Those who have suffered historic abuse may wonder whether they could claim compensation for their physical and mental suffering, as well as how much compensation for historic sexually abused victims could be awarded. We aim to explain how you could make a claim for compensation.
Important Points
- Historic abuse claims can be made through the Criminal Injuries Compensation Authority (CICA).
- Claims could also be made directly against the perpetrator or a vicariously liable party.
- The maximum amount payable in CICA claims is £500,000.
- You could claim compensation for up to 3 injuries through the CICA.
- You could make a criminal injury claim on a No Win No Fee basis with one of the solicitors on our panel.
Please contact our team if you have been affected by any issues raised in this guide.
- Phone 0800 408 7826.
- Talk to an advisor online.
- Use our contact form.
Jump To A Section
- How Much Compensation For Historic Sexually Abused Victims?
- Can Special Expenses Be Applied To Historical Sexual Abuse Claims?
- Can I Make A Claim As A Historical Sexual Abuse Victim?
- Do I Need To Report My Sexual Abuse To The Police Before I Claim?
- What Is Meant By The “Same Roof Rule” In Historical Sexual Abuse Cases?
- What Do I Need When Claiming For Historical Sexual Abuse?
- What Can How Much Compensation’s Advisors Help Me With?
- Frequently Asked Questions About Historical Abuse Claims
- More Information
How Much Compensation For Historic Sexually Abused Victims?
How much compensation for historic sexually abused victims may be paid out is dependent on the type of harm suffered and how severe this was. Criminal injuries are valued in line with the fixed tariff within the Criminal Injuries Compensation Scheme 2012. We must also note that if you sustained multiple injuries, they will be valued accordingly:
- The most serious injury is awarded the full tariff.
- The second or equally most serious is awarded 30% of the tariff.
- 15% of the tariff is awarded for the lowest valued injury.
The CICA will not award you compensation for more than 3 injuries. However, you may be eligible for additional compensation not subject to the multiple injuries formula if the incident resulted in:
- You becoming pregnant.
- Losing a foetus.
- Contracting an STI.
In the table below, we have included some of the tariff amounts listed within the CICA scheme that may be applicable for historical sexual abuse claims. It is also important to note that the top figure is the maximum amount the CICA will pay for any claim made through them.
| Harm | Notes | Tariff |
|---|---|---|
| Multiple criminal injuries + special expenses | Multiple severe criminal injuries, special expenses and a loss of earnings. | Up to £500,000. |
| Non-consensual penetration of a minor | Serious internal injury and severe mental illness that is permanently disabling. | £44,000 |
| . | Serious internal injury and moderate mental illness that is permanently disabling. | £33,000 |
| Resulting in a severe mental illness that is permanently disabling. | £27,000 | |
| Resulting in a moderate mental illness that is permanently disabling. | £22,000 | |
| Repeated incidents over 3+ years. | £22,000 | |
| Sexual Assault of a minor | Resulting in a permanently disabling severe mental illness. | £27,000 |
| Frequent incident spanning over 3+ years | £8,200 | |
| Two or more isolated incidents. | £4,400 |
When claiming directly against the perpetrator or against a vicariously liable party, how your compensation is calculated differs. You can also consult our compensation calculator to view how payouts in civil claims may work, or contact our advisors to discuss your case.
Can Special Expenses Be Applied To Historical Sexual Abuse Claims?
Yes, special expenses can also be applied to historical sexual abuse claims made through the CICA.
Special expenses may be awarded for specific types of costs and financial losses. This could include:
- Adaptations to a home, such as installing a ramp.
- Specialist mobility equipment or similar aids.
- Care costs that relate to preparing food or your bodily functions.
- Repairing or replacing any equipment damaged in the incident that you relied upon as a physical aid, such as your glasses.
Any special expenses you claim for must be directly related to your injury, reasonable, necessary and not be obtained freely elsewhere.
In addition, compensation may be awarded for loss of earnings, but your case must meet the specific eligibility requirements.
If you are still wondering, ‘How much compensation for historic sexually abused victims could be awarded?’, you can contact our advisory team.
Can I Make A Claim As A Historical Sexual Abuse Victim?
You could make a claim as a historical sexual abuse victim either through the CICA or on a civil basis.
Below, we set out the criteria on which these claims may be made.
Civil Historical Abuse Claims
Civil historical abuse claims may be made against an individual perpetrator or a vicariously liable party. This is an organisation that owed you a duty of care at the time you were criminally injured, such as a school, for example.
Civil sexual assault claims must meet the same eligibility criteria as any personal injury claim:
- You were owed a duty of care by an organisation or individual.
- This duty was breached.
- You were harmed due to the breach.
Historical Sexual Abuse Claims Through The CICA
Historical sexual abuse claims could alternatively be made through the CICA. The CICA is a government agency that can compensate those who have been criminally injured. They do state you need to try claiming compensation via a different avenue before going to them (e.g. against the perpetrator, for example).
When making a claim through the CICA, you will need to meet the following eligibility requirements:
- You were the victim of a violent crime. This is defined within Annexe B of the CICA Scheme and can include sexual abuse, assault (such as domestic violence), and arson.
- The crime occurred in Great Britain or another relevant place, such as a ship registered therein.
- You reported the incident to the police and cooperated with them.
- The claim is filed within 2 years of being reported (unless exceptions apply).
To see whether you should make a civil claim or claim through the CICA, you can contact our friendly advisors today to discuss your case.
Do I Need To Report My Sexual Abuse To The Police Before I Claim?
Yes, you need to report your sexual abuse to the police before you claim when claiming through the CICA.
Making a police report is part of the CICA’s eligibility requirements. Therefore, if you have not made this report, you will not be able to claim through the CICA. Upon making your report, you must also cooperate with the police during their investigation.
Whilst the incident does have to have been reported, no arrest, charges, or conviction need to have been brought by the police to be able to claim through the CICA.
If you are making a civil claim, you do not have to have reported the incident to the police. However, doing so can strengthen your case and may provide additional evidence.
Contact our advisors today with any questions you may have about making a claim for your criminal injuries.
What Is Meant By The “Same Roof Rule” In Historical Sexual Abuse Cases?
The “same roof rule” was a rule which prevented victims of abuse from claiming through the CICA if they lived under the same roof as their abuser. The rule prevented claims being made between August 1964 and September 1979 by such victims.
This stopped many people from accessing compensation they may have been eligible to claim.
The rule was abolished in 2019, allowing previous survivors to apply for compensation through the CICA who had either previously not applied for compensation or had been refused compensation due to this rule. The deadline to apply was 13th June 2021.
If you have any questions regarding the ‘same roof rule’ you can contact our advisors.
What Do I Need When Claiming For Historical Sexual Abuse?
When claiming for historical sexual abuse, you will need evidence to support your claim. The types of evidence you will need will differ depending on if you are making a civil claim or a CICA claim.
Evidence you could gather for civil claims include:
- Medical records detailing any physical and psychological injuries you suffered.
- Any video footage that captured the incident(s) taking place.
- The contact details of anyone who witnessed the incident or your physical and mental state following them.
- Photgraphs of any visible injuries suffered, such as bruising.
The CICA, however, require specific pieces of evidence when claiming through them. These are:
- Medical evidence detailing your criminal injuries.
- Proof you meet the residency requirements.
- Your crime reference number (which you will have obtained when reporting the incident to the police).
Any additional information the CICA may need, they will either request this from you or liaise with the police for.
Additionally, you must also ensure your claim is started within the time limit.
- For civil claims, the limitation period is generally 3 years from the date of the incident.
- For CICA claims, this is generally 2 years from the date of the incident.
Exceptions to these time limits apply for both civil and CICA claims. You can contact our advisors to learn what these are.
What Can How Much Compensation’s Advisors Help Me With?
How Much Compensation’s advisors could help answer any questions you may have about claiming for historic abuse, provide you with free advice, and potentially connect you with a solicitor from our panel.
The solicitors on our panel have immense experience working on civil and CICA claims. They could help you with:
- Gathering the necessary evidence
- Guiding you through the claiming process
- Handling any and all paperwork
- Ensuring all legal deadlines are met
- Explaining any legal jargon that is used
In addition, they could offer these services to you on a No Win No Fee basis through a Conditional Fee Agreement. This means:
- There will be nothing to pay for them to begin working on your claim
- There are no fees to pay for their continued work as the claim progresses
- If the claim fails, you won’t need to pay them for the work they have completed
Should the claim succeed, however, you will pay the solicitor a success fee. This will be taken from your compensation as a percentage that is subject to a legal cap.
Contact Us To Begin Your Claim Process
If you are wondering, ‘How much compensation for historic sexually abused victims could be awarded?’, or have any other questions, do not hesitate to contact our advisors:
- Call 0800 408 7826.
- Speak to us online.
- Complete our contact form.
Frequently Asked Questions About Historical Abuse Claims
Below, we answer some frequently asked questions regarding historical abuse claims:
Can I Claim If My Abuser Wasn’t Prosecuted?
Yes, you can claim even if your abuser has not been caught, charged or prosecuted. Neither the CICA nor civil claims require prosecution to have taken place.
What If My Abuser Has Passed Away?
If your abuser has passed away, you may still be able to make a claim via the CICA. You can contact our advisors to discuss this.
Is Historical Abuse Hard To Prove?
Proving historical abuse can be harder than more recent cases. However, it is possible to do so. Evidence such as consistent testimony, strong medical records and police reports can help to reinforce your case.
Will I Have To Face My Abuser In Court?
It is unlikely that you would need to face your abuser in court. CICA claims are paper-based claims without the need for personal appearances.
How Long Will It Take To Settle A Historical Sexual Abuse Claim?
How long it takes to settle historical sexual abuse claims can depend on their complexity and evidence. Timelines may also differ between claims made through the CICA and those made on a civil basis.
More Information
More information on how we could help you:
- Learn how to use our compensation calculator here.
- View our multiple injury calculator here.
- See how much compensation for GBH you could claim.
Additional resources:
- Get help after sexual assault and rape in this NHS resource.
- Learn how to report child abuse from GOV.UK
- View Crown Prosecution Service (CPS) guidance on prosecuting child abuse.
Please contact us if you have further questions about how much compensation for historic sexually abused victims may be awarded.
