By Fern Easton. Last Updated 3rd March 2021. Welcome to our guide on making a compensation claim against a paedophile. Sexual abuse is deeply traumatic for anyone, especially children.
Accident Claims UK does not handle prosecutions, but we can help you receive compensation for what happened even in historical cases of sexual abuse. We have put together this guide to explain how we can do this and how the law regarding a paedophile compensation claim works.
We hope that this guide proves useful and helps you to make up your mind about your decision to claim compensation for sexual assault. If you are still unsure or have any further questions you would like answering, why not take advantage of our free consultation service by ringing 0800 073 8801.
Select A Section
- A Guide To Claiming Compensation From A Paedophile
- What Is Paedophilia And Child Sexual Abuse?
- What Are The Differences Between Contact And Non-Contact Abuse?
- UK Child Sexual Abuse Statistics
- Who Could Such Claims Be Made Against?
- Criminal Injuries Compensation Authority And Paedophile Claims
- Psychological Injuries Caused By Child Sexual Abuse
- Physical Injuries Caused By Child Sexual Abuse
- Historical Sexual Abuse Claims
- What Are The Long Term Impacts Of Sexual Abuse In Childhood?
- Child Sexual Abuse Compensation Claims Calculator
- Special Damages A Victim Of Child Sexual Abuse Could Claim
- No Win No Fee Claims For Compensation From A Paedophile
- Why Choose Us To Handle Your Historic Sexual Abuse Claim?
- Start Your Claim For Compensation From A Paedophile
- Essential Reference
Nothing can right the wrongs that occurred, but it may be possible to recover compensation for what you experienced. For an adult to take advantage of a child in that manner is a reprehensible act and one that can leave severe mental and emotional scars. The Criminal Injury Compensation Authority (CICA) is an agency of the Ministry of Justice which is responsible for handling and ruling on claims for compensation for victims of sexual abuse. In most cases, they make compensation awards themselves, though in other instances, it may be possible to recover compensation from the abuser directly. We’ll explain more on this below.
We highly recommend that anyone who does have grounds to make a compensation claim do so, and we have written this guide in order to help you. What you read on this page should help you understand what a compensation claim is, what constitutes grounds for a claim and how the process of recovering compensation works.
It isn’t just the legal process you need to be aware of, you will also no doubt be wondering how much compensation you are likely to receive and more importantly how you are going to afford to hire a solicitor to make a claim. The latter question might be what puts off a lot of victims from coming forward to seek compensation.
Under the header “No Win No Fee Claims For Compensation From a Paedophile” you will learn that by working with our solicitors, you can pursue a claim without having any financial concerns. For general articles about sexual abuse and rape as an adult click here and here.
A paedophile is an adult who is sexually attracted to children and who has fantasies about, or engages in, sexual activities with children. Paedophiles are classed as suffering from a psychosexual disorder. Note that a paedophile and a child molester are not necessarily the same thing as not all paedophiles act upon their desires. Some are able to see that their attraction to children is unhealthy and dangerous and seek psychiatric help. Some paedophiles are attracted exclusively to children while others are attracted to adults as well; it is not uncommon for paedophiles to engage in romantic relationships with other adults while preying on children.
Child sexual abuse is considered a serious crime under UK law. Acts that constitute sexual abuse of children include:
- Sexual touching of any part of a child’s body, with or without the child’s clothes on.
- Making a child take their clothes off
- Rape by using any body part to penetrate any of the child’s orifices, i.e. the mouth, anus or vagina
- Making a child touch another person’s genitals
- Making a child touch their own genitals
Sexual abuse offences are split into two types: contact and non-contact. Contact abuse is that which involves any physical contact between the predator and their victim. Examples of this are listed above. Non-contact abuse is sexual abuse of a child, which takes place without the abuser physically touching the child. This can take the form of:
- Flashing or exposing themselves to a child
- Grooming a child online or in-person with the intent of committing sexual acts with them
- Exchanging or attempting to exchange sexual messages or images with a child online.
- Making a child view pornography
- Viewing or exchanging child pornography or sexual images of children
- Making a child watch sexual acts in person
- Meeting up with a child with the intention of committing sexual acts with them. Even if the act itself does not take place, the intention of doing so constitutes a crime.
- Offering a child to others to commit sex acts with
There is currently no source of data that looks at the prevalence of child sexual abuse, and child sex abuse can be difficult to measure due to the fact that much of this abuse takes place behind closed doors. However the Crime Survey for England and Wales for the year ending March 2019 looks at how many adults experienced sexual abuse before the age of 16. From this, we can get an idea of how prevalent child sex abuse is.
The data shows that an equivalent of 7.5% of the population aged between 18 and 74 experienced sexual abuse as children. It also showed that sexual abuse involving contact was more common than non-contact sexual abuse. 3% of adults who reported being sexually abused before the age of 16 reported that the abuse was non-contact, and for contact sexual abuse this figure doubled to 6%. The rate of contact and non-contact sexual abuse varies depending on the age bracket questioned, as shown through the graph below.
Sexual abuse of children is not always an isolated issue. In fact, the CSEW found that 54% of adults who reported being sexually abused before the age of 16 also experienced abuse of another kind. This includes emotional abuse, physical abuse or being exposed to domestic abuse or violence.
If the paedophile has been convicted of committing sexual abuse against you and providing their finances allow it, they can be ordered to pay compensation to you.
It isn’t just the abuser themselves whom you can receive compensation from. Other individuals or organisations which were indirectly responsible for the abuse you suffered can also be sued for their role in allowing it to happen. In most cases, this organisation would be the employers of the paedophile and/or an organisation that owed you a duty of care and failed to protect you.
To give an example of a case like this and how it would work:
- You could make a claim against a school if you experienced sexual abuse or rape at the hands of a teacher or other school employee, such as a caretaker. The school would be liable if it was found that they had failed to carry out the proper backgrounds checks on the individual before hiring them. By failing to carry out a background check and thus spot a record of criminal convictions or history of inappropriate behaviour, the school have failed to meet their duties of care to ensure the safety of their students.
If the paedophile had no previous convictions and gave no outward signs of posing a threat to children, then it would be likely that the school would not be held liable for the abuser’s actions.
This same principle would apply to any employer who had a duty of care to ensure the safety of the children in their care by performing background checks on all potential employees.
If you’d like to speak with a member of our team about a compensation claim against a paedophile, then please don’t hesitate to get in touch.
In cases where it is not possible to make a claim against a paedophile or their employer either because they have died, have not been convicted or do not possess the means to pay you compensation, you can still make a claim for compensation through the Criminal Injuries Compensation Authority (CICA).
The CICA is an agency of the Ministry of Justice. Its purpose is to award victims of criminal injury with compensation for the effects of what they have been through. The CICA awards compensation to people who have suffered injuries as a result of being a victim of a violent crime, people who have lost loved ones to murder and to people who have suffered psychological trauma as a result of experiencing a crime. This jurisdiction includes handling cases of people who have been the victim of childhood sexual abuse. CICA claims are independent of the court system, meaning that whether or not the perpetrator has even been convicted of committing the abuse against you, you can still be eligible to receive compensation provided there is at least some proof that the abuse did occur.
What can I expect from making a CICA claim?
In order to make a CICA claim, you will need to have at least reported the incident to the police so that you can be given a reference number for your case. Depending on when the abuse took place and who you are accusing, the police response may vary. If an investigation is carried out, it is important that you give your full possible co-operation. If you are deemed to have hindered the investigation or have withheld or provided inaccurate testimony, then your chances of receiving compensation from the CICA will be diminished.
When a claimant makes a CICA claim, they will need to be examined by a medical expert to record and confirm the injuries, both physical and psychological, that they have suffered. In many cases, any physical injuries sustained in the incident (such as bruises) will have healed by the time you begin the claims process, especially if the abuse happened years ago. However, if you are seeking damages for things such as PTSD or other long-term psychological health issues, you would be required to be assessed by a mental health specialist to confirm the issue.
Many victims who have suffered sexual abuse as children suffer from psychological trauma. This trauma can lead to problems lasting all the way up to and during adulthood. The trauma of the experience can cause people to suffer from flashbacks, nightmares, anxiety, difficulty controlling their anger and other symptoms associated with Post Traumatic Stress Disorder. The psychological trauma and its effects will be factored into the compensation you receive.
Sexual abuse of a child can inflict injuries on the victim. Pain and injury can be caused by the act itself and by any physical violence used to coerce or overpower the victim. Some victims can suffer damage to their genitals and internal organs as a result of penetration, while others can contract sexually transmitted diseases. The physical injuries you suffered in the incident or incidents will also be factored into the compensation you receive.
The CICA operates a two-year time limit on making claims for compensation for most forms of criminal violence. Needless to say, many victims of child abuse cannot make a claim within two years of the abuse taking place. Most victims would still be children or still living under the care of those responsible for the abuse (in cases of people being abused by family members, foster carers or care home staff). Many other people keep what happened to themselves and don’t come forward until many years after the incident. Of course, it would be unfair to deny someone compensation for historic sexual abuse under these circumstances, so CICA allows people to make claims without a time limit. Historic sexual abuse claims can even be made in cases where the perpetrator has since died.
Children who are abused can suffer physical injury in the event of contact abuse, but many suffer psychological injuries as well, and it is these injuries that can last a lifetime. Victims of child abuse can suffer from Post-Traumatic Stress Disorder but also other effects on their emotional developments too. Their ability to form and hold relationships can be impacted, as can their education and employment.
Well into adulthood, people who have been victims of childhood sexual abuse can experience nightmares, flashbacks and panic attacks. Anxiety, depression, outbursts of anger, eating disorders, suicidal thoughts and attempts at suicide are also common. The NSPCC says that being the victim of child sexual abuse also makes the victims more likely to develop drug and alcohol problems and to engage in criminal behaviour. Some victims go on to be abusers themselves later on in life. Recovering from the emotional and mental effects of sexual abuse can require years of professional help and support.
The degree to which your life has been affected by sexual abuse will be factored into the amount of compensation you may receive.
If you’d like to know more about what can be included in a compensation claim against a paedophile, then please continue reading.
Money alone cannot put right what was done to you, nor will it make the effects of your injuries and trauma go away, but you should still make use of your right to claim compensation nevertheless. If the physical and mental impact of the abuse has impacted your ability to live a normal life, then the money you could receive may ease things somewhat.
The damages you are awarded will depend on the severity of the physical and mental impact. You would have to speak to a solicitor and be seen by a medical professional in order to know precisely how much compensation you could receive, but you could get at least a vague idea by taking a look at this chart which shows how compensation amounts are calculated.
|Sexual assault B1||Non-penetrative sexual physical contact over clothing||£1000|
|Sexual assault B2||Frequent non penetrative acts over clothing||£1,500|
|Sexual assault B3||Non penetrative sexual acts under clothing||£2,000|
|Sexual assault B4||Frequent non-penetrative sexual acts under clothing||£3,300|
|Sexual assault B4-B13||One or more non-penile penetrative or oral genital acts. Ranging from a single incident to a pattern of repeated incidents over a period of more than three years causing severe mental illness.||£3,300-£27,000|
|Sexual assault B9||One instance of non consensual penile penetration of mouth, anus or vagina.||£11,000|
|Sexual Assault B10||One instance of non-consensual penile penetration involving two or more attackers.||£13,500|
|Sexual Assault B11||Repeated instances of non-consensual penile penetration by two or more attackers over a period of up to three years.||£16,500|
|Sexual Assault B12||Repeated instances of non-consensual penile penetration by two or more attackers over a period of over three years.||£22,000|
|Sexual assault B12||Non-consensual penile penetration causing serious internal bodily injuries.||£22,000|
|Sexual assault B15||Non-consensual penile penetration causing serious internal bodily injury and permanently disabling severe mental illness.||£33,000|
The lingering effects of being molested or groomed as a child could cause you financial issues, which you would not have otherwise have to deal with if the abuse had never taken place. Compensation for a victim of paedophilia will take this into account, and a successful claim will provide you with money to cover the financial costs and losses attributable to you having been abused as a child.
Keep hold of things like your receipts and contracts for any drugs such as anti-depressants and anti-anxiety medication, or counselling sessions you have received, and travel expenses to get to them. They will act as proof that you have spent money on dealing with the effects of the abuse. If you have had to take time off work while going through the recovery process or if anxiety and other mental health issues have forced you to leave your job, then you can be compensated for the income you have lost out on.
When people are looking to find a solicitor who can help them recover compensation for the abuse they have suffered at the hands of a paedophile, the last thing anyone would want is for a person’s financial situation to act as a barrier. That’s why our solicitors will offer you the chance to enter into a No Win No Fee Agreement. This means that should your claim be unsuccessful, and you will not have to pay any of the fees your solicitor has incurred in pursuing the claim. If your case is successful, then your solicitor may ask you to make a small contribution to their fees. This is known as a success fee and is deducted from the compensation you are awarded at the end of the claim. This way, you will not have to pay any fees upfront or at any point during the claim.
Having worked in law for as long as they have, our solicitors are experts in helping clients win compensation. Our job is to serve you and to help you navigate your way through the legal process, which can at times, be complex and cluttered with legal jargon. We’ll help you make sense of these complexities and will strive to win you the maximum amount of compensation possible. And know that we’re here for you whenever you need us. If ever you have a query or would simply like an update on your claim, you can pick up the phone and speak to us.
Child sex offender disclosure scheme– Find out if a person has a record for child sex offences
NSPCC– The National Society for the Prevention of Cruelty to Children has resources for victims of child sexual abuse, and information on prevention and reporting.
NHS- help following sexual assault and rape– Advice and support from the NHS following rape or sexual assault.
Sexually harassed at work claims– If you’ve been the victim of sexual harassment in the workplace, then this guide could help you with making a claim.
Psycological injury compensaiton– Our guide on claiming for psychological injuries could help you get the compensation you deserve after rape or sexual assault.
Historic sexual abuse claims- It may be possible to claim compensation for sexual abuse that happened in the past. Read our guide to find out more.
Thank you for reading our guide on pursuing a compensation claim against a paedophile.
Article by JY
Editor RBG – 16