Rape and sexual assault can happen to anyone, anywhere, at any time of the day. When you have been through such a traumatic experience, you don’t have to stay silent: you can take various steps to get help or compensation. Cleversons solicitors are here to help you rebuild your life.

Few crimes are as harrowing or traumatic as rape and sexual assault. Whether the act was carried out once or a number of times; whether the perpetrator was someone known to you or a total stranger; regardless of your gender, age or background, rape and sexual assault is a life-changing event. It can cause emotional and psychological harm that some people never overcome.

Sadly, rape and sexual assault are not rare occurrences: a recent survey found that among women aged 18-24, 97% said they had been sexually harassed, while 80% of women across all age groups said they had experienced sexual harassment in public spaces.

Rape & sexual assault claims

Whether or not the defendant/perpetrator of the rape or sexual assault has been successfully convicted of the offences against you, it may be possible to claim compensation. There are usually two avenues for doing this: through the civil courts or by claiming through the Criminal Injuries Compensation Authority (CICA) scheme. In some cases, a claim can be made through both avenues.

David Durkin-Finch

Partner

David has been part of the Cleversons team from the start. He's assisted hundreds of clients and takes great pride in all his work.

Civil court claims for rape & sexual assault

Where the perpetrator has been convicted of offences against you, a claim through the civil courts may be possible. Any compensation you receive would be based on the sexual violence you have experienced, including any injuries (both physical and psychological) you have sustained as well as the effect on your life and your finances.

If the perpetrator has been convicted of the rape or sexual assault against you, a civil claim will be much stronger as the conviction will be proof that the rape or sexual assault occurred.

If the perpetrator of the rape or sexual assault has not been convicted, it may still be possible to claim, depending on the facts of the case. Abuse Claim Line can advise you about this.

In any civil claim against an individual, it will be necessary to investigate whether that person has sufficient assets to pay your compensation and legal costs. Our team can advise you on how this is done and we can arrange for a confidential asset report to be prepared without the knowledge of the perpetrator.

If you were raped or sexually assaulted by someone who was acting in their capacity as a doctor, care worker or other service, it may be able to act against the perpetrator’s employer. Speak to our team of friendly solicitors and let us help you rebuild your life.

CICA claims for rape and sexual assault

If you are a survivor of rape and sexual assault, you may be able to claim compensation through the Criminal Injury Compensation Authority scheme, which is a government-run compensation scheme for victims of violent criminal offences. The CICA does not require the perpetrator to have been convicted of the offences against you and it may, therefore, be a more suitable option than a civil claim, given the difficulties in securing a criminal conviction for rape.

The scheme is available in cases where the perpetrator was not convicted, including where the perpetrator was never prosecuted for lack of evidence or if the case proceeded to a criminal trial resulting in the perpetrator’s acquittal.

The downside to the CICA scheme is that there is a risk that it will not help you feel that justice has been achieved. There will not be any investigations into the perpetrator’s guilt and, because compensation paid by the CICA is from a government fund, any compensation you receive from the claim will not be paid for by the perpetrator. On the other hand, a CICA claim may provide you with compensation that can be used towards helping you to recuperate, such as by paying for counselling or to allow you take some time out of work.

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