In this guide, we will look at the process you could follow should you have clear evidence that you have been injured by an instance of sexual abuse in the Church of England. If abuse occurs, it could cause the victim to suffer from both physical and mental health injuries.
Members of the clergy in the Church of England have a duty to have due regard to the House of Bishops’ guidance on safeguarding children and vulnerable adults. The Independent Inquiry Child Sexual Abuse (IICSA) has carried out investigations into the procedures in place for safeguarding in the Church of England.
They state that the Chichester/Peter Ball investigation showed that the church’s responses to disclosures of sexual abuse did not meet the necessary level of urgency. Also, many allegations were retained internally rather than immediately reported to external authorities.
There are different ways to make a compensation claim for crimes of violence. Firstly, you could claim against a vicariously liable party if they owed you a duty of care, and this party is partly to blame for the harm you experienced.
Secondly, you could claim against your perpetrator directly. However, this requires you to know the identity of the person, and they must have the available funds to pay the settlement amount. Finally, you could claim through the Criminal Injuries Compensation Authority (CICA), which offers a Criminal Injuries Compensation Scheme to compensate victims of criminal violence in Great Britain.
Please speak to one of our advisors for confidential legal advice at no cost. They are experienced in dealing with cases of a sensitive nature and are on hand 24/7 to speak at any time.
You can:
- Call us on 0800 073 8801
- Contact us using our online page
- Write to an advisor via the live support feature on this page
Select A Section
- The Allegations Of Sexual Abuse In The Church Of England
- The Law On Historical Sexual Offences
- Historical Abuse Statistics
- How To Claim For Historic Abuse Via The Criminal Injuries Compensation Authority
- Settlements For Cases Of Church Of England Sexual Abuse
- Talk To Us About Claims For Sexual Abuse In The Church Of England
The Allegations Of Sexual Abuse In The Church Of England
The BBC has recently reported on sexual abuse in the Church of England. There have been 383 new cases involving allegations of abuse of vulnerable adults and children. Of these new cases, 149 related to vulnerable adults, 168 related to children, and the rest either involved both or there was insufficient data to determine the parties involved.
These cases allegedly involved the actions of:
- 242 clergy
- 53 church officers
- 41 volunteers
Source: https://www.bbc.co.uk/news/uk-63144354?at_medium=RSS&at_campaign=KARANGA
Reporting Sexual Abuse
You should report an incident of sexual abuse to the police without delay and call 999 in an emergency. If you are concerned that a child has suffered, or is currently suffering, from abuse, the government website provides details on how to report child abuse. They describe abuse as including physical, emotional and sexual abuse.
Furthermore, they discuss the idea of mandatory reporting of child abuse and neglect. Currently, there isn’t a legal requirement to report known or suspected child abuse in England. However, the advice on Working Together to Safeguard Children states that anyone concerned that a child is suffering significant harm or is likely to do so should immediately make a referral to a local social care authority.
Under Section 11 of the Children Act 2004, certain bodies, including local authorities and policing bodies in England, must make arrangements to ensure they safeguard and promote the welfare of children.
For more information regarding the process of reporting if sexual abuse in the Church of England were to occur, or for free legal advice about making a claim, please speak to a member of our team.
The Law On Historical Sexual Offences
Historic abuse(also referred to as non-recent abuse) is where a person, who is now an adult, suffered abuse as a child. The CPS defines sexual offences, and they include:
- Rape
- Sexual assault
- Crimes against children, such as sexual abuse
- Crimes that exploit others for a sexual purpose, both online and in person
Crimes of a sexual nature that took place before the 1st of May 2004 could be prosecuted under the Sexual Offences Act 1956. However, for crimes that occurred after this date, the Sexual Offences Act 2003 will be relevant.
If you have evidence that you were a victim of historic sexual abuse in the Church of England, please speak to one of our advisors to receive legal advice.
Historical Abuse Statistics
Using the information from the year ending March 2016 to the year ending March 2018, the Crime Survey for England and Wales (CSEW) estimates that around 700,000 adults aged 16 to 59 experienced sexual assault in the previous 12 months before the interview. This would equate to 2.1% of the population aged 16 to 59.
The findings show that women, at approximately 560,000, make up the majority of victims. There were approximately 140,000 male victims. This number is calculated using the percentages of 0.9% of men and 3.4% of women.
How To Claim For Historic Abuse Via The Criminal Injuries Compensation Authority
To make a claim for historic abuse through the CICA, you must be unable to make a claim against a vicariously liable party or the perpetrator directly.
Furthermore, you must have reported the crime of violence to the police. In their Scheme, the CICA outlines more requirements that must be met to be considered eligible to make a claim. This includes:
- Meeting the relevant residency requirements.
- Having been injured in a crime of violence.
- The incident having happened in England, Scotland, Wales or another relevant place.
You also must start your claim within the relevant time limits outlined in the Scheme. For adults, this is generally two years from the incident.
However, if you were under 18 when the incident of criminal violence took place, there are exceptions to these time limits. If the incident was reported to the police, you generally have two years from your 18th birthday to begin your claim. Alternatively, if the incident was not reported to the police until on or after your 18th birthday, you will have two years from the date it is reported to the police.
Further factors could affect your eligibility to claim via the CICA, including whether you have unspent criminal convictions. For more information about the CICA, contact one of our advisors.
Settlements For Cases Of Church Of England Sexual Abuse
There are two potential heads of claim for a successful criminal injury case against a vicariously liable party: general damages and special damages.
Firstly, we will look at general damages, which compensate for the physical and mental injuries caused by a violent crime. We have used the Judicial College Guidelines (JCG), updated in April 2022, to create the table below as a guide to how much compensation could be awarded in general damages for a successful criminal injury claim against a vicariously liable party.
Legal professionals, such as criminal injury solicitors, can also use this document to help them value claim settlements. Please remember that the unique details of a case determine the amount awarded.
| Injury | Details | Compensation Amounts |
|---|---|---|
| Severe Sexual and/or Physical Abuse (a) | There will have been serious abuse alongside/or severe and prolonged psychiatric injury. | £45,000 to £120,000 |
| Moderate Sexual and/or Physical Abuse (b) | There will have been prolonged abuse of a less serious nature and a less severe psychological reaction. | £20,570 to £45,000 |
| Less Severe Sexual and/or Physical Abuse (c) | The abuse will have been of a lower level of seriousness and short-lived, and the psychological effects will be mild or quickly resolved. | £9,730 to £20,570 |
| Severe Psychological Damage Generally (a) | The person will have a very poor prognosis and marked problems coping with daily life. | £54,830 to £115,730 |
| Moderately Severe Psychological Damage Generally (b) | The person will have a much more optimistic prognosis, but there will be significant problems coping with daily life. | £19,070 to £54,830 |
| Moderate Psychological Damage Generally (c) | The person’s condition will have markedly improved by trial, and the prognosis will be good. | £5,860 to £19,070 |
| Less Severe Psychological Damage Generally (d) | The level of the award will consider factors such as how long the period of disability lasted. | £1,540 to £5,860 |
Furthermore, for a successful criminal injury claim, you could also be eligible to receive reimbursement for certain financial losses under special damages. For example, if you were unable to work due to your injuries, you could make a claim for loss of earnings. It is important to note you must keep evidence of any special expenses, such as payslips and bank records.
Please note claims made through the CICA are considered in line with the tariff of injuries in the Scheme and not the JCG. Furthermore, the criteria for claiming additional expenses may vary. For more information regarding criminal injury compensation, contact our advisors.
Talk To Us About Claims For Sexual Abuse In The Church Of England
Speak to our advisors for an assessment of your criminal injury claim. In the event that you were eligible to claim for an incident of sexual abuse in the Church of England, they may place you in contact with one of our specialist criminal injury solicitors.
Furthermore, you could be considering whether entering into a No Win No Fee agreement with a solicitor could provide benefits to you. A Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement, will mean you generally do not pay for a solicitor’s services upfront or during your claim. Neither will you usually pay for these services should your claim be unsuccessful.
Alternatively, a successful claim will mean your solicitor will receive a small percentage of the compensation. This is sometimes referred to as a ‘success fee’. The law caps the amount that they can deduct. Therefore, a No Win No Fee solicitor will not overcharge you.
Should an incident of sexual abuse in the Church of England have occurred, you may want to speak to a member of our team.
You can:
- Call us on 0800 073 8801
- Contact us using our online page
- Write to an advisor via the live support feature on this page
Victim Support Resources
Explore more of our guides for further information:
- I Was Sexually Abused By A Stranger, Can I Claim Compensation?
- How Much Could I Claim If Sexually Abused By A Family Member? – Am I Eligible To Claim?
- How Victims Of Sexual Abuse During Coronavirus (COVID-19) Lockdown Could Claim Compensation
Please take a look at these external resources:
- NHS – Help after rape and sexual assault
- GOV – Get support as a victim of crime
- IICSA – The Anglican Church Investigation Report
Thank you for reading this guide to the process you could follow should an incident of sexual abuse in the Church of England have occurred which caused you to suffer injuries.
Guide by JO
Published by FS