When Can Rape Victims Claim Compensation?

This guide will explore the process of claiming rape victims’ compensation. An attack like this could affect you physically as well as leaving you with psychiatric problems like post-traumatic stress disorder (PTSD).

rape victims' compensation

Rape victims’ compensation guide

This guide explains how to make a claim through a government-sponsored agency called the Criminal Injuries Compensation Authority (CICA). This scheme can award compensation to victims who sustained harm because of a violent crime in England, Scotland or Wales.

Throughout this guide, we aim to look at the process of claiming rape victims’ compensation if you were injured in a crime of violence. Or, if you prefer, you can speak with a member of our team directly for free and in complete confidentiality. Get in touch by:

Choose A Section

    1. When Can I Receive Rape Victims’ Compensation?
    2. How Do I Make A Criminal Injury Compensation Claim?
    3. Compensation For Rape Victims – What Evidence Will I Need?
    4. Potential Criminal Compensation Payouts
    5. Why Seek Criminal Injuries Compensation on a No Win No Fee Basis?
    6. Learn More About Rape Victims’ Compensation

When Can I Receive Rape Victims’ Compensation?

Rape is defined in law under section 1 of the Sexual Offences Act 2003 as a criminal offence. It is when a person (A) intentionally penetrates with their penis the mouth, vagina or anus of another person (B), and does so without the consent of (B) or without a reasonable belief that (B) consents to the penetration. You may also be able to claim for sexual assault, which is when someone touches another person sexually without their consent.

This article will look at the medical and police evidence needed to support a claim through the CICA. Furthermore, we will look at the eligibility criteria that apply to claiming.

You can claim for sexual abuse through the CICA. You can also claim for any physical injuries sustained as a result, such as a broken jaw or fractured leg. Furthermore, any mental injuries you have sustained will be considered when your claim is being valued.

Please feel free to get in touch at any point whilst reading for free legal advice on how to apply for criminal injuries. If you have a valid case, you could be passed on to one of our lawyers.

How Do I Make A Criminal Injury Compensation Claim?

There are some criteria to be aware of at the outset of seeking rape victims’ compensation through the CICA. You need to show that:

  • You were directly injured as a result of a crime of violence, as defined by the Criminal Injuries Compensation Scheme
  • The crime happened in England, Scotland, Wales or another relevant place
  • You meet nationality and residency criteria
  • The incident was reported to the police

There’s no requirement for someone to have been convicted, charged or identified in order for you to claim rape victims’ compensation through the CICA.

Time Limits

In addition to these points, there is a 2-year time limit applicable to starting a compensation claim through the CICA. This starts from when the incident was reported to the police, which should be as soon as possible.

You may be able to pursue a claim outside of this time limit if exceptional circumstances mean that you weren’t able to claim within it. Furthermore, there are some circumstances where this time limit can vary, such as in cases that involve children, or adults without the mental capacity to claim. Speak with a member of our team for information on how long you have in which to start your claim.

Non-CICA Claims

In some cases, you may be able to make a claim against the perpetrator of the attack. In these cases, you would need to know who this party is, and they would need to have the funds available to award you compensation.

Furthermore, you could also claim against a liable party. For example, if you were a victim of rape in school and the perpetrator was a teacher, you may be able to claim. You would only be able to do this if you can show that it happened because of a breach of duty; for example, if the school did not carry out a DBS check which would have shown that the perpetrator had previous convictions, that would have resulted in them not being offered the job.

There is a 3-year time limit to start a claim for rape victims’ compensation in this way. Speak to our advisors for guidance on the best way to approach your claim.

Compensation For Rape Victims – What Evidence Will I Need?

You will be expected to prove the following to the CICA:

  • Residency criteria
  • A crime number, which proves the crime was reported to the police
  • Medical evidence. You will be expected to cover reasonable costs relating to medical evidence yourself

The CICA will then be able to communicate with the police to confirm:

  • That you cooperated with the police in their investigations.
  • Whether you have any criminal convictions that could affect your claim

For more information on evidence you may need to provide to claim rape victims’ compensation, speak with an advisor today. If you have a valid case, an advisor could connect you with one of our lawyers.

Potential Criminal Compensation Payouts

When you successfully claim rape victims’ compensation, as part of your settlement, you will receive compensation for your injuries.  The amounts that are awarded in CICA claims come from the CICA tariff of injuries found in the Criminal Injuries Compensation Scheme.

The table below shows examples of compensation amounts that can be awarded:

[table id=33 /]

However, you can also use our compensation calculator to value your claim. You can use our criminal injuries compensation calculator to value other kinds of claims, such as those for attempted murder or sexual abuse at work.

It’s important to note that you can only be compensated for up to 3 injuries from this tariff. However, there is a separate tariff from which awards can be made if you’ve lost a foetus, become pregnant or contracted an STI as a result of the attack.

You could also be awarded special expenses to cover the cost of damage to property or equipment that you relied upon and that was damaged in the attack, such as eyewear, walking aids and hearing aids. It also relates to certain costs arising from treatment for injuries.

Finally, you could be awarded loss of earnings compensation. You need to show that the impact on your income lasted longer than 28 full weeks from the date of the reported incident in order to claim loss of earnings or special expenses. While special expenses will be backdated to the date of the incident, loss of earnings will only be awarded from the 29th week onwards.

Why Seek Criminal Injuries Compensation on a No Win No Fee Basis?

You may want to work with a criminal injury solicitor when pursuing compensation but be concerned about the prospect of paying upfront or ongoing fees to legal representatives with no guarantee of a settlement. If so, you may be interested in working with a lawyer with a No Win No Fee agreement in place. A popular form of this kind of agreement is a No Win No Fee agreement.

With this kind of agreement, there is generally:

  • Nothing to pay as the claim progresses or in order for them to start working on your case
  • No requirement to pay to your lawyer for their services in an unsuccessful claim
  • Only a legally-capped success fee to pay to your lawyer in the event of a successful claim, which will be deducted from your settlement amount

Contact Us For Free Legal Advice Today

If you would like to learn more, speak to our team by:

Learn More About Rape Victims’ Compensation

As well as rape victims’ compensation guidance, the links below offer further resources to help:

We have also included links to more of our pages below:

Writer Jeff Winkle 

Publisher Fern Smithers