Can I Claim For Rape If The Rapist Has Not Been Charged Or Found Guilty?

Rape victim compensation claims

Rape victim compensation claims

If you’ve been the victim of rape and the rapist that attacked you was not caught or convicted, you may be under the assumption that you would not be able to claim rape compensation, but in fact, this may not be the case at all. Rape victim compensation in the UK could be payable to those injured mentally or physically in such a horrific way, and we at Accident Claims UK have created this guide to help answer the question ‘Can you still claim criminal injuries without a conviction?’ In the sections below, you will find information relating to criminal injury claims for rape victims. We will explain who you could claim compensation from as a victim of rape, and what conditions you would have to fulfil to pursue such claims. We will also offer some insight into the compensation amounts that could be appropriate for injuries caused by rape. If you require further guidance when reading this guide or are ready to begin a claim, you can speak to us in confidence on 0800 073 8801.

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A Guide To Rape Compensation Claims If No One Has Been Convicted

Rape is a terrible crime, as it could not only cause physical harm to a victim but emotional trauma too. Unfortunately, however, some rape cases do not end up with a rapist being convicted, and in some cases, a rapist may not even be caught. This does not have to mean that a rape victim is not eligible to claim compensation, however.

Rape compensation claims could be complex. If you are reading this guide you may be doing so as a victim of rape, or someone who is responsible for a person who has been raped. Whether you are considering making a claim for rape compensation on behalf of someone else, or for your own injuries, you could be eligible to claim against either the perpetrator themselves, the person/s who employed a rapist, or through the CICA (Criminal Injuries Compensation Authority). This guide explains how such claims work, as well as providing some insight as to how much compensation your injuries could lead to.

What Is Compensation For Rape Victims?

Rape compensation is meant to go some way towards the victim’s loss of amenity, pain and suffering of their injuries caused by a rape attack. Financial expenses may also be included within compensation for a rape victim. These injuries could be physical, psychological or a mix of the two.

What Is Rape?

In terms of defining rape, we can look to the Sexual Offences Act 2003. In the act, rape is defined as an intentional penetration of the victim’s anus, mouth or vagina with a penis, when the victim does not consent to it, or the perpetrator does not have the reasonable belief that the victim consents. While rape carries a maximum sentence of imprisonment for life, there could be cases whereupon no one is caught or no one is convicted for rape, despite the best efforts of the police – and the victim – to do so. The reasons for this could vary. Examples could include situations where the perpetrator may not have lived long enough for them to be brought to justice, or where it was not possible for the victim to identify the perpetrator. To find out whether you could be eligible to claim, you could obtain a free, no-obligation case check from Accident Claims UK. We could also help provide a personal injury solicitor to assist with your claim.

How To Report A Rape To The Police

One condition that must be met by those wanting to claim rape victim compensation in the UK is that it would have to have been reported to the police. It could be very difficult for a rape victim to come to terms with such a terrible experience, but it is vital that victims speak to someone about what has happened to them. Rape is a crime and as such, it should be reported to the police. If you are struggling to bring yourself to speak to the police initially, it could be a good idea to call some of the organisations below, who could offer you support as a victim of rape.

When you are ready to report the rape to the police, you can do so via phone (101, or 999 if the rape has just happened), by visiting your police station, or Victim Support.

Are There Criteria To Make A Claim For Rape

As well as reporting the rape to police, there are other criteria that must be fulfilled for you to be eligible to claim rape compensation.

You would need to be able to prove that you suffered injuries due to a rape. If you are considering making a claim through the Criminal Injuries Compensation Authority, you would also have to prove that there was no other avenue through which you could claim compensation; for example, if you could not claim from the rapist or a liable party that employed them.

You must also be within the personal injury claims time limit or criminal injury claims time limit for your claim. This could vary depending on whether you are making a civil compensation claim against the perpetrator or the person/s that employed the rapist, or through the CICA. Many personal injury claims must be made within three years of an incident, while most CICA claims must be made within 2 years of the incident. However, there are exceptions that mean you could claim historical rape compensation. These could include situations where trauma had prevented you from speaking about the rape earlier, for example. If you are unsure as to how long you might have to launch a rape compensation claim, our advisors would be glad to clarify this, based on your own unique circumstances.

CICA Compensation Claims For Rape Victims

Making a criminal injury compensation claim is slightly different than making other types of personal injury claims. Your personal injury lawyer could, if other routes of compensation were blocked to you, apply for compensation on your behalf from the CICA. There are certain conditions that must be met for you to do so. Although it would still be possible to claim if no one was caught or no one was convicted of the rape, you would have had to report it and would have to cooperate with police to attempt to bring the rapist to justice.

What Is A CICA Rape Compensation Claim?

Rape compensation can be paid out through the criminal injuries compensation scheme, which is administrated by the CICA. You would have to confirm that you were unable to claim compensation in another way, such as from the perpetrator or their employer, for example in order to be eligible to claim. However, if you have other claims in progress, this does not bar you from beginning a criminal injury claim through the CICA.

Your claim would be assessed based on:

  • Information from the police
  • Information provided by you
  • Your criminal record
  • Medical evidence

You may have to undergo a medical examination for a medical report to be produced and may also be required to see a psychologist if you are claiming for mental injuries associated with the rape.

Evidence Which Could Help Rape Victims Claim Compensation

We mentioned some of the evidence, in terms of the medical/psychologist report that could be required for rape compensation cases. However, there are other types of evidence that may prove useful too.

Your statement – It may be useful for you to write down the details of what happened to you. While this may be difficult to do, it could prove useful in evidencing what happened and how it has affected you.

Any witness details – If someone witnessed the rape, it could be important to get their contact details so that they could be called on to provide a witness statement.

Any proof of expenses relating to your injuries – If you have lost out on wages, or incurred other expenses due to your injuries, it would be wise to keep them safe. If you are unable to evidence any expenses, you would not be able to claim for them. The kinds of expenses you could claim for are discussed in more detail in a later section of this guide.

Exceptions To Being Able To Claim Compensation For Rape

There could be some exceptions that may mean you could not claim rape compensation. These could include:

  • You did not report the rape to the police
  • You have a criminal record
  • You did not fully cooperate with CICA or the police

If you are unsure as to whether you could claim compensation, please do call our advisors. We will be glad to assess your case to see if you could be entitled to claim.

Traumatic And Injuries Which Rape Victims Could Claim For

A liable party or CICA could pay compensation to a rape victim for a variety of injuries. These could include physical injuries such as:

  • Genital injuries
  • Pregnancy
  • Loss of a foetus
  • STIs
  • Other physical injuries associated with a violent attack such as broken bones

Sometimes, the most devastating injuries could be those that are not physical. Mental trauma caused by rape could be devastating. You may suffer from anxiety, depression and feelings of worthlessness or degradation. In some cases, victims of rape could suffer from Post-Traumatic Stress Disorder or PTSD. PTSD rape victim symptoms could include:

  • Flashbacks
  • Nightmares
  • Avoidance/Numbing
  • Mood changes
  • Sleep problems
  • Loss of interest in what is going on around them

PTSD rape victim treatment could involve counselling, medication and CBT, but some people sadly are unable to recover their ability to function as they did before the rape.

Calculating Compensation For Rape Victims

When calculating rape victim compensation in the UK, it would be important for us to differentiate between claims against a perpetrator or their employer and those through the CICA. If you have previously used a personal injury claims calculator to try and get some idea of how much compensation could be appropriate for your case, you would only have received a rough figure. Every claim is assessed separately, and compensation would be decided based on the unique facts and circumstances surrounding the case and your injuries.

To give you some idea of the level of rape compensation you could receive, we have provided 2 tables. The first offers information taken from the Criminal Injuries Compensation Scheme 2012 tariff. These amounts could be appropriate for CICA claims. The second table covers civil compensation cases; those against a perpetrator or their employer. The amounts in that table have been taken from the Judicial College Guidelines. This is a legal publication that could be used by the courts and solicitors to hone in on the value of a claim.

InjuryRemarksCICA Tariff
RapeOne attacker£11,000
RapeMore than one attacker£13,500
RapeCausing internal injuries (serious)£22,000
RapeResulting in moderate mental illness£22,000
RapeResulting in severe mental illness£27,000
RapeCausing internal injuries (serious) and resulting in moderate mental illness£33,000
RapeCausing internal injuries (serious) and resulting in severe mental illness£44,000
PregnancyAdditional amount for pregnancy caused by rape£5,500
STISSubstantial level of recovery (This does not include Hepatitis B or C or HIV)£5,500
STISPermanent disability (This does not include Hepatitis B or C or HIV)£11,000
STISOne or more of Hepatitis B, C and HIV£22,000
Loss of FoetusThrough violence£5,500

Type of injuryNotesJudicial College Guideline Bracket
Psychiatric Injury - SevereWith a very poor prognosis for recovery. The injured party would be severely affected in terms of their coping ability with normal life, work and relationships.£51,460 - £108,620
Psychiatric Injury – Moderately SevereWith a more optimistic prognosis for recovery. The injured party would be significantly affected in terms of their coping ability with normal life, work and relationships.£17,900 - £51,460
Psychiatric Injury – ModerateWith a good prognosis for recovery. The injured party would be moderately affected in terms of their coping ability with normal life, work and relationships.£5,500 - £17,900
Severe Post Traumatic Stress DisorderThe injured party would not be able to function to the level they did before suffering trauma. They would be permanently affected.£56,180 - £94,470

Could I Be Compensated For Any Losses Or Expenses?

As well as the compensation you could receive for the pain, loss of amenity and suffering caused by the rape, you could also claim compensation for expenses incurred as a result of your injuries. The financial expenses you could claim for could differ depending on whether your claim was through the CICA or against a liable party, such as the rapist or their employer.

Financial Expenses Through The CICA

To claim financial expenses through the CICA, you’d be required to prove that your expenses could not be covered anywhere else, such as through the benefits system, the local authority or the NHS, for example. CICA would only compensate you for reasonable costs incurred as a direct result of your injuries and there are restrictions on how much you could receive.

CICA Claims Expenses

  • Loss of income (Only if you have been away from work for over 28 weeks. This is calculated at the Statutory Sick Pay rate at the time your claim is decided).
  • Physical aids/home adaptations – If you need physical aids because of your injuries and these cannot be provided by the NHS, they could be compensated for through the CICA.
  • Care costs – If you required care at home because of your injuries, and this could not be covered via another source, it could be included in your CICA claim.
  • Damage to property – If your property was damaged during the attack, reasonable costs to replace items could be included in your claim.

Civil Claims Special Damages

Special damages in civil compensation cases against perpetrators/their employers, for example, could include:

  • Loss of income – These losses could be recoverable at your usual rate of pay. You may also be able to claim for future income losses if your injuries are so serious you cannot return to work.
  • Care costs – If you needed care at home because of your injuries, these costs could be recovered as part of your claim.
  • Travel/Medical expenses – Costs for medical or travel expenses incurred because of your injuries could be recovered as part of a personal injury claim. This could include prescription fees, counselling costs, transport to hospital appointments or appointments with your lawyer, for example.

As with CICA claims, it is vital that you retain the proof of costs or losses caused by your injuries. If you are not able to evidence your expenses, you would not be able to claim for them.

No Win No Fee Claims For Rape If The Rapist Has Not Been Charged Or Convicted

If you are claiming compensation for a rape where no one was caught or convicted, you may be wondering how you would go about paying for a personal injury solicitor to help you with your claim. You might be interested to know that if you chose to work with a No Win No Fee rape compensation solicitor, you would not have to pay them anything up front or throughout your claim. You would need to sign a Conditional Fee Agreement that promises your solicitor a small, legally capped success fee if they achieve a compensation payout for you. If they don’t manage to get you any compensation, you would not have to cover their costs incurred while pursuing your claim and you would not have to pay the success fee either.

Claiming on a No Win No Fee basis could allow you to have the financial confidence to make a claim. We could provide a solicitor that works on this basis to help you.

Why Let Our Team Handle Your Claim?

We want to ensure every rape victim gets compensation for their injuries. At Accident Claims UK, our specially trained advisors could answer any questions you might have about making a rape claim, whether it is historical rape or statutory rape compensation you’re looking to claim. We could also listen to what has happened to you, in confidence, and provide a free, no-obligation case assessment to see if you could be eligible to claim, even if no one has been convicted or even caught for your rape.

If, after we have assessed your case, we feel that you could be eligible to claim rape compensation, we could provide you with a No Win No Fee lawyer who could fight for the compensation you deserve for your horrific experience. We have years of experience in helping victims of crime successfully claim compensation for their injuries, and our specially trained team are able to explain any legal terms you may not be familiar with, so you can remain in control of your claim at all times.

Start Your Claim

If you’re ready to begin a claim, or you want to ask us a question about your case, you can reach us by any of the following ways:

By phone: 0800 073 8801

Email: office@accidentclaims.co.uk

Via our contact form

Or, through our Live Chat service

With advisors on hand to help you right now, there really is no better time to begin a claim.

Rape Victim Support Resources

CPS Prosecuting Rape – Here, you can find out more about how the CPS prosecute rape cases.

Details Of The CICA Scheme – You can find information about making CICA claims here.

Sexual Abuse Claims – This guide covers sexual abuse claims in detail. If you have suffered injury from sexual abuse, it could be useful.

More On Rape Compensation – You can read more general guidance on rape compensation claims in this guide.

Psychological Injury Claims – You can find out more about making claims for psychological injuries here.

Article by JJ

Edited by MM.