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Sexually Abused By A Family Member – Can I Claim Compensation?

By Stephen Hudson. Last Updated 24th August 2024. If you have been sexually abused by a family member, then you may be entitled to make a compensation claim. Sexual abuse can be incredibly traumatic and potentially have an impact on someone for the rest of their life. In this guide, we will look at circumstances which may allow you to claim if you have experienced family violence of a sexual nature such as being raped by a family member.

Compensation can be used to ensure you get the counselling you need. Moreover, it is important to get justice. Here at Legal Expert, we can help you to secure compensation. We have helped many people with these sorts of claims, and we have an excellent reputation in the industry. You can reach us on 0800 073 8804. However, before you do so, make sure you read on to find out everything you need to know about making an abuse compensation claim.

sexually abused by family member

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Sexual abuse definition

Sex abuse refers to any sort of sexual act or activity that is unwanted. There are many forms of sex abuse, from sexual harassment and child sex abuse to sexual exploitation and female genital mutilation (FGM). No matter your relationship with the person in question, you always have a right to say no. If you have not given your consent, this is abuse. It is vital to recognise that sex abuse can never be justified and it is never your fault. It does not matter where you were or what you were wearing, ‘no’ means no!

Different types of sex abuse

There are a number of different types of sex abuse. This includes the following:

  • Rape
  • Sexual name-calling
  • Forcing another person to have sexual relationships with other individuals
  • Forcing another person to look at pornographic photos or take part in them
  • Making another person wear clothes that they have not chosen
  • Forcing someone to prostitute themselves
  • Degrading treatment
  • Forcing another person to engage in sexual acts

Are you being abused by a family member?

You are being abused if…

  • You are made to do something sexual to someone that feels wrong or uncomfortable – this can be in the real world or the online world
  • You are made to watch another person do something sexual – this could be in person, via pictures, or via webcam
  • You are made to look at sexual videos or pictures
  • You are made to have sex
  • You are touched in a manner you don’t like

If this is happening to you, it is never, ever your fault! No one has the right to sexually abuse you, even your girlfriend or boyfriend. While it can be incredibly difficult, it is important to speak up so that you can get justice and the person in question cannot do this to you or anyone else again.

Signs your child may be being abused

When there is something wrong, children tend to show us, rather than tell us. Here are some of the warning signs to look out for:

  • Not wanting to be alone with a particular person
  • Running away
  • Physical signs, for example, pregnancy, sexually transmitted diseases, bruises around the mouth or genitals, and unexplained soreness
  • Self-harm
  • Unexplained gifts or money
  • New adult words for body parts with no evident source
  • Changes in their eating habits
  • Anger outbursts
  • Unaccountable fear of certain people and places
  • Regressing to younger behaviours, for example, bed-wetting
  • Sudden changes in their personality that cannot be explained, for example, mood swings
  • Becoming unusually secretive
  • Becoming very clingy or withdrawn
  • Sleeping problems and nightmares
  • Acting out in an inappropriate sexual way with objects or toys

Signs a family member may be using their relationship with your child for sexual reasons

There are also a number of signs that a family member could be using their relationship with your child for sexual reasons. Some signs to look out for include:

  • Picking on a particular child
  • Treating a particular child as a favourite
  • Frequently walking in on children in the bathroom
  • Giving a child money or expensive gifts for no reason
  • Regularly taking children on overnight outings alone or offering to babysit for free
  • Spending most of their spare time with children
  • Insisting on alone time with a child with no interruptions
  • Over interest in the sexual development of a child
  • Insisting on physical affection such as wrestling, hugging, or kissing, even when the child does not want it
  • Refusing a child sufficient privacy

The different ways you may get compensation

There are three different ways you can go about securing compensation when it comes to sexual abuse. We will advise you on the right route for your case. The three options are as follows:

  • You can make a claim to the Criminal Injuries Compensation Authority, known as the CICA
  • You can sue the abuser
  • If the abuser has been prosecuted successfully, you can get a criminal compensation order

Long-term injuries and psychological impact of sex abuse

There is no denying that molestation by a family member can have a severe impact on a person’s life. It can cause a person to be frightened all of the time, especially in certain situations. It can have an impact on an individual long after the person was sexually assaulted by a family member. A lot of people struggle with how to deal with molestation years later, and this is taken into consideration when determining the level of compensation you will receive.

Time limits on sexual abuse claims

The sooner your claim, the easier it will be. If you leave it too long, you may not be able to remember important details. Moreover, you may find it difficult to get your hands on important evidence. Take witness statements as a prime example, if you leave it a few years before you claim, your witnesses may have changed their contact information or they may no longer remember the incident very well. Don’t forget that there is also a three-year personal injury claims time limit on such cases. However, when it comes to being sexually abused by a family member, there can be exceptions, especially as it takes people some time to come to terms with what has happened. The best thing to do is give us a call for more information.

What damages can I claim for when making a sexual abuse claim against a family member?

A lot of people are a bit perplexed when it comes to compensation payouts, and this is typically because they are not fully aware of all of the things they can receive child sex abuse compensation for. Did you know that compensation is split into two parts? You have general damages and special damages. Understanding these two types of compensation will give you a better understanding of how compensation works and how much you could receive. So, read on to discover more.

General damages– First and foremost, we have general damages. This is the amount of compensation that you will receive for your injuries. It is designed to aid you in the recovery process. How is it calculated? When you or your child saw your doctor, he or she would have put a medical report together, which states your injuries, the extent of them, and how long treatment is going to take, etc. This is then used to decipher how much compensation you should receive. It is important to note that psychological injuries are treated just as seriously as physical injuries are.

Special damages– The second part of the compensation is special damages. This is the amount of money you will receive to cover any other expenses you have suffered because of your injuries. Common examples include everything from prescription expenses and travel costs to counselling expenses and loss of income. Please note that to claim for these out of pocket expenses, you will need proof; so make sure you do not throw away your receipts.

Raped By A Family Member – Compensation Payout Examples

We know that you probably want to know how much victim compensation payments amount to. However, it is vital to stress that all cases are different, and they are treated as such. Because of this, it is not possible to furnish you with a fully accurate figure of how much you will be likely to receive. No solicitor can do this, and if you use a personal injury claims calculator, it will only ever give you a very rough estimate, so do keep this in mind.

In the table below, we’ve included different sexual abuse compensation amounts that may be offered if you are able to claim under the Criminal Injuries Compensation Authority (CICA) scheme. When making a CICA claim, you will only receive the full tariff for the highest value injury/abuse you claim for. You will receive 30% and then 15% respectively for the second and third highest value injury/abuse.

However, if you become pregnant, lose a foetus or contract an STI as a result, these will all still be paid at the full amount.

Edit
Injury Type Description/Severity Standard Compensation Amount
Physical abuse of children (including domestic abuse) Severe abuse – A persistent pattern of repetitive violence that causes moderate multiple injuries £5,500
Physical abuse of children (including domestic abuse) Severe abuse – A persistent pattern of repetitive violence that causes significant multiple injuries £8,200
Physical abuse of children (including domestic abuse) Severe abuse – A persistent pattern of repetitive violence that causes severe multiple injuries £13,500
Sexual offence Serious – Non-penetrative sexual physical act(s) that occur under clothing £2,000
Sexual offence Severe – non-penile penetrative/oral-genital act(s) £3,300
Sexual offence A sexual assault offence that leads to serious internal bodily injuries for the victim £22,000

Hopefully, you now have a better understanding of the sort of payout you can receive for the physiological injuries relating to being sexually abused by a family member. However, if you need further information, please do not hesitate to give us a call, and we would be more than happy to explain.

No Win No Fee sexual assault claims

Are you concerned about the cost of working with a personal injury lawyer? You are not alone. There are so many people in the UK that would have been entitled to make a claim, yet they have failed to do so because they feel that they cannot afford the solicitors costs associated with making a compensation claim. However, it’s not all doom and gloom, as you will discover.

Of course, we are not denying that some solicitors do charge extortionate fees. This is particularly the case for solicitors that charge by the hour. When you go down this route, there is always the chance that you could be slapped with a huge unexpected bill, and this, understandably, puts a lot of people off. There is also the issue of hidden costs and additional extras that you never even realise you had to pay for. However, there is another option available to you, and this is to go for the services of the No Win, No Fee solicitor.

This type of solicitor agrees to work to a payment agreement whereby you will be required only to pay a pre-determined level of legal fees if the case is successful. If the personal injury solicitor does not manage to secure compensation at the end of your case, you will not have to pay the legal fees. This offers you a significant degree of monetary protection. You know that you will have your payout to cover the legal fees if you are subject to them. If you would not choose to use the services of a No Win, No Fee solicitor, there is of course the chance you could spend huge sums of money only for your case to be a failure. With a No Win, No Fee agreement, you get that added peace of mind.

This leads to other advantages too. For example, you are much more likely to benefit from a quality service. Of course, the solicitor’s pay is performance related, and they are not going to want to miss out on their legal fees. Therefore, they are going to be doing everything in their power to win the case for you. And, of course, they are not going to waste your time by taking on a case if they believe it is not strong enough to grant compensation. Here at Legal Expert, all of our provided solicitors work to a No Win, No Fee basis, so you have nothing to worry about.

Why choose Legal Expert?

There are a number of reasons why you should work with Legal Expert, so let’s take a look…

  • UK based and registered – First and foremost, you should always go for the services of a solicitor that is UK based and registered in the United Kingdom as well. We tick this box.
  • Experience – A lot of people are often enticed by the services of solicitors that are just starting off because they offer fantastic rates. However, you cannot afford to take a risk when it comes to something like this, which is why you need to find someone that has a considerable amount of experience in the sector. With Legal Expert, you can be sure that we have worked on many sexual assault claims similar to yours too.
  • Reputation – It is advisable to take the time to do your research on the solicitor you are considering. Spend time browsing online and reading reviews that have been left by previous customers, as this will give you an excellent and honest insight into the service you are likely to experience. We are sure when you read our reviews it will put your mind at ease.
  • Accreditation – All of our solicitors boast all of the necessary qualifications and certifications.
  • No-win no-fee – Last but not least, we offer a No Win, No Fee personal injury claim This means that you do not need to pay any legal fees if the solicitor does not manage to secure compensation for you. Therefore, you are offered a degree of financial protection by going down this route. This also leads to other benefits, as you do not need to make a large upfront payment to start the claim process and you can be confident of an exceptional service as the solicitor working on your case is going to be paid based on their performance.

Contact our team today

If you feel ready to start claiming for sex abuse compensation, or you have any queries about doing so, simply pick up your mobile or landline phone and dial for Legal Expert help. The number you need is 0800 073 8804. This line is available from 9.00 a.m. until 9.00 p.m. seven days per week, so you should have no trouble getting in touch at a time that is convenient for you. You can also find other contact information on our website, including our email address. You will also note that we have a convenient live chat feature, and you can request that we call you back via our homepage too. Please note that all of the legal advice we provide is free, and there is no obligation to continue with our service. Moreover, all calls are 100 per cent confidential.

Useful links

We hope that you have found the information you are looking for in regards to making a claim because of being sexually abused by a family member. However, if you need more information, the links below may be helpful.

Childline Sexual Abuse

This Childline charity is here to help you.

Rape Crisis England and Wales

Rape Crisis England and Wales – this web page is set up to help women of sexual abuse.

The NHS on Abuse, domestic violence and sexual assault

This NHS page provides information on sexual abuse and rape or sexual assault.

Reporting a rape or sexual assault – GOV.UK

If you’re the victim of rape or sexual assault, Call 999 to report a rape or attempted rape or sexual assault. After the crime as soon as possible.

The NHS – Guide to Help for Victims of Domestic Violence– This link takes you to the NHS website where you will find information on domestic abuse, including sex abuse, as well as emotional and physical abuse.

Talk to the NSPCC or read about how to deal with abuse– This link directs you to the NSPCC website where you will find information on child sex abuse.

You may also be interested in some of our other guides on criminal injury compensation claims:

We also have some other guides on sexual abuse compensation claims that you may find useful:

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