By Emily Jones. Last Updated 31st August 2023. If you’re wondering ‘I was sexually abused by my stepfather, can I claim compensation?’, this guide can help.
Sexually Abused by Stepfather Claims Guide
On this page, you will find a comprehensive and complete guide to the legal process of making a compensation claim for damages if you have been sexually abused by your stepfather. These attacks are catastrophic to a young mind and can cause permanent psychological conditions. This guide contains everything you need to learn about the legal process your solicitor will follow when making a compensation claim in such case.
As an alternative to reading the whole of this page, you can fast forward to making your claim for damages by calling Legal Expert on 0800 073 8804 today.
Select a Section:
- What Is Sexual Abuse By A Stepfather?
- Sexually Abused By Your Stepfather – Historic Claims
- Claiming From The Criminal Injuries Compensation Authority
- What Can You Claim For In Cases Of Sexual Abuse By Your Stepfather?
- Sexual Assault Compensation
- No Win No Fee Compensation For Sexual Abuse By A Stepfather
What Is Sexual Abuse By A Stepfather?
In order to understand the process of making personal injury claims for sexual abuse committed by a stepfather, you need to understand just what sexual abuse is.
According to the Crown Prosecution Service (CPS), sexual abuse will be deemed to have occurred any time someone is forced to participate in a sexual act. These acts are not limited to physical acts, they can be verbal, or they can even happen while using a social networking site or chat app.
Once you understand just what sexual abuse can comprise of when committed by a stepfather, you will be better equipped to begin the claims process. In the last section of this guide is a phone number, use it to get in touch with us here at Legal Expert so that we can begin to help you.
Sexually Abused By Your Stepfather – Historic Claims
If you’ve been sexually abused by your stepfather, then you could make a claim through the CICA. Whilst the time limit for a CICA claim is generally 2 years, they can make exceptions for historic claims. This is when the abuse took place years in the past, often as a child.
When you make a claim through the CICA, you first need to report the abuse to the police. Without a crime reference number, you will not be able to claim through the CICA. You’ll also need to evidence why you did not start a claim within the typical 2-year period.
The explanation of being a child at the time of the abuse can often be accepted. If you are sexually abused by your stepfather, this can cause serious emotional trauma. This is another reason concessions on the time limit can be made.
If your step dad sexually abused you and you wish to find out if you could still make a claim, get in touch with our trained advisors today.
Claiming From The Criminal Injuries Compensation Authority
Sexual abuse claims, like other criminal injury claims, could be made through the Criminal Injuries Compensation Authority (CICA) or as a personal injury claim. In this section, we examine how to make a claim for being sexually abused by your stepfather through the CICA.
Firstly, in a claim through the CICA, you must have reported your stepfather for the sexual abuse to the police because you will need a crime reference number. The CICA can then liaise with the police for further evidence. However, you will not need to wait for a conviction to be secured before you start your claim.
You could also be expected to supply medical evidence. For example, if the sexual abuse you suffered caused psychological injuries, you may need medical evidence to prove this. A solicitor could help you with this as well as ensure that your claim is filed in full. If you are claiming for special expenses, such as loss of earnings, you will need to supply evidence of this as well.
If you recover compensation, this will be paid out from the tariff of injuries found in the Criminal Injuries Compensation Scheme 2012. We examine this as well as provide examples of the tariffs later in this guide.
Evidence That Can Help With Sexual Abuse By Stepfather Claims
If you are making a criminal injury claim through the CICA after your stepfather sexually abused you, you will need to provide them with specific types of evidence. These are:
- Medical evidence regarding your injuries, such as a copy of your medical records.
- Proof that you meet the residency requirements.
- Your police reference number to prove that the incident was reported.
If the CICA require any further evidence or information for your claim, they can liaise with the police.
To receive further information on making a stepfather sexual abuse claim, please contact our team. They can provide further guidance on the steps you can take to claim compensation.
What Can You Claim For In Cases Of Sexual Abuse By Your Stepfather?
If you’re wondering ‘I was sexually abused by my stepfather, can I claim compensation?’, you may be interested in what damages you could claim.
If you are making a general personal injury claim, there will be two heads of damages involved; general damages and special damages.
What Can Be Claimed For Under Special Damages?
Special damages are a category of damages that contains everything that doesn’t touch on the physical aspects of your injuries. So primarily financial losses are covered here, such as:
- Loss of income – this can cover both current loss of income, if you have had to take time off work and lost out on pay, and also the loss of future earnings if your likelihood of continuing to work is questionable.
- Medical fees – you can claim any medical fees you have paid that are directly related to either the medical conditions caused by the sexual assault such as physical injuries or longer-lasting psychological damage such as depression, anxiety and post-traumatic stress disorder.
- Travel costs – you can claim back all out of pocket travel expenses related to the case of sexual assault, this also covers any travel you have to undertake while making your claim such as visiting your solicitor or attending court.
- Care costs – if you have had to hire home help to assist you directly because of the case of sexual assault, you can claim this expense back.
What Can Be Claimed For Under General Damages?
General damages are a category of damages that contains everything that does touch on the physical aspects of your injuries. So primarily pain and suffering are covered here, such as:
Initial pain and suffering – for the injuries that were sustained during the sexual assault and the treatment of them. These are primarily short-term in nature. Longer lasting injuries will form their own part of your claim.
Psychological injury – for the initial mental trauma caused by the sexual assault, and also the long-term psychological conditions that it caused, such as post-traumatic stress disorder, depression or anxiety.
Long-term or permanent disability – if there are medical conditions that will severely reduce your quality of life either in the long-term or permanently, then a provision will be made for them under general damages in your settlement.
If you would like to find out exactly what types of damages you may be able to claim due to your specific case of sexual abuse at the hands of your stepfather, then please contact Legal Expert today.
Sexual Assault Compensation
When making a claim through the CICA for sexual assault, compensation could be awarded to you for the physical and mental harm you suffered.
Below, we have created a table to help you gain a clearer understanding of how much you could receive in compensation for sexual assault. The compensation payouts listed have been taken from the Tariff of Injuries that is set out in the Criminal Injuries Compensation Scheme 2012. If your claim is successful, you will receive the exact amount that is listed in the Tariff of Injuries that corresponds with your case.
| Type of Harm | Severity | Notes | Compensation |
|---|---|---|---|
| Non-Consensual Penile Penetration of a child. | Bodily Injury and Mental Illness | The result will be serious internal injuries with related severe and permanent mental health issues. | £44,000 |
| Non-Consensual Penile Penetration of a child. | Repeated Incidents. | Lasted more than 3 years. | £22,000 |
| Non-Consensual Penile Penetration of a child. | – | Once incident. | £11,000 |
| Sexual Assault – Person of any age | Severe Internal Injuries | The assault will result in serious internal bodily injuries. | £22,000 |
| Sexual Assault – Person of any age | Pattern of Frequent Severe Abuse | The abuse lasted 3 years or more. | £8,200 |
| Sexual Assault – Person of any age | Serious | Non-penetrative physical and sexual act(s) under the clothing. | £2,000 |
| Sexual Assault of a child. | One or More Oral Genital or Non-Penile Penetrative Acts | The abuse will result in serious bodily injuries internally. | £22,000 |
| Sexual Assault of a child. | Serious | A pattern of repeated non-penetrative sexual and physical acts under the clothing. | £3,300 |
| Non-Consensual Penile Penetration – Person of any age. | Repeated Incidents. | Lasted for up to 3 years. | £16,500 |
| Non-Consensual Penile Penetration – Person of any age. | – | By one attacker. | £11,000 |
Contact our advisors today if you would like further information about compensation for sexually abused victims in the UK. Our friendly team of advisors are available 24/7, and could answer any questions you may have about your potential claim, as well as offer you free legal advice.
Payouts for stepfather sexual abuse claims
As you can see from the table above, being sexually abused by a stepfather can result in varying amounts of compensation, depending on the circumstances and lasting effects on the claimant. For example, sexual abuse claims for a single incident of abuse are worth less in compensation than if there were multiple incidents.
Additionally, the figures from the table above are subject to certain reductions if you make a claim for sexual abuse that involves more than one injury. Only the highest-valued injury would be awarded at its full rate. Then, the next most valuable injury would be awarded at a rate of 30%. Finally, the third most valuable injury would be awarded at a rate of 15%.
When claiming through the CICA scheme, you cannot claim for more than three injuries at a time. However, you may be able to claim additional payments if you were subject to sexual assault or abuse that resulted in you becoming pregnant, contracting a sexually transmitted disease or losing a foetus. This would be combined with other payments that have been awarded to you.
We understand that the process of making sexual abuse claims can be distressing. Get in touch with our advisors today for confidential advice and we can go through any questions you may have about your potential claim.
No Win No Fee Compensation For Sexual Abuse By A Stepfather
‘I was sexually abused by my stepfather, can I claim compensation?’
If you are eligible to seek compensation for being sexually abused by your stepfather, you may like to have a solicitor to support your claim. One of our sexual abuse solicitors could help. Usually, they provide their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
When your solicitor works with you under this type of agreement, they usually don’t ask for an upfront payment to cover their work on your case. They also don’t ask you to pay any ongoing fees. Additionally, you won’t be expected to pay for their work on your case following an unsuccessful claim.
However, if your claim is successful, your solicitor will deduct a success fee out of your compensation. This fee is a legally limited percentage.
To discuss how to claim after your stepfather sexually abused you, get in touch with one of the advisors from our team. They can assess whether you have valid grounds for a claim and if you do, you could be connected with our specialist solicitors.
To speak to an advisor:
- Call 0800 073 8804
- Start your claim online.
- Connect through the live chat feature.
