When a person experiences sexual assault, the impact can be devastating—physically, emotionally, and psychologically. While no amount of money can undo the trauma, civil claims can offer survivors a sense of justice, recognition, and financial support to aid recovery. At Ison Harrison, we understand how sensitive and personal these cases are. Our team is here to guide you with compassion, clarity, and expertise.
Understanding Civil Claims for Sexual Assault
Unlike criminal proceedings, which focus on punishing the offender, civil claims are about compensating the survivor. These claims are brought against the perpetrator or, in some cases, an institution that failed in its duty of care, through the civil courts.
The standard of proof in civil cases is lower than in criminal trials. While criminal courts require proof “beyond reasonable doubt,” civil courts decide on the “balance of probabilities.” This means a survivor may still succeed in a civil claim even if there was no criminal conviction.
How Damages Are Assessed
Civil courts assess damages based on the harm suffered by the claimant. In sexual assault cases, this includes:
- General Damages
These compensate for pain, suffering, and loss of amenity. Courts consider:
- The nature and severity of the assault
- Psychological harm (e.g. PTSD, anxiety, depression)
- Impact on relationships, work, and daily life
Judges often refer to the Judicial College Guidelines, which provide a framework for valuing injuries, including psychiatric harm. For example, severe psychological damage with a poor prognosis may attract awards exceeding £100,000, while moderate cases may fall between £15,000 and £40,000.
- Special Damages
These cover financial losses directly linked to the assault, such as:
- Loss of earnings (past and future)
- Therapy or counselling costs
- Medical expenses
- Travel costs for treatment
Each case is unique, and courts will require evidence, such as payslips, medical reports, and expert assessments, to support these claims.
- Aggravated and Exemplary Damages
In some cases, courts may award aggravated damages to reflect particularly distressing or humiliating conduct by the defendant. Exemplary damages, though rare, may be awarded to punish especially egregious behaviour and deter others.
Real-World Considerations
In the case of JT v First Tier Tribunal, the court acknowledged that victims of sexual offences often suffer a wide range of effects beyond the physical and psychological, including long-term emotional distress and reduced quality of life
This recognition is crucial in ensuring survivors receive fair compensation that reflects the full impact of their experience.
Time Limits and Exceptions
Generally, survivors have three years from the date of the assault, or from when they first realised the harm caused, to bring a civil claim. However, courts can exercise discretion to allow claims outside this period, especially in cases involving childhood abuse or delayed trauma. If you’re unsure about time limits, we strongly encourage you to speak with us.
Why Choose Ison Harrison?
At Ison Harrison, we have a dedicated team experienced in handling sexual assault claims with the utmost sensitivity and discretion. We listen without judgment, explain your options clearly, and support you every step of the way. Whether you’re ready to take legal action or just want to understand your rights, we’re here to help.
Speak to Someone Who Understands
If you’ve experienced sexual assault and are considering a civil claim, you don’t have to face it alone. Contact our specialist team at Ison Harrison for a confidential, no-obligation consultation. We’ll help you understand your rights and explore your options with care and respect.
Call us on 0113 284 5000
Email us at [email protected]
