In this case study, we are going to look at a compensation claim for rape, which resulted in the victim winning an £80,000 payout for rape. The woman was in her late teens when the rape occurred. She had been out for the evening, and met a young man, who she spent some time talking and flirting with. Later that evening, he raped her, after helping her to get home.
The woman reported the incident to the police, and the rapist was arrested. The court went to trial, but there was insufficient proof to convict the defendant. The victim then decided to try to make a civil claim, and engaged a personal injury solicitor to attempt to process a personal injury compensation claim for her.
This was the first claim of its kind, a previous criminal case that had failed, was now being converted into a personal injury claim. In this case study, we look at how the claimant failed to prove she had been raped in the criminal case. We also cover how the civil injury claim was processed, as well as why she received the damages she did, and what they were paid for.
Accident Claims UK can help victims of rape to make a compensation claim, call us on the number at the end of this page to find out how we can assist you.
Burden Of Proof In Civil vs Criminal Cases
When a personal injury lawyer tries to process a rape claim as a civil case, the burden of proof works a little differently, as it did in this case. In a criminal case, it is the State protecting the public from offenders. Everyone is aware of the premise of innocent until proven guilty. This is the backbone of the criminal justice system in the UK. The state must prove, without a doubt, that the accused is guilty of the crimes they committed.
Under civil law, things are different. Civil law is in place to protect individual legal entities from each other. Such as members of the public, businesses, etc. Civil law does not follow the premise of innocent until proven guilty. It simply states that the accused party must have had a duty of care towards to claimant, and failed to meet this duty, resulting in some form of damage to the claimant. In this case, the defendant had a duty of care towards all members of the public, the same that we all have, not to cause harm to anyone. This was how the solicitor, in this case, was able to successfully win a compensation payment for the rape victim. Proving that the defendant was guilty of failing in his duty of care, not that he was guilty of rape.
Rape Compensation Claims
Rape is a criminal offence. And as with all criminal offences that a victim pursues a compensation claim for, it is unlikely that the defendant would be able to pay the damages awarded in a rape compensation claim. There is a Government body in place to underwrite the rape victim claim. This is the Criminal Injuries Compensation Authority (CICA). The victim of rape will make their compensation claim, and if successful, CICA will make the payment if the defendant cannot.
Details Of The Case – Why Was Civil Action Also Taken?
Not all sexual abuse claims are processed as a criminal case. However, this claim stands out, as originally the claimant failed to win rape assault victim compensation in a criminal court. So, she went on to try and make a civil claim.
In the criminal case, a jury returned a verdict of not proven. This decision effectively ended any chance of the victim being awarded compensation through the criminal justice system. It was said that the defendant gave good testimony, and that he was honest and compelling. It was noted that the claimant was unable to provide a clear indication of giving or not giving consent for sex, as she was very drunk.
The civil claim went differently. It was ruled that the victim had suffered due to the defendant failing in their duty of care. In this instance, the defendant had helped the claimant home due to the fact she was very drunk. Instead of exercising his duty of care, and ensuring she got inside safely, he leveraged the fact she was drunk and used it to have sex with the victim. The civil court made an award of £80,000 compensation.
Sexual Assault Compensation Settlement Was Made?
In making this rape compensation claim, the solicitor representing the victim was attempting to win them sexual assault compensation. This was done successfully, and the claimant was awarded £80,000 in compensation. This payment comprised of a number of different types of damages, which could have included:
- To make up for the pain and suffering of the rape.
- For any mental anguish or trauma caused by the experience.
- To compensate for any long-term psychological problems such as post-traumatic stress disorder or depression.
- Any financial losses, such as having to miss work while she was in recovery.
The solicitor did a very good job of processing the claim. The fact that the case had already been tried and lost in a criminal court, meant that the chances of winning compensation in a civil court could be low. However, by using the law as it is intended, and following the route of leveraging the concept of duty of care, they were able to win a significant compensation payment for their client.
No Win No Fee Rape And Sexual Abuse Compensation
If you have been the victim of rape, sexual abuse or some other form of assault, then Accident Claims UK can help you to make a compensation claim. Our national No Win No Fee claims service is available all across to the UK. By using this service, you won’t have to pay us, your No Win No Fee solicitors, until you actually win a compensation settlement.
Our claims service is easy to understand. Initially, when you come to us and ask us to take your claim on, we won’t charge you any kind of new claim fee. As we process your claim, we still charge nothing. This stage can take months, or even years in the most extreme claims. If we don’t manage to win you a settlement, then you walk away without paying anything at all, as we wipe our fees entirely. If we do win you a compensation settlement though, this is when we will take our fee. We do this by deducting it straight from the amount we have received on your behalf. We then give the remaining money to you.
This really is a risk-free way to make a rape claim, as you have nothing to pay until such time as you have won a compensation settlement. If you have any questions about the Accident Claims UK claims service, then please give us a call on the number below, so that we can get you the answers you need today.
Contact Our Expert Team
Accident Claims UK can help you to make a personal injury claim for rape. We can process your claim for you, acting as your solicitor. If you are ready to move forward with your claim, then give us a call on 0800 073 8801 today. When you do, one of our team will be on hand to answer any questions you might have about our claims service, and help get your claim rolling. We will ask you a series of questions, so we can get to know a little more about your claim, and then we will offer you some free legal advice on what we think your next move should be. In many cases, this will be to use our No Win No Fee claims service, to get you the maximum level of compensation possible.
The UK Government has published some detailed information about the process of making a compensation claim for criminal acts, you can find it here:
The Criminal Injury Compensation Authority (CICA) has published a web page that gives information about claiming compensation for rape, at this link:
At the link below, you will find a detailed guide that explains the legal process of making a compensation claim for sexual abuse:
At the link below, you will find a detailed guide that explains the legal process of making a compensation claim for assault: