Sexual Assault/Rape Compensation Levels. If you have been the victim of a sexual assault or rape while at work you may be entitled to claim compensation for your injuries, mental and physical, as well as any financial losses that may have arisen because of the attack.
The level of award you may receive is based upon whether the compensation is being paid by an individual or by an insurance company on behalf of an employer, or as an award following an application to the Criminal Injuries Compensation Authority (CICA).
A full breakdown of the CICA awards for the victims of rape and sexual assault can be found here.
Compensation Levels in Civil Claims
The level of award will be based upon the expert medical evidence that we will obtain on your behalf. The report will set out the extent of your injuries how they affect you and how long it will take to recover. It is this that allows us to value your claim and maximise the amount of compensation you will receive.
To see how you can claim the compensation that you deserve get in touch with us today:
- call: our team on 0113 2247804
- email: [email protected]
Valuation of damages is based on the Judicial College Guidelines (JC Guidelines) and reported cases.
The JC Guidelines.
The JC Guidelines provide guidance to Judges and lawyers when valuing General Damages (compensation for pain, suffering, and loss of amenity). The guidelines contain brackets of damages that relate to the type of injury suffered. The guidelines have recently been amended to provide guidance on the valuation of damages for sexual and/or physical abuse.
Sexual and/or physical abuse
The level of award is based on the sexual and/or physical abuse itself as well as any psychiatric injury caused to the person in question.
| The factors to be considered in valuing general damages for the abuse and the psychiatric injury in claims of this nature are as follows: | |
| · the nature and duration of the abuse and any physical injuries caused; | |
| · the nature and duration of the psychological injury and its effect on the injured person’s ability to cope with life, education, and work; | |
| · the effect on the injured person’s ability to sustain personal and sexual relationships; | |
| · abuse of trust; | |
| · the extent to which treatment would be successful; | |
| · future vulnerability; | |
| · prognosis for psychological injury. | |
| · Aggravating features which would lead to an additional sum for injury to feelings include: | |
| · the nature of the abuse; | |
| · the level of abuse of trust; | |
| · any manipulation following the abuse to stop reporting of the abuse, or to seek to put blame on the injured party; | |
| · the need for the injured party to give accounts and evidence of the abuse in criminal or civil proceedings, or in any other relevant investigation. | |
Claims relating to sexual and physical abuse
Such claims usually include a significant aspect of psychiatric or psychological damage. The figures below provide a useful starting point in the assessment of general damages in such cases. It should not be forgotten, however, that this aspect of the injury is likely to form only part of the injury for which damages will be awarded. Many cases include physical or sexual abuse and injury. Others have an element of false imprisonment. The fact of an abuse of trust is relevant to the award of damages. A further feature, which distinguishes these cases from most involving psychiatric damage, is that there may have been a long period during which the effects of the abuse were undiagnosed, untreated, unrecognised, or even denied.
Severe £45,000 to £120,000
In these cases, the injured person will have suffered serious abuse and/or severe and prolonged psychiatric injury. On the upper end, the abuse will have had serious effects on their ability to cope with education, work, and to sustain personal and sexual relations. There may be elements of false imprisonment. Where despite the seriousness of the abuse and problems caused, the prognosis is good, and the lower end of the bracket is appropriate. The majority of cases in this bracket fall within the range of £55,000 to £90,000.
Moderately Severe £20,570 to £45,000
Cases where the abuse is less serious and prolonged and there is a less severe psychological reaction with fewer effects on education, work, or relationships. This bracket also includes cases where there has been a more serious level of abuse, but the psychological reaction is limited and is either resolved or the prognosis is good. There may be some aggravating features.
Less Severe £9,730 to £20,570
Where the abuse is at a lower level of seriousness and short-lived and the psychological effects are mild or resolved quickly, or the prognosis for resolution with treatment is very good. There will be few if any aggravating features.
Post-Traumatic Stress Disorder
Cases within this category are exclusively those where there is a specific diagnosis of a reactive psychiatric disorder following an event that creates psychological trauma in response to actual or threatened death, serious injury, or sexual violation. The guidelines below have been compiled by reference to cases that variously reflect the criteria established in the 4th and then 5th editions of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR and DSM-5). The symptoms may include nightmares, flashbacks, sleep disturbance, avoidance, mood disorders, suicidal ideation, and hyper-arousal. Symptoms of hyper-arousal can affect basic functions such as breathing, pulse rate, and bowel and/or bladder control.
Severe – £52,490 to £88,270
Such cases will involve permanent effects which prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level. All aspects of the life of the injured person will be badly affected.
Moderately Severe – £20,290 to £52,490
This category is distinct from (a) above because of the better prognosis which will be for some recovery with professional help. However, the effects are still likely to cause significant disability for the foreseeable future. While there are awards that support both extremes of this bracket, the majority are between £22,930 and £29,590 (£25,220 and £32,550 accounting for 10% uplift).
£20,290 to £52,490
Moderate – £7,170 to £20,290
In these cases, the injured person will have largely recovered and any continuing effects will not be grossly disabling.
Less Severe – £3,460 to £7,170
In these cases, a virtually full recovery will have been made within one to two years and only minor symptoms will persist over any longer period.
Financial Losses
In addition to compensation for your injuries, we will also look to claim for any financial losses that you have incurred or sustained because of the incident.
This can include:
- private treatment costs
- lost income for recovery or treatment
- care from family and friends (gratuitous care)
- prejudice on the job market (Smith v Manchester award)
- all other incident related financial losses
To see how you can claim the compensation you deserve get in touch with us today:
- call: our team on 0113 2247804
- email: [email protected]
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