Tag Archives: sexual assault claims

How Compensation Is Calculated in Sexual Assault Claims

Understanding Your Right to Compensation

If you’ve experienced sexual assault, seeking compensation through a civil claim can be an important step in reclaiming control and accessing justice. At Ison Harrison, we understand how difficult this journey can be. Our specialist team offers compassionate, confidential support to help survivors understand their legal rights and options.

This article explains how compensation is calculated in sexual assault claims, including the types of damages available and what factors influence the final award.

What Does Compensation Cover?

Compensation in sexual assault claims is typically divided into two categories:

General Damages

These cover the pain, suffering and loss of amenity resulting from the assault. The amount awarded depends on:

The severity and nature of the assault
Psychological impact (e.g. PTSD, anxiety, depression)
Long-term effects on daily life, relationships, and employment

The Judicial College Guidelines provide a framework for assessing general damages. For example, awards for psychiatric injury can range from a few thousand pounds to over £100,000 in the most severe cases.

Special Damages

These compensate for financial losses directly linked to the assault, such as:

Loss of earnings (past and future)
Medical and therapy costs
Travel expenses for treatment
Costs of care or support

Special damages are calculated based on actual evidence, such as payslips, receipts, so it’s important to keep records.

Factors That Influence Compensation

Each case is unique. The final compensation amount will depend on:

The evidence available (medical, psychological, financial) supports the claims made by your solicitor
The overall impact on your life and wellbeing going forward
Whether the claim is made against an individual, employer, institution, or via the Criminal Injuries Compensation Authority (CICA). Claims against an employer or an institution will usually have an insurer to make payment whereas a claim against an individual will rely upon them having available assets to cover both compensation and legal fees.

Our team will guide you through the process, ensuring your claim is fully supported and sensitively handled.

Seeking Justice with Confidence

We know that coming forward can be daunting. At Ison Harrison, we offer a safe, confidential space to discuss your options. You don’t need to go through this alone.

Our experienced solicitors will listen without judgment, explain your rights clearly, and help you pursue the compensation you deserve. This applies whether you are seeking an award through civil proceedings or via the CICA scheme.

Contact Us

If you’re considering a sexual assault claim, speak to our specialist team today. We’re here to help you take the next step with confidence and care.

Call us on 0113 284 5000
Email: [email protected]

How Civil Courts Assess Damages in Sexual Assault Claims

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]

I Was Sexually Assaulted While on Holiday Abroad by a Member of the Hotel Staff – Can I Claim?

For many, a holiday abroad is a time of rest, joy, and escape. But for some, that experience is shattered by the trauma of sexual assault, especially when the perpetrator is someone entrusted with your safety, such as a member of the hotel staff. If this has happened to you, you may be left wondering: Can I claim compensation? Where do I even begin?

At Ison Harrison, we understand how overwhelming this situation can be. This article explains your potential legal options, including whether you can claim through the Criminal Injuries Compensation Authority (CICA) and whether a civil claim against the hotel may be possible under the principle of vicarious liability.

Understanding the CICA Scheme – And Its Limits

The Criminal Injuries Compensation Authority (CICA) is a government-funded scheme that provides financial compensation to victims of violent crime in England, Scotland, and Wales. It is designed to recognise the harm suffered by victims and help them move forward.

However, the CICA scheme has strict eligibility criteria, and one of the most important is location. The scheme generally only covers incidents that occur within Great Britain

So, what if the assault happened abroad?

Unfortunately, if the assault occurred outside the UK, CICA compensation is usually not available, even if you are a UK resident. There are very limited exceptions, such as if the assault was committed by a UK national and prosecuted in the UK, or if you were working abroad for the UK government or armed forces at the time

This means that for most victims of sexual assault abroad, CICA is not the route to compensation. But that does not mean you are without options.

Civil Claims: Holding the Hotel Accountable

If you were assaulted by a hotel employee, you may be able to bring a civil claim for compensation against the hotel itself. This is based on the legal principle of vicarious liability, where an employer can be held responsible for the wrongful acts of its employees if those acts are closely connected to their employment.

What does this mean in practice?

Let’s say a hotel cleaner used their access to your room to commit the assault. Or a member of the entertainment staff assaulted you during a hotel-organised event. In such cases, the hotel may be held vicariously liable for the actions of its employee.

To succeed in a civil claim, we would need to show:

The staff member was acting in the course of their employment when the assault occurred.
The hotel had a duty of care to protect guests and failed in that duty—perhaps by failing to vet staff properly, ignoring complaints, or not providing adequate security.
The assault caused you physical, emotional, or psychological harm.

If the hotel is part of a UK-based chain or has a UK presence, a civil claim may be brought in the UK courts. Where this isn’t possible, we can advise on legal options in the country where the assault occurred.

However, if your holiday was booked as a package through a UK tour operator, the Package Travel Regulations 2018, supported by the Association of British Travel Agents (ABTA), may offer another route to compensation. These rules require UK travel organisers to ensure all parts of the holiday are delivered with reasonable care. If a hotel employee commits a criminal act while performing their duties, this may breach the contract. Following the Supreme Court’s decision in X v Kuoni, UK tour operators can be held liable for such incidents, even if they occur abroad. At Ison Harrison, we can assess whether your holiday falls under these regulations and advise on pursuing a claim against the tour operator where the hotel itself is outside UK jurisdiction.

Why Choose Ison Harrison?

At Ison Harrison, we have a long-standing reputation for supporting victims of sexual assault with compassion, discretion, and determination. We understand the courage it takes to come forward, and we are here to guide you every step of the way.

Our team offers:

Free, confidential consultations
Specialist legal advice on both CICA and civil claims
No-win, no-fee representation in appropriate cases
Support with police reporting, evidence gathering, and medical assessments
A trauma-informed approach that puts your wellbeing first

We don’t just handle claims—we help people rebuild their lives.

What Should You Do Next?

If you’ve been sexually assaulted abroad by a hotel staff member, here’s what we recommend:

Report the incident to the local police and request a copy of the report.
Seek medical attention and emotional support—your health and safety come first.
Keep any evidence, including hotel correspondence, witness details, or travel documents.
Contact Ison Harrison for expert legal advice on your options.

You Are Not Alone – Let Us Help You Seek Justice

Sexual assault is never your fault. And even if it happened abroad, you may still have a path to justice and compensation. At Ison Harrison, we are here to listen, advise, and act on your behalf.

Call us today on 0113 284 5000
Email: [email protected]