A £22,000 CICA Award After the Trauma of Sexual Assault
A delay in reporting sexual assault does not necessarily prevent someone from receiving compensation. In this case study, a Winston Solicitors' client overcame challenges about delayed reporting, which resulted in a £22,000 CICA award.
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When Sarah* came to Winston Solicitors, she had already faced several difficult hurdles in seeking compensation for two sexual assaults.
The assaults took place on her university campus, two weeks apart, and were committed by the same individual. Sarah was over 18 at the time. Although she confided in someone on campus shortly afterwards, it took her several years to report the incidents to the police.
By the time she instructed Winston Solicitors, she was also seeking compensation for a sexually transmitted infection (STI) she had contracted as a result of the assaults. The police investigation had been referred to the Crown Prosecution Service (CPS) for assessment.
The question was whether the delay in reporting and the time taken to make her compensation application would prevent her from receiving an award.
Understanding the CICA Time Limits
The Criminal Injuries Compensation Authority (CICA) is responsible for compensating victims of violent and sexual crimes under the Criminal Injuries Compensation Scheme 2012.
The scheme contains strict requirements about reporting an incident and making an application. Under Paragraph 22, an award may be withheld unless the incident is reported to the police “as soon as reasonably practicable.”
There is also a requirement under Paragraph 87 for an application to be made “as soon as reasonably practicable”. Although victims generally have two years to apply, the circumstances surrounding any delay can still be important.
Sarah had disclosed the assaults to someone on campus shortly after they happened, but she had not immediately reported them to the police. There was also an eight-month gap between her initial police report and her compensation application.
The CICA challenged both delays.
For Sarah, these were not simply administrative dates. They were part of a much longer period in which she had been trying to deal with the effects of what had happened.
Building The Case Around the Evidence
Rather than waiting for the delays to become a barrier, our CICA experts prepared arguments addressing the relevant exceptions under the scheme.
The case focused on the psychological trauma Sarah had experienced. It also looked at the effect that it had had on her ability to report the assaults and make a compensation application sooner.
Supporting evidence was gathered to help explain her circumstances and establish the connection between the assaults and the STI. This included:
- Police reports and progress updates.
- Medical records supporting the evidence of her psychological state.
- Sexual health screening results, including the timing of the STI diagnosis in relation to the assaults.
The evidence was important because the CICA does not simply look at how much time has passed. It must also consider whether the circumstances provide a reason for the delay under the scheme.
A £22,000 CICA Award
Winston Solicitors successfully overcame the challenges raised by the CICA, and Sarah received a total award of £22,000.00.
The award comprised:
- £16,500 (Level B11): Reflecting the repeated penetrative abuse over a period of up to three years.
- £5,500 (Level B6): An additional statutory payment for the contracted STI.
The application took just over 12 months to resolve.
For Sarah, the outcome provided recognition of the assaults and the additional harm she had experienced. It also demonstrated why a delay in reporting does not automatically mean that a CICA claim cannot succeed.
Sarah’s Experience
Sarah later left a five-star review for Keertan, who handled her claim:
“Keertan was very informative and answered all my questions with no problems. Managed all my expectations perfectly and still got me the result even though it was a bit harder. Would recommend to anyone!”
Has a Delay Stopped You from Claiming?
If you have experienced sexual abuse or another violent crime, you may be worried that too much time has passed, or that a delay in reporting will prevent you from receiving compensation.
The CICA scheme does contain strict time and reporting requirements. However, it also allows for circumstances that may explain why someone could not report or apply sooner.
Every claim is different. The reasons for the delay, the evidence available and the circumstances of the crime all matter.
If you are unsure whether you can claim, or if your claim has been challenged because of a delay, specialist legal advice can help you understand your position.
Winston Solicitors can explain the CICA process, the evidence that may help and the options available to you, in your own time and in confidence.
