Can I claim compensation for historical sexual abuse?
The CICA will pay compensation for historical sexual abuse, but only providing that all of their eligibility rules are met. Below we will outline the details of these rules, so you can determine if you are eligible to make a claim.
What are the specific CICA rules for historic claims?
Whether historic or not, the abuse must be reported to the police. If the incident was reported when you were a child, you will then need to show you had good reasons for not applying for the claim within the normal 2-year rule. The CICA does not for instance accept that you were simply unaware of the scheme or did not understand it. Historic claims which have been reported to the police many years after the abuse took place and within the last 2 years do comply with the eligibility rule. As the rules are complex, seeking advice from a specialist CICA solicitor is advised.
The CICA needs to be provided with a Police Crime Number to accept your claim. Often in historical sexual abuse cases, if the crime was reported many years ago you may no longer have a record of this number. However, if you still live in the area you can usually call 101 and request to be put through to your local police department who will be able to help track down your PCN. If you don’t live in the area anymore, you can call the main police station in that county and ask for help. If you instruct a CICA solicitor, they may be able to handle tracking your PCN down for you, saving you the hassle.
How could the ‘same roof rule’ affect my claim?
Recently, you may have heard talk about the ‘same roof rule’ after a victim of abuse won a landmark case at the Court of Appeal. The Court decided that the ‘same roof rule’ of refusing abuse claims when the abuse happened before 1979 and the victim’s abuser lived in the same household was unfair. Now, if you have previously been denied compensation because you lived in the same house as your abuser, you may be able to appeal the decision, and we can act on your behalf to help you claim the compensation you deserve.
How long does a historic sexual abuse CICA claim take?
The time frame of a historic claim can depend on the evidence that the police have and whether the CICA considers that you are an eligible victim of crime. If the police evidence is available, and your claim is being dealt with on a police evidence only basis, these claims can be surprisingly quick. Where the police evidence may be hard to track down, or where medical evidence may be required as the claim is for clinically diagnosed mental injury, the timescale tends to be around 12 to 18 months. A CICA solicitor can advise you on the best course of action for your particular case.
How much compensation could I receive?
Sexual abuse compensation can range from £1,000 to £44,000. We find that historic claims can range from between £6,600 to £22,000, as the victim is often subjected to repeated abuse for months, if not years on end. £6,600 is awarded for sexual abuse which involves repeated non-penetrative abuse for less than 3 years. £22,000 tends to be awarded for penetrative abuse that has lasted more than 3 years. There are a number of different awards in this range which a CICA solicitor can explain. The highest award is usually between the ranges of £22,000 and £44,000 and has been paid to victims who have been suffering serious internal injury and/or psychological injuries that have been clinically diagnosed by a clinical psychologist. However, the CICA does not consider mental injury which has been diagnosed by a counsellor or a therapist.
What if you’re nervous to apply
Many victims of assault are rightly nervous about seeking compensation, and this is completely normal. They may have family concerns, as the family may not want to be reminded of the incident in their past. They could also feel worried about speaking to the police, or worried that this could all bring back some unwanted and darker memories that they have been hiding away for years. Having had years of experience with these cases, our team can share their experiences with you and guide you through the process, helping to make you as comfortable as possible and ease your concerns.
How much does it cost to instruct a CICA solicitor?
It costs nothing upfront to speak to our team of CICA solicitors or start your historic abuse claim. We offer free no-obligation consultations to all our clients, where we will discuss the details of your case and help you decide if you are eligible to make a claim. If you do choose to proceed, we can offer a no-win, no-fee agreement. This means you won’t have to pay a penny if your claim is unsuccessful, and you only have to pay a percentage once your compensation has been awarded.
How can we help you?
We have a team of expert CICA solicitors who can help you pursue your claim for historical sexual abuse. These cases are often complex and emotionally draining, so our solicitors can be there to do all the hard work for you, chasing up police evidence, medical reports, and witness statements, and dealing with the CICA on your behalf. We do everything we can to make the process as easy, and hassle-free as possible for you and are there to support you every step of the way. To find out if you are eligible to make a historic sexual abuse claim, or to get your claim started, contact us on 0151 203 1104, or fill in our online claim form today.