Levels of compensation for rape

Levels of compensation for rape. The amount of compensation you may recover depends upon the extent of injury, both physical and mental as well as the source of the compensation.

You can look to recover and award by way of a civil claim as one would for a road traffic accident or shipping claim or if this not possible then you can make an application to the criminal injuries compensation authority (CICA).

Awards from the CICA

The CICA is a government-funded organisation that makes payment to the victims of violent crime. This obviously includes the victims of rape and sexual assault.

For an application to be successful it is not necessary for there to have been a conviction of your attacker. There does not even have to be an arrest. As long as it can be shown that, on the balance of probability, you were the victim of a crime and violence then you can make an application.

There are various requirements and conditions for making an application and receiving an award. The main condition is that the application has to be made within two years of the incident however there are exceptions to this relating to the age of the victim and when the matter was reported to the police.

To see if you may qualify for an award you should seek legal advice from an experienced solicitor who can review and assess your potential application and advise you accordingly.

We are experts at dealing with such claims and can provide you with the advice and assistance you need to ensure that you receive the compensation that you deserve.

Awards under a civil claim

As a victim of a sexual assault or rape, you may be thinking of bringing a civil claim against the individual who attacked you or, in some circumstances, their employer.

We are experts at dealing with such claims and can provide you with the advice and assistance you need to ensure that you receive the compensation that you deserve.

The level of compensation in relation to sexual attacks differs from case to case. The amount recovered will depend upon the extent of any physical or mental injury you sustain as a result of the attack.

At the outset of any claim, we cannot advise you precisely as to how much compensation you may receive. We can, however, promise that we will seek to recover the maximum amount of compensation for you.

Claims against individuals or their employers are based on a more detailed assessment of the effects of the assault on the victim. This differs from the one-size-fits all tariff system approach as used by the Criminal Injuries Compensation Authority. This means that awards in civil claims tend to be larger than the CICA awards.

What can you claim?

Part of the compensation awarded will be based upon the impact the incident has had upon you.  To make sure that we have a full and thorough overview of the issues arising from the assault we will obtain all your medical records and arrange for an assessment by a Consultant Psychiatrist.

In addition to compensation for the mental trauma and any physical injury, we will also look to claim for all or any financial losses resulting from the incident.

Recoverable financial losses can include:

  • Lost income as a result of time away from work for recovery and treatment
  • The cost of any treatment or therapy you may require
  • Any other incidental expenses such as travel, prescription costs, etc

Levels of compensation for rape and sexual assault

The actual level of compensation depends very much on the extent of the injury and the impact it has on the individual however as A very broad approach it is possible to make the following comments:

Awards made by the CICA

The CICA has a set tariff award in relation to rape and sexual assault:

For sexual assault ranging from a minor non-penetrative sexual physical act over clothing (£1000 to) up to £27,000 worthy assault has resulted in severe permanent disabling mental illness that has been confirmed by psychiatric prognosis.

Between these levels or award based upon the severity of the assault and the impact, such has had on the mind and body of the victim.

Non-consensual penile penetration of one or more of vagina anus or mouth ranges from £11,000-£44,000. The amount depends on the circumstances of the incident and the mental and physical impact.

A further award will be made if the victim, as a result of the attack:

  • is infected with a sexually transmitted disease
  • becomes pregnant
  • suffers loss of foetus

A full breakdown of the CICA awards for the victims of rape and sexual assault can be found here.

Civil claims for rape and sexual assault

An award under a civil claim is, in part, valued by referring to the judicial college guidelines (JC G). This is the value guide when assessing personal injury claims. Unlike the CICA the JCG does not specifically refer to rape and sexual assault but concentrates more on the mental and physical injuries sustained in such.

Awards under a civil claim are invariably higher than an award made by the CICA. Severe cases of psychiatric damage can receive an award in excess of £100,000. This would be in addition to any financial losses that resulted from the incident.

For more moderate psychiatric issues were the injured person has largely recovered and any continuing effects will not be grossly disabling an award of between £7000 and£20,000 can be achieved.

The valuation of personal injury claims is a complex and specialist area. If you’ve been the victim of rape or sexual assault you need to make sure that your solicitor has the knowledge and expertise and experience to ensure that you receive every penny of the compensation that you deserve.

Cohen Cramer solicitors have that skill and so to see how we can help get in touch with us today.

A full breakdown of JCG awards for mental trauma can be found here.

mikecommittedGet the help and advice you need

To get the help you need to bring a claim for compensation, get in touch with us today:

  • call Mike Massen on 0113 224 7804. We will listen in complete confidence and give you the best advice regarding the strength of your claim and how much compensation you may be entitled to. We will answer all your questions so that you can decide if you want to proceed with your claim; If you do then we are here for you and we will help you.
  • email your contact details with as much information as you want to give us, and we will call or email you; just let us know what works best for you. Email us at rasa@cohencramer.co.uk

Your claim can be dealt with on a No Win-No Fee basis so you don’t have to worry about the costs of bringing a claim.