Sexually Abused By My Father – Can I Claim Compensation?
By Danielle Jordan. Last Updated 30th August 2023. This guide will look at how to make a claim through the Criminal Injuries Compensation Authority (CICA) if you have been sexually abused by your father. The CICA awards compensation to people who have been injured, either physically or mentally as a result of a crime of violence in Great Britain. However, when making a claim through the CICA, you must meet their specific eligibility requirements, including adherence to the time limits. We explore these later in our guide.
Should you meet the eligibility requirements for criminal injury compensation, you may like to know how much your claim could be worth. We look at examples of the tariff of injuries found in the Criminal injuries Compensation Scheme 2012.
If you meet the criteria to claim criminal injuries compensation, you may like to instruct a solicitor to work on your case. To conclude, this guide looks at the benefits of having the support of a No Win No Fee solicitor.
If you need any help making a claim for sexual abuse through the CICA, please get in touch with one of the advisors from our team. They’re available on the following details:
- By phone – call 0800 073 8804
- Online – fill in our claim online form for a call back.
- The live webchat at the bottom of the screen.
Select A Section
- Eligibility To Claim For Sexual Abuse Through The CICA
- What Damages Can I Claim For When Making A Sexual Abuse Claim?
- I Was Abused By My Father – How Long Do I Have To Claim?
- Sexually Abused By My Father – Example Payouts
- No Win No Fee Sexual Assault Claims
- Useful Links
Eligibility To Claim For Sexual Abuse Through The CICA
In order to be eligible to claim sexual abuse compensation through the CICA, there are certain requirements that need to be fulfilled, including:
- You need to show that you reported the incident to the police.
- The incident needs to have happened in England, Scotland or Wales, or another relevant place.
- You must have sustained an injury in a crime of violence. As per the CICA’s definition outlined in the Scheme, this includes sexual assault.
- You need to be within the time limits to seek compensation.
Definition Of Sexual Abuse
The Sexual Offences Act 2003 defines various crimes of a sexual nature including, rape, assault by penetration, sexual assault and causing sexual activity without consent.
To discuss whether you could be eligible to claim for sexual abuse through the CICA and for guidance on the process involved in doing so, please contact our helpful team of advisors on the number above.
What Damages Can I Claim For When Making A Sexual Abuse Claim?
If you or your child has been sexually abused by father, you will likely be entitled to compensation. However, a lot of people do not realise that compensation is split into two parts – general damages and special damages. A lot of people recognise that they will be compensated for psychological and physical trauma, which is general damages, but some people do not realise that they will also receive a payout for any out of pocket expenses they have encountered, which are known as special damages.
You need to keep proof of any expenses you have encountered because of your injuries. This includes receipts and any relevant documents, as you will need to be able to prove the costs if you are going to claim for them. Keeping that in mind, let’s take a look at some of the most common special damages people claim for:
- Medical expenses– There is only one place to begin, and this is with medical expenses. After all, if you have been injured then it is likely you will need to pay for treatment and/or prescription costs. You will, of course, be able to claim for these and get your money back.
- Travel costs– This includes everything from the cost of getting to and from the hospital, to having to use a different mode of transport while you recover, to hospital parking fees.
- Counselling expenses– Unfortunately, a lot of people suffer mental trauma after they have been the victim of molestation by family member. If you have sought counselling to help you through this difficult period in your life, you won’t have to foot the bill. After all, injuries aren’t always physical.
- Loss of income– Finally, if you have experienced a loss of earnings because of your inability to work while you recovery, you will also be able to claim for this.
I Was Abused By My Father – How Long Do I Have To Claim?
‘I was abused by my father – how long do I have to claim?’. If you are wondering about the time limit for making a CICA claim, you usually have two years from the date of the crime. Under some exceptional circumstances, a claim could be started later than this, such as if a claimant lacks the mental capacity to make decisions alone.
You might be thinking, ‘I was sexually abused by my father longer than 2 years ago – can I still claim?’. In this circumstance, the two-year time limit can start from the date you reported the abuse to the police. If you have not reported the historical sexual abuse to the police, you will need to do so in order to claim through the CICA.
In a scenario where a decision has already been made by the CICA but your injuries have significantly worsened, the claim may be reopened. However, if a criminal injury claim is to be medically reopened, the CICA should be notified within two years from the date of their original decision.
If you have been sexually molested by your father, we recommend you start your CICA claim as soon as possible. Doing so will allow plenty of time for you to gather evidence. Furthermore, if you work with a sexual abuse solicitor, they’ll have more time to help you build a solid claim.
Sexually Abused By My Father – Example Payouts
“I was sexually abused by my father, what compensation might I be awarded?’. In this section, we’ll discuss example compensation amounts when making a criminal injuries claim. If you claim directly against your father, solicitors could work out how much your claim could be worth using the Judicial College Guidelines (JCG). However, if your father does not have the funds to compensate you, it wouldn’t be possible to claim directly against him.
“I was abused by my father but he doesn’t have the funds to compensate me – what do I do?’. In this circumstance, you could make a claim through the Criminal Injury Compensation Authority (CICA). As a government body, the CICA offers compensation for injuries caused by violent crimes. The compensation you would receive would depend on the figures outlined in the tariff in the Criminal Injuries Compensation Scheme 2012. We’ve included some example compensation awards from this tariff in the table below.
Injury | Award | Notes |
---|---|---|
Sexual offence where victim is a child | £44,000 | Non-consensual penile penetration of the vagina, anus or mouth led to a serious internal bodily injury and a permanently disabling mental illness. |
Sexual offence where victim is any age | £27,000 | Sexual assault caused you severe mental illness. |
Sexual offence where victim is a child | £22,000 | Non-consensual penile penetration of the vagina, anus or mouth led to serious internal bodily injuries. |
Sexual offence where victim is any age | £11,000 | Abuse involved non-consensual penile penetration of the vagina, anus or mouth. |
Physical abuse of adults | £8,200 | Severe abuse was endured for more than three years. |
Physical abuse of adults | £5,500 | The abuse you endured was severe and you faced a pattern of repetitive violence. |
Sexual offence where victim is any age | £3,300 | Severe sexual assault involving non-penile penetrative or oral-genital acts. |
Sexual offence where victim is a child | £3,300 | You suffered one incident of sexual assault where non-penile penetrative or oral genital acts happened. |
Physical abuse of adults | £2,000 | You suffered serious abuse such as physical assaults. |
Sexual offence where victim is a child | £1,000 | Sexual assault involved minor non-penetrative sexual physical acts over clothing. |
After being sexually molested by your father, you might be interested in making a CICA compensation claim. For more information, speak to our advisors at any for free legal advice on how to claim.
No Win No Fee Sexual Assault Claims
If you’ve been sexually molested by your father and would like to claim compensation through the CICA, you may wish to have legal representation to help with the process. One of our criminal injury solicitors could support your case. They generally provide their legal services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
When your criminal injury solicitor works with you under this kind of arrangement, they don’t typically charge upfront or ongoing fees for their services. Additionally, you won’t be charged for their work on your case if you aren’t awarded compensation following an unsuccessful claim.
However, if your claim has a positive outcome, your solicitor will take a success fee out of your award. This amount is a legally capped percentage.
If you would like to find out if you are eligible to seek compensation for sexual abuse you suffered, get in touch with our advisors for a free claim eligibility check. If it seems like you have a potential claim, you could be connected to one of our solicitors.
To speak with an advisor:
- Call 0800 073 8804
- Use our live chat feature.
- Start your claim online.
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 your father.
Nevertheless, if you do require more information before proceeding with your claim, you may find the links below helpful. Plus, don’t forget, you can always give us a call and we would be more than happy to help you in any way that we can.
If you need someone to talk NSPCC is here to help you.
If you need someone to talk Childline is here to help you.
Rape Crisis England and Wales – this web page explains about sexual abuse and violence.
NHS on Abuse, domestic violence and sexual assault
This NHS link provides helpful information on sexual abuse.
Report a rape or sexual assault – GOV.UK
If you’re the victim of rape or sexual assault, the police are can help.
Abuse and Neglect Prevention – NSPCC– This link takes you to the NSPCC website. Here, you will find information on child sex abuse, as well as the different options that are available to you in terms of getting further assistance.
You may also be interested in some of our other guides on criminal injury compensation claims:
- How to claim sexual abuse compensation
- FAQs on sexual abuse claims
- Sexual abuse during lockdown – can you claim?
- Sexual abuse compensation calculator
- How to find physical and sexual abuse solicitors
- A guide to sexual abuse claims
- How to claim against a paedophile
- How to claim if abused in foster care
- Historical sexual abuse claims
- Sexual abuse claims in Scotland
We also have some other guides on sexual abuse compensation claims that you may find useful:
- Sexual abuse by husband – can you claim?
- Sexual abuse by a grandfather – how to make a claim
- Sexual abuse by an ex-partner – how to make a claim
- How to claim if sexually abused by a family member
- How to claim if abused by a stepfather
- Learn how to claim if abused by a teacher
- Sexual abuse claims against social services
- How to claim for sexual abuse in a school