No Win, No FeeTrying to comprehend the harm caused when a father sexually abuses their child is unfathomable for most of us. Such a hideous act is likely to lead to years of mental trauma for the child as they grow up which can have an impact on all aspects of their life. While being awarded compensation for that trauma won’t undo what has happened, it could help you to deal with some of the issues arising from your abuse. In this guide, we’ll explain when compensation for being sexually abused by your father could be claimed and what options you have if you do decide to take action.
We have a team of specialist advisors on hand if you’d like to discuss your options. During a no-obligation consultation, your advisor will listen to how you’ve suffered and offer free legal advice. You don’t have to proceed to a claim but if that’s what you decide to do, and a personal injury lawyer from our panel agrees to help, you’ll be represented on a No Win, No Fee basis. As such, you won’t need to pay any lawyer’s fees unless you are compensated.
If your father has sexually abused you, please call us on 0800 652 1345 to see if you might be entitled to compensation. You’ll also find more important information on your eligibility to claim in the rest of this guide.
What constitutes sexual abuse by a father?
There is no easy way to describe sexual abuse by a father. Perhaps it’s best to say that it’s any form of sexual activity with a child (including sons and daughters who are now adults).
Legally, sexual abuse crimes are linked to the Sexual Offences Act 2003. This piece of legislation can be used as grounds to prosecute fathers who sexually abuse their children. Some of the acts that are covered by the act include:
- Rape of a child under 13 years old.
- Assault of a child under 13 by penetration.
- Causing or inciting a child under 13 to engage in sexual activity.
- Sexual assault of a child under 13.
The legislation also includes laws to cover sexual abuse of children over 13 years of age as well.
Common forms of sexual abuse
Forms of sexual abuse by fathers that could result in compensation claims include:
- Being forced to watch or look at pornographic images.
- Sexual touching or groping over or underneath clothing.
- Penetrative sexual assault.
- Forced kissing.
- Being forced to engage in sexual acts with others.
- Sexual trafficking and exploitation.
- Voyeurism and exposure.
- Sexual grooming.
Importantly, sexual abuse can take many forms. It can be physical, psychological and verbal. For any form of sexual abuse by your father, you could be compensated for both psychiatric harm and physical injuries.
What to do if you’ve been sexually abused by your father
If you have been sexually abused by your father, you should remember that it is not your fault. Confidential help is available both online and over the phone.
If you’re still a child and need help, you can call the police on 999 or speak to Childline online or on 0800 11 11.
Parents, friends or relatives who have concerns about a child who is being sexually abused by their father could speak to:
- The National Domestic Abuse Helpline – 0808 2000 247.
- The police on 101 or 999 in an emergency.
- The NSPCC helpline – 0808 800 5000.
Importantly, a child should be taken to hospital if they’ve been injured following sexual abuse by their father. If you are the first person the child has told about their abuse, you should report the matter to the police.
How to claim compensation if you’ve been sexually abused by your father
In law, if you’re injured by someone else, you may have the grounds to sue them in a civil compensation claim. However, many sexual abusers don’t have the money to pay any compensation order made against them.
As such, another option is to claim through the Criminal Injuries Compensation Authority (CICA). They are a government agency that manages a fund that could compensate you if you’ve been sexually abused by your father.
The claims process for civil claims and CICA claims is slightly different but a personal injury solicitor from our panel can help with either. Please get in touch if you’d like advice on your options.
Can I make a claim through the CICA?
The rules for making CICA claims are slightly different to other types of injury claims. The main criteria that must be met before they’ll approve your claim state that the claimant must have:
- Been a blameless victim of a crime; and
- Sustained injuries (psychological or physical); and
- Informed the police about the crime.
Additionally, the sexual abuse by your father must’ve happened in Great Britain or another relevant place to be entitled to claim through the CICA scheme.
How long do I have to lodge a claim?
CICA claims have a 2-year time limit as defined by the scheme’s rules. Generally, this will start from the date the abuse happened. However, children are exempt from this time limit so claims can be made at any time before their 18th birthday.
In cases of historical sexual abuse by a father, it is completely understandable that you may not feel able to report the crime to the police until later in life. In these cases, your claim could still proceed because the CICA can extend limitation periods in exceptional circumstances. If they do, the time limit could begin from the date you reported the crime to the police.
Claiming compensation on behalf of a child sexually abused by their father
It’s important to note that children under the age of 18, cannot take legal action on their own. However, adults can claim on the child’s behalf by becoming their litigation friend.
Once approved as the child’s representative, you can make decisions and instruct solicitors on their behalf. The claim will then continue in the normal way but any compensation offer will be checked by a court and held in trust until the child’s 18th birthday. Before then, funds can be released if you send an explanation in writing as to how the child will benefit.
My father was never prosecuted, can I still claim?
The rules for CICA claims are different to the rules of criminal justice. Where a court would look for guilt ‘beyond all reasonable doubt’, CICA assesses claims on the ‘balance of probabilities’.
That means that even if your father was never charged, tried or found guilty of sexual abuse, you could still be entitled to compensation.
How much compensation for being sexually abused by father?
As you might imagine, no two claims for sexual abuse by a father are the same. As such, it’s not possible to say exactly what level of compensation you might receive until your claim has been properly assessed.
If a CICA officer approves your claim, they’ll begin to put a value on any physical or mental injuries. This is done by referring to the scheme’s tariff of injuries. Importantly, you can only be compensated for the three most serious injuries. You’ll receive 100% of the tariff for the most serious injury, 30% for the next and 15% for the next.
As stated above, as well as your physical injuries, it’s possible to claim for mental injuries including:
- Sleep disorders.
- Post-Traumatic Stress Disorder (PTSD).
- Distress and anxiety.
- Depression.
- Flashbacks and panic attacks.
All CICA claims need a medical report from an independent specialist to verify your level of suffering. You needn’t worry about this as the appointment (usually held locally) will be arranged by your solicitor. During the appointment, the specialist will try to ascertain how you’ve suffered and then produce a report to explain your prognosis.
Special expenses for sexual abuse compensation claims
The CICA scheme can pay for out-of-pocket expenses sustained because of the sexual abuse by your father. You need to prove that these costs are necessary, and reasonable and cannot be provided by other means (benefits, NHS etc).
The types of expenses that could be included in a CICA settlement include:
- The cost of modifying your home (inside and out) to make it easier for you to deal with any disabilities arising from your injuries.
- Care costs to cover the time somebody else spent feeding or bathing you for example.
- The cost of mobility aids or other devices not provided by the NHS.
- Medical expenses and treatment costs.
These costs can only be claimed if your injuries affected you for a period of more than 28 weeks. However, if the claim is successful, special expenses are paid from day one.
To see what you might be able to claim if you’ve been sexually abused by your father, please call our team today.
Loss of earnings claims
If you’re claiming later in life for historical sexual abuse by your father, you could claim back lost earnings because of the abuse. However, you will need to show that your ability to work was reduced for more than 28 weeks and any payment will only cover losses from week 29.
Wages slips, bank statements and P60s could all be used as evidence to prove your losses.
How long to CICA take to process sexual abuse claims?
There is no set timeframe for CICA claims but they do state that they try to process them within 12 months. Some can be finalised quicker while others can go beyond the 12-month period.
Factors that can affect how long your claim takes include:
- Where CICA have to request medical or police reports.
- If you don’t respond to any queries from the CICA quickly.
- Where the extent of your injuries is not yet fully understood.
To try and ensure that your claim is processed as efficiently as possible, your solicitor will try to respond quickly to all queries on your behalf.
Once a settlement offer has been agreed upon, it will be paid by the CICA within 20 working days.
No Win, No Fee claims
Our panel of personal injury lawyers provide a No Win, No Fee service. Knowing that you’ll only pay legal fees if you are compensated usually goes some way to reducing the amount of stress involved with making a sexual abuse claim.
At the start of the claims process, you’ll receive a Conditional Fee Agreement (CFA). This is your contract that allows your solicitor to begin working on your claim once it’s been signed.
While the claim is being dealt with, your solicitor will handle everything on your behalf so you probably won’t ever need to speak to the CICA directly. As part of their service, they will also:
- Collect the proof needed to support your claim.
- Liaise with the CICA if there are any queries that arise.
- Act in your best interests at all times.
- Try to secure the highest amount of compensation for sexual abuse by a father possible to cover all of your suffering.
For claims that don’t work out, no legal fees are payable by the claimant. If the claim is won, a success fee will be deducted from your compensation to cover your lawyer’s work. This is a percentage of your settlement amount that’s legally capped at 25% (yours will be clearly listed in the CFA).
Start a sexual abuse by father compensation claim today
To help clarify your options for free, call us on 0800 652 1345. One of our specialists will deal with your call at a speed that suits you and they’ll never put you under pressure to proceed unless that’s what you want to do.
Should your claim be taken on by a solicitor from our panel, they’ll manage the whole claim on a No Win, No Fee basis.
If you’d rather discuss a compensation claim for being sexually abused by your father online, our live chat team are waiting to help.
