Sexual Assault and Abuse Compensation (UK)

Understand how sexual assault and abuse compensation is assessed under the CICA scheme, including eligibility, police reporting, evidence, awards and time limits.

Sexual assault and abuse compensation applications may involve a single incident or a pattern of offences occurring over a longer period. Incidents may affect adults or children and can result in physical injuries, psychological harm or lasting effects on everyday life.

Sexual offences are investigated through the criminal justice system, but applications may also be made to the Criminal Injuries Compensation Authority (CICA). The Scheme contains specific tariff categories for sexual offences and considers the circumstances of the incident, the nature of the offence and any physical or psychological injuries arising from it.

Police information, medical evidence and the available account of what occurred can all form part of the assessment. The offender does not need to be identified, charged or convicted, although the available evidence must support the application under the Criminal Injuries Compensation Scheme.

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FEATURED INFORMATION

Sexual assault and abuse compensation applications may involve reviewing police information, medical evidence, the nature of the offence and any resulting physical injuries or qualifying disabling mental injuries.

What sexual assault and abuse compensation involves

A sexual assault and abuse compensation application generally focuses on the nature of the offence, when and where it occurred and whether the offence or any resulting injuries fall within the Criminal Injuries Compensation Scheme.

Cases may involve a single incident, repeated offences or abuse occurring over an extended period. The assessment may consider the sexual offence itself together with any physical injuries, qualifying disabling mental injuries or other effects covered by the Scheme tariff.

The assessment often focuses on:

  • The nature and circumstances of the sexual offence
  • Whether the incident involved a single offence or repeated abuse
  • The age of the person when the abuse occurred
  • Whether the incident was reported to the police
  • Any reasons for a delay in reporting
  • Any physical injuries or qualifying disabling mental injuries
  • The available police and medical evidence
  • Whether the application meets the Scheme’s eligibility rules

An offender does not have to be identified, charged or convicted before an application can be considered. Decisions are made separately under the Criminal Injuries Compensation Scheme using the available evidence.

Common sexual assault and abuse scenarios

Situations considered under the Criminal Injuries Compensation Scheme may include:

  • Rape or attempted rape
  • Sexual assault involving physical contact
  • Repeated sexual abuse
  • Childhood sexual abuse
  • Abuse by a family member or acquaintance
  • Abuse involving a position of trust
  • Sexual offences within an intimate relationship
  • Abuse occurring over an extended period

Types of injuries and effects

Injuries and effects considered in an application may include:

  • Physical injuries arising from the incident
  • Qualifying disabling mental injury
  • Anxiety, depression or trauma-related symptoms
  • Effects on work, education and relationships
  • Sexual dysfunction from psychological injury
  • Pregnancy resulting from the offence
  • Loss of pregnancy
  • A sexually transmitted infection
  • Long-term effects of repeated or childhood abuse

What can affect an application

Factors that may affect how an application is assessed include:

  • The nature of the sexual offence
  • Whether the abuse involved one or several incidents
  • The period over which repeated abuse occurred
  • The age of the person at the time
  • When the incident was reported to the police
  • Any explanation for delayed reporting
  • Any physical injuries or qualifying disabling mental injuries
  • Whether the injuries fall within the Scheme tariff
  • The available supporting evidence

Common application issues

Issues that may arise in sexual assault and abuse applications include:

  • Delayed reporting to the police
  • Non-recent abuse cases
  • Limited records of the incident
  • Unclear timing of repeated abuse
  • Mental injury without the required specialist diagnosis
  • Ongoing treatment where recovery remains uncertain
  • Differences between police, medical and application records
  • Eligibility or time-limit issues

 

Sexual assault and abuse compensation applications can vary considerably depending on the nature and duration of the offending, the age of the person when it occurred, the injuries sustained and the supporting police and medical evidence available.

FEATURED INFORMATION

The nature of the offence, any pattern of repeated abuse, police reporting, medical evidence and resulting physical or psychological injuries can all affect how an application is assessed.

How sexual assault and abuse compensation is assessed

Sexual assault and abuse compensation is generally assessed by reviewing the nature of the offence, the circumstances in which it occurred and whether the application meets the requirements of the Criminal Injuries Compensation Scheme.

This may include:

  • Police reports and crime reference information
  • The age of the person when the offence occurred
  • Whether the case involved a single incident or repeated abuse
  • The period over which any repeated abuse occurred
  • Medical evidence relating to physical injuries
  • Evidence of any diagnosed psychological injury
  • Information about reporting delays
  • Assessment under the Scheme’s sexual-offence tariff

Where several sexual offences form part of a pattern of abuse, the Scheme generally assesses the pattern as a whole using the most serious qualifying incidents. The surrounding circumstances and period over which the abuse occurred may also be considered.

An application may still be considered where the offender has not been identified, charged or convicted. CICA decisions are made separately from criminal proceedings using the available evidence and the balance of probabilities.

In more complex cases, CICA may require additional police, medical or specialist evidence before an application can be fully assessed.

Eligibility for sexual assault and abuse compensation

Eligibility for sexual assault and abuse compensation depends on whether the incident and the applicant meet the requirements of the Criminal Injuries Compensation Scheme.

Common eligibility considerations include:

  • Whether the offence occurred in England, Scotland, Wales or another relevant place
  • Whether the incident was reported to the police
  • Whether any delay in police reporting can be reasonably explained
  • Whether the offence and resulting injuries fall within the Scheme
  • Compliance with the relevant application time limit
  • The evidence supporting the application
  • Cooperation with police and CICA enquiries
  • Nationality or residency requirements
  • Conduct and relevant unspent-conviction rules

The offender does not need to have been identified or convicted. However, the incident must have been reported to the police, and reasonable cooperation may be required during the investigation and application process.

Meeting one requirement does not automatically result in compensation, as each application is considered under the full rules of the Scheme.

Evidence commonly considered

The Criminal Injuries Compensation Authority may consider information from several sources when assessing an application involving sexual assault or abuse.

Common forms of evidence include:

  • The police crime reference number
  • Information obtained from the police and investigation records
  • Confirmation of when the offence was reported
  • Details explaining any delay in reporting
  • Medical records relating to physical injuries
  • Hospital, GP and other treatment records
  • Psychiatric or clinical-psychology evidence where a disabling mental injury is claimed
  • Information about the nature and duration of repeated abuse
  • Evidence showing how an injury has affected normal daily activities
  • Employment and income records where loss of earnings is being considered
  • Records relating to qualifying special expenses
  • Details of compensation received from another source

CICA generally confirms police information before requesting further medical evidence. Additional specialist evidence may sometimes be required where injuries or psychological effects are complex.

A disabling mental injury must normally have lasted for at least six weeks and be diagnosed by a psychiatrist or clinical psychologist.

What outcomes may include

Outcomes depend on the offence, the available evidence, the injuries sustained and whether the Scheme’s eligibility requirements are met.

They may include:

  • A tariff award for a qualifying sexual offence
  • An award based on a pattern of repeated abuse
  • Consideration of qualifying physical injuries
  • Consideration of a diagnosed psychological injury
  • An additional tariff payment where specific consequences are covered
  • Requests for further police or medical evidence
  • Further enquiries before a decision is made
  • Consideration of a qualifying disabling mental injury
  • A review where an original decision is challenged
  • An appeal where applicable

Where a mental injury results from a sexual assault, the Scheme generally permits payment for either the mental injury or the sexual-offence tariff, depending on which produces the higher award, rather than payment for both.

Separate additional tariff payments may be considered where a sexual offence directly results in pregnancy, loss of a foetus or a qualifying sexually transmitted infection.

The outcome of every application will depend on the available evidence and whether all relevant Scheme requirements have been met.

Time limits

Sexual assault and abuse compensation applications should be made as soon as reasonably practicable. Where the person was aged 18 or over when the incident occurred, the usual deadline is two years from the incident, and an application should not be delayed until the police investigation or criminal proceedings have concluded.

Different rules apply where the person was under 18 when the offence occurred. Where the incident was reported to the police before the person’s 18th birthday, the application must generally be received by their 20th birthday. Where the first police report was made on or after their 18th birthday, the application must generally be received within two years of that first report.

Non-recent childhood sexual abuse may still be considered under the child application rules. When assessing delays, CICA may consider the person’s age, capacity and whether the offence could reasonably have been reported earlier.

Extensions are not automatic. CICA must usually be satisfied that exceptional circumstances prevented an earlier application and that sufficient evidence remains to assess the case.

Understanding how sexual assault and abuse compensation is assessed can help clarify how the nature of the offence, supporting evidence, eligibility requirements and application time limits are considered under the CICA Scheme.

FEATURED INFORMATION

Sexual assault and abuse applications often depend on medical evidence, the recognised injuries sustained and how the circumstances meet the Criminal Injuries Compensation Scheme requirements.

Final notes

Sexual assault and abuse compensation applications are generally understood by reviewing the nature of the offence, when it occurred and how the available evidence supports the circumstances described.

Cases may involve a single incident or repeated abuse over months or years. Applications may consider the sexual offence together with any qualifying physical injuries and disabling mental injuries.

Childhood and non-recent abuse cases may require additional consideration of reporting dates, the person’s age at the time and the reasons for any delay.

Every application is assessed individually using the available police information, medical evidence and the Criminal Injuries Compensation Scheme’s eligibility requirements.

For a broader overview of related cases, visit our Criminal Injuries Compensation (CICA) (UK) page.

For official information about sexual-offence tariff payments, patterns of abuse, mental injuries and additional payments, refer to Criminal Injuries Compensation Scheme – injury payments (official Criminal Injuries Compensation Authority guidance – opens an external website).

Further Guidance

Sexual assault and abuse compensation forms one part of the wider Criminal Injuries Compensation Scheme, which covers several forms of violent crime and qualifying criminal injury. Related guidance elsewhere on this website explains other injuries and offences that may also fall within the Criminal Injuries Compensation Scheme.

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