By Jo Anderson. Last updated 1st August 2023. We understand how difficult and traumatic a rape or sexual assault can be. As specialist solicitors, we can help you claim rape compensation through the Criminal Injuries Compensation Authority (CICA).
In this guide, we explain how that process works, how much compensation you could receive, and how we can help you under a No Win No Fee agreement.
If you’d rather speak with us now, our helpline is open 24 hours a day. You can take advantage of our free case check and get free advice on your options.
- You can speak to us in confidence on 0800 073 8801
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- Or you can write to us about claiming compensation for rape here
Select A Section
- What Is Compensation For Rape Victims?
- How To Report A Rape To The Police
- The Role Of The CICA In Rape Compensation Claims
- What Evidence Can Support Rape Compensation Claims?
- How Much Compensation Do You Get For Rape?
- Could I Be Compensated For Any Losses Or Expenses?
- Can I Claim On A No Win No Fee Basis?
- Why Let Our Team Handle Your Claim?
- Start Your Claim
- Rape Victim Support Resources
What Is Compensation For Rape Victims?
Rape compensation is meant to go some way towards the victim’s loss of amenity, pain and suffering of their injuries caused by a rape attack. Financial expenses may also be included within compensation for a rape victim. These injuries could be physical, psychological or a mix of the two.
What Is Rape?
In terms of defining rape, we can look to the Sexual Offences Act 2003. In the act, rape is defined as an intentional penetration of the victim’s anus, mouth or vagina with a penis, when the victim does not consent to it, or the perpetrator does not have the reasonable belief that the victim consents. While rape carries a maximum sentence of imprisonment for life, there could be cases whereupon no one is caught or no one is convicted for rape, despite the best efforts of the police – and the victim – to do so.
The reasons for this could vary. Examples could include situations where the perpetrator may not have lived long enough for them to be brought to justice, or where it was not possible for the victim to identify the perpetrator. To find out whether you could be eligible to claim, you could obtain a free, no-obligation case check from Accident Claims UK. We could also help provide a personal injury solicitor to assist with your claim.
How To Report A Rape To The Police
One condition that must be met by those wanting to claim rape victim compensation in the UK is that it would have to have been reported to the police. It could be very difficult for a rape victim to come to terms with such a terrible experience, but it is vital that victims speak to someone about what has happened to them. Rape is a crime and as such, it should be reported to the police.
Other Organisations Who Can Support You
If you are struggling to bring yourself to speak to the police initially, it could be a good idea to call some of the organisations below, who could offer you support as a victim of rape.
When you are ready to report the rape to the police, you can do so via phone (101, or 999 if the rape has just happened), by visiting your police station, or Victim Support.
The Role Of The CICA In Rape Compensation Claims
You could make a criminal injury claim for compensation for rape through the Criminal Injuries Compensation Authority (CICA). The CICA deal with criminal injury claims for those who have been physically or mentally injured due to them being a victim of a violent crime in England, Wales or Scotland.
The CICA state that when you are making a criminal injury claim through them, to be able to receive an award, your injury must be listed in the tariff of injuries that is set out in the Criminal Injuries Compensation Scheme 2012.
When making a rape compensation claim through the CICA, there are certain eligibility criteria that you must meet. These are:
- The incident must have taken place in England, Scotland, Wales or another relevant place, such as a boat registered the any of these countries.
- You must have reported the incident to the police.
- Your claim must be made within the correct time limits (this is generally 2 years).
- You must have been injured in a crime of violence. Some examples that the CICA Scheme define as a crime of violence include sexual abuse, assault and arson.
If you have any further questions about making a criminal injury claim through the CICA, you can contact our team of advisors.
What Is A CICA Rape Compensation Claim?
Rape compensation can be paid out through the criminal injuries compensation scheme, which is administrated by the CICA. You would have to confirm that you were unable to claim compensation in another way, such as from the perpetrator or their employer, for example in order to be eligible to claim. However, if you have other claims in progress, this does not bar you from beginning a criminal injury claim through the CICA.
Your claim would be assessed based on:
- Information from the police
- Information provided by you
- Your criminal record
- Medical evidence
You may have to undergo a medical examination for a medical report to be produced and may also be required to see a psychologist if you are claiming for mental injuries associated with the rape.
What Evidence Can Support Rape Compensation Claims?
We mentioned some of the evidence, in terms of the medical/psychologist report that could be required for rape compensation cases. However, there are other types of evidence that may prove useful too.
Your statement – It may be useful for you to write down the details of what happened to you. While this may be difficult to do, it could prove useful in evidencing what happened and how it has affected you.
Any witness details – If someone witnessed the rape, it could be important to get their contact details so that they could be called on to provide a witness statement.
Any proof of expenses relating to your injuries – If you have lost out on wages, or incurred other expenses due to your injuries, it would be wise to keep them safe. If you are unable to evidence any expenses, you would not be able to claim for them. The kinds of expenses you could claim for are discussed in more detail in a later section of this guide.
How Much Compensation Do You Get For Rape?
Let’s take a look at how much compensation you could get for rape.
When making a claim through the CICA, your injuries will be valued in line with the tariff of injuries outlined in the Criminal Injuries Compensation Scheme 2012. You can claim via the CICA for more than one injury; although the maximum number of injuries you could be compensated for when making an assault claim or other criminal injury claim is three.
These would be compensated on a sliding scale, from most serious (100% of tariff value), to second most serious (30%) and third most serious (15%). You can see the tariff amounts in the table below. These could give you some idea of how much you could look to receive for certain injuries.
Injury | Remarks | CICA Tariff |
---|---|---|
Rape | One attacker | £11,000 |
Rape | More than one attacker | £13,500 |
Rape | Causing internal injuries (serious) | £22,000 |
Rape | Resulting in moderate mental illness | £22,000 |
Rape | Resulting in severe mental illness | £27,000 |
Rape | Causing internal injuries (serious) and resulting in moderate mental illness | £33,000 |
Rape | Causing internal injuries (serious) and resulting in severe mental illness | £44,000 |
Pregnancy | Additional amount for pregnancy caused by rape | £5,500 |
STIS | Substantial level of recovery (This does not include Hepatitis B or C or HIV) | £5,500 |
STIS | Permanent disability (This does not include Hepatitis B or C or HIV) | £11,000 |
STIS | One or more of Hepatitis B, C and HIV | £22,000 |
Loss of Foetus | Through violence | £5,500 |
As well as the tariff amounts for your injuries, in some cases, you might be able to recoup some other costs and losses incurred in compensation for assault. For more information on this, please get in touch on the number above.
Claiming against a perpetrator for rape injuries
In some cases, you could claim directly against a perpetrator, or a vicariously liable third party. In such cases, your injuries can be valued in accordance with guidelines from the Judicial College. This is a legal publication that could be used by solicitors to help them value the general damages portion of your settlement. General damages seek to compensate for the pain and suffering your injuries have caused you.
The table below contains figures from this publication. However, you should only use these as a guide because your settlement could differ from what’s listed in the table.
Type of injury | Notes | Judicial College Guideline Bracket |
---|---|---|
Psychiatric Injury – Severe | With a very poor prognosis for recovery. The injured party would be severely affected in terms of their coping ability with normal life, work and relationships. | £54,830 to £115,730 |
Psychiatric Injury – Moderately Severe | With a more optimistic prognosis for recovery. The injured party would be significantly affected in terms of their coping ability with normal life, work and relationships. | £19,070 to £54,830 |
Psychiatric Injury – Moderate | With a good prognosis for recovery. The injured party would be moderately affected in terms of their coping ability with normal life, work and relationships. | £5,860 to £19,070 |
Severe Post Traumatic Stress Disorder | The injured party would not be able to function to the level they did before suffering trauma. They would be permanently affected. | £59,860 to £100,670 |
We would be happy to talk to you about your assault claim, and explain how much you could receive. Our solicitors could help ensure you receive a fair settlement.
Could I Be Compensated For Any Losses Or Expenses?
As well as the compensation you could receive for the pain, loss of amenity and suffering caused by the rape, you could also claim compensation for expenses incurred as a result of your injuries. The financial expenses you could claim for could differ depending on whether your claim was through the CICA or against a liable party, such as the rapist or their employer.
Financial Expenses Through The CICA
To claim financial expenses through the CICA, you’d be required to prove that your expenses could not be covered anywhere else, such as through the benefits system, the local authority or the NHS, for example. CICA would only compensate you for reasonable costs incurred as a direct result of your injuries and there are restrictions on how much you could receive.
CICA Claims Expenses
- Loss of income (Only if you have been away from work for over 28 weeks. This is calculated at the Statutory Sick Pay rate at the time your claim is decided).
- Physical aids/home adaptations – If you need physical aids because of your injuries and these cannot be provided by the NHS, they could be compensated for through the CICA.
- Care costs – If you required care at home because of your injuries, and this could not be covered via another source, it could be included in your CICA claim.
- Damage to property – If your property was damaged during the attack, reasonable costs to replace items could be included in your claim.
Civil Claims And Special Damages
Special damages in civil compensation cases against perpetrators/their employers, for example, could include:
- Loss of income – These losses could be recoverable at your usual rate of pay. You may also be able to claim for future income losses if your injuries are so serious you cannot return to work.
- Care costs – If you needed care at home because of your injuries, these costs could be recovered as part of your claim.
- Travel/Medical expenses – Costs for medical or travel expenses incurred because of your injuries could be recovered as part of a personal injury claim. This could include prescription fees, counselling costs, transport to hospital appointments or appointments with your lawyer, for example.
As with CICA claims, it is vital that you retain the proof of costs or losses caused by your injuries. If you are not able to evidence your expenses, you would not be able to claim for them.
Can I Claim On A No Win No Fee Basis?
If you are claiming compensation for a rape where no one was caught or convicted, you may be wondering how you would go about paying for a personal injury solicitor to help you with your claim. You might be interested to know that if you chose to work with a No Win No Fee rape compensation solicitor, you would not have to pay them anything up front or throughout your claim. You would need to sign a Conditional Fee Agreement that promises your solicitor a small, legally capped success fee if they achieve a compensation payout for you. If they don’t manage to get you any compensation, you would not have to cover their costs incurred while pursuing your claim and you would not have to pay the success fee either.
Claiming on a No Win No Fee basis could allow you to have the financial confidence to make a claim. We could provide a solicitor that works on this basis to help you.
Why Let Our Team Handle Your Claim?
We want to ensure every rape victim gets compensation for their injuries. At Accident Claims UK, our specially trained advisors could answer any questions you might have about making a rape claim, whether it is historical rape or statutory rape compensation you’re looking to claim. We could also listen to what has happened to you, in confidence, and provide a free, no-obligation case assessment to see if you could be eligible to claim, even if no one has been convicted or even caught for your rape.
If, after we have assessed your case, we feel that you could be eligible to claim rape compensation, we could provide you with a No Win No Fee lawyer who could fight for the compensation you deserve for your horrific experience. We have years of experience in helping victims of crime successfully claim compensation for their injuries, and our specially trained team are able to explain any legal terms you may not be familiar with, so you can remain in control of your claim at all times.
Start Your Claim
If you’re ready to begin a claim, or you want to ask us a question about your case, you can reach us by any of the following ways:
- By phone: 0800 073 8801
- Email: office@accidentclaims.co.uk
- Via our contact form
- Or, through our Live Chat service
With advisors on hand to help you right now, there really is no better time to begin a claim.
Rape Victim Support Resources
Below, you can find more resources on criminal injury claims.
- CPS Prosecuting Rape – Here, you can find out more about how the CPS prosecute rape cases.
- Details Of The CICA Scheme – You can find information about making CICA claims here.
- Sexual Abuse Claims – This guide covers sexual abuse claims in detail. If you have suffered injury from sexual abuse, it could be useful.
- More On Rape Compensation – You can read more general guidance on rape compensation claims in this guide.
- Psychological Injury Claims – You can find out more about making claims for psychological injuries here.
To learn more about claiming rape compensation, please get in touch.