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Scotland Rape Compensation Claims – How Much Compensation Could I Claim?

If you have been the victim of assault, you may be wondering whether you could claim sexual abuse compensation in Scotland.

This guide offers help and support to those who have endured the horrific experience of rape, showing how you could claim compensation for the physical and psychological injuries you have suffered. In the sections below, you will find information about how common rape cases are in Scotland, as well as the legal definition of rape and the process for claiming victim compensation in Scotland.

How Much Compensation For Rape Victims In Scotland Could Be Claimed?

If you need further guidance, we could offer a free eligibility check for your case. We could also help provide a personal injury solicitor covering Scotland to help you fight for the maximum compensation possible for your case. You can reach our team by:

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What Is Rape In Scottish Law?

According to the Sexual Offences (Scotland) Act 2009, rape is considered to be the penetration of the anus, mouth or vagina by the penis without the person consenting to such penetration, or without a reasonable belief that the other person consents.

If you have been the victim of a rape, you may wish to know where you could access help and support. You could seek support from a rape helpline in Scotland, such as Rape Crisis Scotland, who could help you access the support you may need to deal with what has happened. If you have not yet reported the rape to the police, Rape Crisis could talk you through the process and could help give you the strength you may need to begin taking action against the person or people to blame for your attack.

What Is Rape Vs Sexual Assault?

One difference in Scottish Law between sexual assault and rape is that penetration of the victim by any other object or body part without consent would not be classed as rape. Instead, it would be classed as sexual assault by penetration.

Other forms of sexual assault, according to Scottish Law, include the following non-consensual acts:

  • Intentional or reckless ejaculation of semen, saliva or urine onto a non-consenting person.
  • Reckless or intentional sexual touching of a non-consenting person.
  • Reckless or intentional sexual activity involving physical bodily contact with a non-consenting person, whether or not with an implement or whether or not through clothing

No matter whether you have been injured due to a rape or a sexual assault, it would be considered a criminal act, and you could be eligible to claim rape compensation in Scotland for the physical and emotional trauma it has caused you.

Scotland Rape Statistics

Scotland rape statistics revealed that in 2018/19 there were 2,293 reported rapes and 133 reported attempted rapes. In terms of the total number of sexual crimes reported, there were 13,547 reports in the same period, which was an 8% rise on the previous year. It may be worth noting that of these crimes, sexual assault made up 38% of crimes, with rape and attempted rape making up a further 18%. Other sexual crimes and those related to prostitution make up the remainder of sexual crimes reported.

Recorded sexual crimes in Scotland have increased in recent years. In 2017/18, there were 23 crimes per 10,000 people, while in 2018/19 the figure was 25 crimes per 10,000. The number of crimes varies depending on the local authority. Dumfries and Galloway had the highest proportion of crimes per 10,000people, which was 36, while in East Renfrewshire, the figure was much lower at 15 per 10,000.

In terms of age, the data collected by Police Scotland is not sufficient to give what age group the victims were. However, since many codes used to record sexual crime do differentiate between young people and adults, we can say that a minimum of 39% of the recorded sexual crimes was against victims under the age of 18.

No matter which local authority you were in, and no matter what your age, if you are a rape victim in Scotland, we could help you make a personal injury claim from the criminal injuries compensation fund to compensate you for the physical and emotional harm you’ve suffered. If you are under 18, a parent, guardian or another litigation friend could help claim on your behalf.

Injuries Caused By Rape Which Could Be Claimed For

The injuries you may have suffered as a rape victim in Scotland may not always be obvious from the outside. You must know that as well as the physical injuries you may have sustained, you might also have suffered mental and emotional injuries too.

Physical Injuries Caused By A Rape

Unfortunately, physical injuries caused by rape may not be limited to bruises, cuts and soft tissue damage. Violent rape could cause internal injuries, and in addition to this could leave you with a sexually transmitted infection (STI).

Sexually transmitted infections may be treated successfully with antibiotics and the like, but some sexually transmitted infections could lead to long-term conditions such as Hepatitis or HIV. If the rapist does not wear a condom, it would be wise, as well as seeking medical attention for obvious injuries, to take an STI test so that any infections can be caught and treated as quickly as possible.

Psychological Injuries Caused By A Rape

Rape, as a violent crime, can cause severe psychological harm too. Rape Crisis Scotland say anxiety, fear and uncertainty could be considered common feelings for victims of rape. Other things you could experience may include initial shock, a sense of worthlessness or shame, nightmares and flashbacks, and even a feeling of guilt. However, no victim of sexual abuse should ever feel like what happened to them was their fault. 

Counselling may help you deal with some of these symptoms, but in some cases, the psychological effects are not able to be reversed. Conditions such as depression and PTSD could mean that you are unable to work or resume a normal life after such a traumatic attack, and you may be able to claim compensation for loss of earnings caused by such a condition.

Rape Compensation Claims In Scotland Through The CICA

If you’re considering seeking sexual abuse compensation in Scotland, this could be done through the CICA, also known as the Criminal Injuries Compensation Authority.

The CICA is a government-backed agency, sponsored by the Ministry of Justice, that deals with abuse claims for compensation for victims of violent crime who have been mentally or physically injured. The CICA deals with claims in Wales, England and Scotland.

Who can claim from the CICA?

You could claim compensation from the CICA if you could prove you have been mentally or physically harmed as a blameless victim of a violent crime. This could include victims of attacks such as rape, assault and domestic abuse, for example.

You could also claim for compensation if you were injured in the process of trying to stop a violent crime, if you were a dependent of someone who was fatally injured in a violent crime, or on behalf of a child you are responsible for if they suffer injuries as a victim of violent crime.

Could anything affect how much rape compensation in Scotland I receive?

Your claim may be rejected or compensation may be reduced if:

  • You have not made a police report within a reasonable time period.
  • You have not cooperated with the police to help bring a responsible party to justice.

In addition, when reviewing your claim, any criminal record you have could be considered when assessing your claim.

Time Limits To Claim Rape Compensation In Scotland

The limitation period to make a CICA claim for rape compensation in Scotland is shorter than the personal injury claims time limit for other types of personal injury claims. You would only have 2 years from the incident date to submit your claim to the CICA. However, there may be some exceptions that would allow you to claim after this period has passed.

If your circumstances meant you could not report the rape earlier, this may mean your case could still be accepted by the CICA. In addition, we should also mention that if you are a childhood abuse survivor, you would have 2 years from your 18th birthday to claim.

However, claiming earlier could have some benefits. Evidence may be easier to gather if only a short time has passed between the attack and your claim for victim compensation in Scotland.

Rape Compensation In Scotland Claims Calculator

If you are considering taking the first steps towards making a CICA claim for rape compensation in Scotland, you may want to know how much compensation a rape victim could recover from the CICA. Each case would be assessed on its own merits and you would have to see an independent medical expert to confirm your injuries and prognosis so that your claim could be assessed accordingly. Therefore, putting your injury details into a personal injury claims calculator may not give you an accurate idea of how much compensation you could get.

We understand that not knowing how much you could claim in terms of victim compensation in Scotland can be frustrating, so instead, we’ve provided you with a rough idea by looking at the CICA tariff for England and Wales.

We have tried to use injuries that the CICA have deemed appropriate for sexual crimes, but it may be worth mentioning that you could receive compensation for other injuries, such as PTSD. If you’re not sure which category your injuries would fall in, please do not hesitate to contact our team. We’d be happy to give you further guidance.

Updated August 2021.

 

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Injury Details Compensation level
Sexual Assault Non-penetrative minor physical sexual acts over clothing £1,000
Sexual Assault Non-penetrative serious physical sexual acts under clothing £2,000
Sexual Assault Non-penile penetrative acts or oral genital acts £3,300
Sexual Assault Frequent repetitive pattern of severe abuse up to 3 years in duration £6,600
Sexual Assault Frequent repetitive pattern of severe abuse 3 years or more in duration £8,200
Sexual Assault Frequent repetitive pattern of severe abuse causing internal bodily injuries (serious) £22,000
Sexual Assault Frequent repetitive pattern of severe abuse causing mental illness which is permanently disabling (moderate) £22,000
Sexual Assault Frequent repetitive pattern of severe abuse causing mental illness which is permanently disabling (severe) £27,000
Non-consensual penetration by penis of anus, mouth or vagina By a single attacker £11,000
Non-consensual penetration by penis of anus, mouth or vagina By more than one attacker £13,500
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) £22,000
Non-consensual penetration by penis of anus, mouth or vagina Causing mental illness which is permanently disabling (moderate) £22,000
Non-consensual penetration by penis of anus, mouth or vagina Causing mental illness which is permanently disabling (severe) £27,000
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) as well as mental illness which is permanently disabling (moderate) £33,000
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) as well as mental illness which is permanently disabling (severe) £44,000
Other payment – Pregnancy Additional Payout for sexual offences that result in pregnancy £5,500
Other payment – STI (Not including Hepatitis B or C, or HIV) Additional Payout for sexual offences that result in STI with substantial recovery £5,500
Other payment – STI (Not including Hepatitis B or C, or HIV) Additional Payout for sexual offences that result in STI with permanent disability £11,000
Other payment – Infection with STI (Hepatitis B or C, or HIV or combination of more than one of these) Additional Payout for sexual offences that result in Hepatitis B or C, or HIV or combination of more than one of these. £22,000
Other payment – loss of foetus Due to violent crime £5,500

 

How much sexual abuse compensation Scotland could I claim?

If you’re interested in seeing how much you could be entitled to for suffering sexual abuse, you may turn to online tools branded as ‘personal injury compensation calculators’. However, though these may appear to provide payout estimates, the figures that they provide prospective claimants with can be inaccurate generalisations.

Instead, why not get in touch with Legal Expert for a free consultation? You’ll be asked a few simple questions about your case by one of our specialist advisors. After which, you’ll not only be able to see if you have grounds to make a claim but you’ll also get an estimate of how much your claim could be worth.

Our team uses awards from past cases to help provide you with an accurate idea of what you could be entitled to, taking details about your case to build a picture of what types of damage you suffered. So, please don’t hesitate to get in touch today for your free consultation.

Special Damages You Could Claim Compensation For

When claiming sexual abuse compensation in Scotland, you could not only receive an award for the injuries you’ve suffered, both psychologically and physically, but you could also receive special expenses for financial harm you have suffered as a result of the injuries you’ve sustained.

One important point to consider with CICA claims is that these expenses must be considered reasonable, and they may only be claimed for if they were incurred directly because of your injuries. In addition, it would have to be considered whether the costs could be covered by another party, such as the NHS or the local authority, for example.

Some of the costs you may be able to claim for could include:

  • Care costs – If you were seriously injured in a rape attack, you may require help around the house with the likes of cooking and cleaning and other daily tasks. If you could not get such care costs covered by the local authority or another body for free, you could include such costs within your claim.
  • Home adaptations – If serious injuries were sustained in a rape which meant you needed your home adapting to be able to continue living in it, reasonable costs for adaptations could be considered within your claim.
  • Physical aids – If you needed crutches or a wheelchair, for example, and could not get these from the NHS, the costs for these physical aids could be considered as special expenses.
  • Loss of earnings – If your injuries meant you were off work for more than 28 weeks, then the CICA may be able to compensate you for loss of earnings, at the relevant statutory sick pay rate.

You must be able to provide evidence of expenses that have directly resulted from your injuries. This could mean providing bank statements, receipts, bills and payslips to the CICA. If you are unable to provide evidence of costs or losses, you would not be able to include them in your claim.

Why Choose Us To Make A Rape Compensation Claim?

We realise there could be many ways you could seek assistance with claiming rape compensation in Scotland. However, we believe we could be a great option for you. Whether you’d like advice and support with making a CICA claim, or you’d like us to provide you with a personal injury solicitor who could fight for the compensation you deserve as a rape victim, we’re here to help you.

Our experience and knowledge of helping claimants with a variety of criminal injury and personal injury claims mean we are aware of the stress you could be under and we will do all we can to help make the process easier for you.

Our previous clients have been very complimentary about our company, and we pride ourselves on offering a service that claimants find easy to use, professional and empathetic. You can read what our past clients have said about our services if you’d like to see some reviews.

Not only could we answer any questions you may have about how to apply for compensation, and whether you could be eligible to make a claim, we will explain any legal terms you are unsure of so you are fully informed about your options.

Perhaps the best reason to pursue a claim with us is the fact that all of our solicitors work on a No Win No Fee basis. Making a claim under a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA) will ensure that you are afforded the most financial protection possible and have the confidence to pursue justice. 

If you sign a CFA with one of our solicitors, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.

If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped and will be set out in the CFA.

Start A Claim For Rape Compensation Scotland

To begin a claim for sexual abuse compensation Scotland with help from our panel of personal injury lawyers, please do not hesitate to contact us. We could give you all the guidance and support you may need to get the compensation you deserve.

You can reach our team by:

We have the capability, knowledge, empathy and experience to help you move forward after such a traumatic experience. Why not call us today and allow us to support you?

Essential References

Below, you can learn more about CICA claims via our other guides:

Thank you for reading our guide on how to claim sexual abuse compensation in Scotland.

Written by Jeffries

Edited by Billing