidence will be considered such as medical records, phone based media evidence and any witnesses spoken to. The matter will in due course be considered for a referral to the Crown Prosecution Service (CPS) in England & Wales or the The Crown Office and Procurator Fiscal Service (COPFS) in Scotland for the decision to be made on a possible prosecution. If the case is to proceed a trial date or window will then be set. The process can take anywhere from 1-2 years. More complex cases involving multiple victims may take longer.
More information here on what happens when you report sexual abuse to the police.
You do not have to go to court or succeed in court to make a claim for sexual abuse. However the eligibility test of being able to show that on the "balance of probability" the criminal events occurred, will still need to be met in order for the CICA to make a compensation award.
If the police do not proceed with your case and either close the investigation early or the matter is not subject to any court proceedings, as stated above you may still be able to claim. The balance of probability test will need to be met. We see many compensation cases succeeding where the criminal proceedings fail so do not be put off making your application. Non recent abuse cases are hugely difficult. Find out what rights you have if the police decide against prosecuting an offender.
If a case is likely to go to trial some people take the view that it is sensible to consider delaying your rape compensation claim. The main reason for this is that a Defence barrister may raise the question during the trial if a claim has been intimated and the prosecuting legal team may be very wary of this. However the problem here is that the CICA have a 2 year deadline on claiming which runs from the date of the police report of the assault. Most court cases will not be heard within that time. It is therefore a difficult dilemma.
All we can say is that the CICA have very little leniency when looking at delayed applications where a rape trial has prolonged an investigation. This is a very difficult issue to advise on as the claim process is very time sensitive - delays can be prejudicial. CALL FOR ADVICE if you are unsure.
Compensation may be paid even if a trial proves unsuccessful with a not guilty or not proven verdict. But the complainant must cooperate fully throughout the court process.
Sexual abuse victims have 2 years to apply for CICA compensation from the date they first go to the police. As discussed above there can be many reasons why the 2 year deadline may be missed. We can advise you on how your claim can still be successfully made despite being late. We have managed to win cases that were delayed by 30 years or more. The key issue is the reason for the delay and whether health problems have contributed. BE AWARE: It is not sufficient to simply argue that you did not know about the scheme or the rule which may have led to a delayed claim. That explanation will not meet the exceptional reason criteria for a late claim being admitted.
We have an excellent track record of winning cases that are outside of the 2 year deadline - get in touch for advice.
Until the summer of 2019 the CICA would refuse any claim from a victim of sexual abuse that occurred within the family where the offender lived with the victim under the "same roof" prior to 1979. This extremely unfair rule was successfully challenged
in the courts during 2018 and now all such claims will be considered. We can advise you on your rights to apply if you suffered abuse prior to 1979.
The CICA will always obtain evidence from the police to substantiate the allegations made against the offender. They must establish on the balance of probability that the events occurred and that criminal intent or wrongdoing was accepted by the police. Further evidence will then be required in most cases from an applicants GP or hospital (mental health department for example) to show the level of any injury caused. You do not need to show signs of a mental injury or disorder to claim an abuse award. The fact that the acts were perpetrated and abuse has been established is sufficient to receive an award. It is important that medical evidence is explored fully if you have a serious condition such as Post Traumatic Stress Disorder (PTSD) or a personality disorder. This may help support a higher compensation award and possibly a loss of earnings payment.
It is very common for abuse survivors to suffer from long-term mental health problems and such conditions can be compensated for under the government scheme. There is however a catch that rather disappointingly can restrict many justified cases.
In order to receive an award for a serious mental health issue any condition must be classified as a "disabling mental injury" and diagnosed by a psychiatrist or a clinical psychologist. This means that evidence from say a GP or a therapist is not deemed sufficient and no award will be made unless a higher level diagnosis is achieved. For many this can be a major problem as people tend to try and cope without escalating to the local mental health team. But it is not possible to receive an award for disabling mental harm unless you have the right level of evidence.
If you have suffered any physical injuries as a result of childhood sexual abuse, you may be able to claim for the injuries caused. We have experience in representing applicants who by the very nature of the acts perpetrated upon them have been injured internally suffering for example gynaecological or urological related injuries. Subject to medical evidence from suitable experts, these injuries can be included within your claim.
Most claims settle within 12-18 months. However when you submit an abuse case to the CICA you will be given two options regarding the method of how the claim is assessed. This directly affects how long a claim can take to reach a settlement. The CICA ask you to choose whether you wish to settle any eligible case using the police evidence only or the police evidence along with medical evidence. If you have no severe mental health complications then a "police evidence only" option might suit you. This might lead to a settlement within 6 months.
It is strongly recommended you only choose the quicker route if you do not wish to claim for a medical related problem and have no loss of earnings to consider. If you settle the claim without exploring medical evidence you may receive a much lower award than you are entitled to.
Call us to discuss your case today - 01423 593002 by Whatsapp / text 07707 338965 or complete our enquiry form
If you suffer with mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. This is the standard of evidence that the CICA (very unreasonably) require. The following awards are paid for such cases:
You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. You receive the higher award from the two categories.
The compensation scheme allows for loss of earnings to be reclaimed but subject to some very constraining criteria:
It is very difficult to negotiate a claim for lost earnings with the CICA. It is strongly recommended that you seek legal advice as the yearly award level is around £6000 (linked to the level of SSP available in the UK). When you consider a victim of crime may not work for many years due to the harm cause, this is a considerable head of claim.
It is possible to claim for care costs under the scheme which are classified as "special expenses". However as you can probably guess such claims are not easy to make as you must establish that a care need exists and that medical evidence supports this. If the care costs can be covered by benefits (attendance allowance or PIP) this can give rise to a further complication. Reasonable costs incurred as a direct result of an abuse related injury can be recovered in certain cases.
If you are receiving benefits when you are about to settle your sexual abuse claim you need to be aware of the risks involved once you receive a large lump sum (classified as "capital" by the DWP). Any award in excess of £6000 may significantly affect your benefits entitlement. If you receive more than £16000 your means tested benefits can cease immediately. You can avoid losing your benefits by taking out a personal injury trust. We strongly recommend that you seek advice from the DWP and from your legal representative before you settle your claim.