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What do I need to consider if I am making a compensation claim for rape?

There are many matters to consider when making a sexual assault claim under the CICA scheme. Are you psychologically ready to make a claim? Are you likely to be successful? Do you need help making a claim? If you do who’s best to help you?

Is there a timescale for claiming compensation for rape?

It is always easier to claim within the 2 year CICA time limit for compensation claims. So especially if you are nearing the 2 year anniversary of the assault, do speak to a trained professional. Our team can be contacted on 0113 320 5000, or email cica@winstonsolicitors.co.uk. If you are reading this and you are over the 2 year time limit, it is still worth contacting our specialists, as there are specific reasons that the CICA permit for a delay in seeking compensation. The rules are complex, so it is best to obtain legal advice.

How long will my claim take?

Rape claims can often be dealt with quickly, once the CICA have confirmed you are eligible. We are aware of the criteria they use to check eligibility and should be able to give you an indication as to how long it will take. We have dealt with claims that have taken as little as 4 weeks from submission of claim to an award of compensation made. And of course for various reasons, claims can and do take much longer, but usually rape and sexual assault cases are dealt with surprisingly quickly by the CICA.

I’d like to make a claim, but my support worker or the police recommend I don’t claim until after the Court hearing.

These people are genuinely trying to help, but they do not understand the complex rules of the CICA scheme. The CICA do not accept late claims because you were waiting for the outcome of a Court Hearing. We have listened to so many victims of crime say this, and we have to tell them that is not an acceptable reason for the CICA to waive their 2 year time limit.

There is a lovely lady called Helen Newlove, whose husband Garry was murdered by a gang of youths on his doorstep, because he tried to stop them from vandalising his wife’s car. She has campaigned for years to change the rules of the CICA, and as a result became a Baroness, which entitles her to speak in the House of Lords. She is currently in talks with the government to see if the scheme can change. But for the time being we have to work with the ‘unfair’ rules of the current scheme.

What should I do next?

Obtain professional advice so you can make an informed decision about whether you are ready to claim compensation.

We are here to help you make that decision, using the knowledge we have built up over 20 years, and the daily knowledge we have as we help people every working day. We will always provide compassionate, impartial advice, so you can decide when and if to claim.

Please contact us on 0113 320 5000 or email our CICA compensation lawyers on cica@winstonsolicitors.co.uk.

Experience tells us that it is beneficial to the overall success of your claim, to instruct a solicitor at the very start. The CICA do not offer a solicitor to you and you are able to apply directly; however, without extensive knowledge of the scheme we see too often that applicants who have applied directly, face trouble and stumbling blocks along the way. By instructing Winston Solicitors you are receiving specialist advice from our Criminal Injury Lawyers, representation throughout your claim, including at Review and Appeal stage if required. We will ensure that you achieve the maximum award for your injuries, including loss of earnings and special expenses where applicable.

Absolutely not. We do not share your information with anyone else without your prior consent. As your compensation is paid by government funds, there is no reason why the assailant would be aware of your claim for compensation.

No, you don't. The CICA expect an application to be made as soon as reasonably possible. The burden of proof for the CICA is lesser than what is needed in court; therefore, providing the police have agreed to investigate your allegations; this should be sufficient to proceed with an application. The CICA apply a limitation of 2 years* from the date of reporting to make a claim for compensation; therefore, waiting for the outcome of a court hearing could sometimes jeopardise your position.

Yes. As long as the historical abuse has been reported to the police. We recognise that all acts of abuse affect individuals differently and therefore each person’s story is different. We are happy to speak with you to advise you personally on whether your claim will be successful. Please call our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you.

Yes. Each case will be assessed on its own merits so it will certainly depend on why a claim is being sought now; however, we have successfully represented thousands of clients who have claimed compensation as an adult. Please talk to our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you further.

It may be possible. It will depend on your individual circumstances, however just because the assailant is deceased does not mean you will not be eligible for compensation. Call our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you.

You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.

Yes. So long as you have required medical treatment for the same. The CICA would require you to have a diagnosis from a psychiatrist or clinical psychologist; if you don't have this yet but are receiving counselling or therapy, please call our specialist Criminal Injury Lawyers on 0113 320 5000 who will be able to advise you further. You can also use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.