Sexual assault claims
More and more people are coming forward to tell the police that they have been groped. The police are now listening. For years such incidents were no more than lightly investigated and rarely prosecuted. However perhaps due to high profile cases such as Taylor Swift's claim against DJ David Mueller in 2017, these incidents are taken far more seriously.
I have been groped, how do I claim compensation?
The incident must be reported to the police and ideally there must be witnesses. Examples of cases which lead to prosecutions include sexual assault waiting for a tram, getting on a bus, and in the workplace. Once it has been reported and the police or if on a train, British Transport Police investigate and pass over to the CPS to prosecute, you should be able to claim.
How do I go about claiming for compensation for sexual groping?
You can call our expert criminal injuries compensation solicitor on 0113 320 5000 and they will be able to advise you whether there is likely to be sufficient evidence for your claim to succeed.
How much compensation will I receive?
These sexual offences are at the more minor end of the CICA compensation scale, so will usually be awarded between £1,000 and £3,000 depending upon whether the groping occurred over clothing or beneath clothing. Our criminal injuries compensation calculator offers a guide as to how much you could claim.
How long will it take for me to receive compensation?
CICA cases do vary enormously in timescale, from as little as 2 months, to many years. The CICA say on average a case will take 1 year. In our experience there is no such thing as an average sexual assault claim. They are very personal, and the circumstances are so very individual. Our experienced criminal injuries team will give you indication of how long your case will take.
Do I need to wait for the Court Case?
You do not, and unfortunately there are far too many victims who wait and their case is delayed. By the time they decide to make a claim, the CICA tell them they are out of time. This is because they have to bring their claim within 2 years of the assault happening. Our advice is don't delay. Once you are aware the CPS are prosecuting you should commence your claim.
The CICA offer awards between £1000 and £250,000 for injuries sustained as a result of a crime of violence. There is also an opportunity to claim up to an additional £250,000 in Loss of Earnings and Special Expenses, funeral expenses and Child Dependency payments. Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.
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.
When asked by the police if you wish to press charges against your assailant, you must agree to do so to be able to claim compensation for your injuries. The CICA expect all applicants to act as far as reasonably practicable in bringing their assailant to justice, and therefore any reluctance to assist the police in securing a prosecution, may see your claim rejected by the CICA.
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.