I Was Raped By My Stepfather, Can I Claim Compensation? – Criminal Injury Compensation Authority CICA

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By Brett Williams. Last updated 9th August 2021. ‘I was raped by my stepfather, can I claim compensation?’ If you have been the victim of rape by your stepfather, this would be a very valid question to ask. Rape is a heinous and devastating crime and if you have experienced such a horrific experience, you may be wondering whether there is anything you can do about it in terms of taking control of your future. While we would never pretend that a compensation payout would truly compensate for such an assault, we do hope that it could help you to look to the future and could reduce any financial hardship you may have faced because of the injuries caused by such an attack. The sections below cover, in detail, how to claim compensation for rape, and how we could help you do so. We also include information on compensation amounts that could be claimed for injuries caused by rape. If you would like to speak to us in confidence, our professional team of experts would be glad to offer you any support you may need in making a claim. Please do not hesitate to call us on 0800 073 8801.

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A Guide To Rape Compensation Claims By A Stepfather

If you have been sexually assaulted or raped, this could not only leave you with physical injuries, but it could also lead to you suffering mentally too. This can be devastating enough, but what happens if the perpetrator of the sexual assault or rape is a member of your extended family. Whether you have been raped by a stepfather as a minor, or as an adult, you could seek financial compensation for rape to compensate you for both the mental and physical harm you have experienced. This may not take away what has happened to you, but it could help you move forward after such a horrific experience.

In this guide, we provide information, advice and support to those who have been raped or abused by a stepfather. We answer questions such as “I was raped by my stepfather can I claim compensation?”, “How much compensation do you get for assault?” and how to access the rape victim compensation scheme through the CICA. We will also offer specific guidance as to how we could help you make such a claim.

What Is Rape By A Stepfather?

Rape is, as defined by law, the penile penetration of the mouth, anus or vagina of a non-consenting victim, where consent has not been given and there is no reasonable belief of the person penetrating the other that the victim consents. Victims of rape can be of any gender.

There are other sexual crimes that could be close in nature to rape. These could include:

Assault by penetration – If someone penetrates the anus or vagina of another with a part of their body or an object in a sexual manner without consent from the other, or reasonable belief that there is consent.

Sexual assault – Intentional touching of one person by another if the touch is sexual in nature without consent from the other, or reasonable belief that there is consent.

Child Sexual Abuse And Rape Statistics

Sadly, according to the ONS (Office of National Statistics), an estimated 510,000 women and 138,000 men between the ages of 16-59 experienced sexual assault in the year ending March 2017. According to The Crime Survey for England and Wales (CSEW) estimated 7.5% of adults aged 18 to 74 years were thought to have experienced sexual abuse before they turned 16 years old. This equates to a staggering 3.1 million people. The figures do not make it clear as to whether the perpetrators were adults or minors at the time.

No matter how old you were when you were raped by a stepfather, you could be eligible to receive compensation for the mental and physical injuries you’ve sustained.

When To Seek Help If Abused Or Raped By Your Stepfather

If you feel at all uncomfortable with the way you are being treated by your stepfather, you can take steps to address this. Seek help if you are:

  • Being touched in a manner you are not comfortable with
  • Being forced to have sexual contact of any type with your stepfather
  • Being forced by your stepfather to have sexual contact of any type with anyone else
  • Being forced to look at sexual photos or videos by your stepfather
  • Being forced to watch something sexual by your stepfather

These are just a few examples. Sexual abuse and rape by a stepfather could be devastating. Reporting it as soon as possible could help to stop it happening again.

How To Seek Help If Raped By Your Stepfather

If you would like to access help for victims of rape, this could be considered a positive step in your recovery. There are many avenues through which you could access support, whether this is through a charity, your GP, or through the police. Some useful places to seek assistance could include:

How To Report Being Raped By A Stepfather

Although it would be a wise decision to report that you have been raped by your stepfather, these organisations will not pressure you into doing so. If you are ready to report being raped or abused by a stepfather, you could do so by taking the steps below:

  1. If the rape has just taken place or is taking place, you could call 999 to report it
  2. If you would prefer to report the rape online, you can do so here.
  3. If you would like to report as a non-emergency, you can call 101
  4. If you would like to report the rape in person, you could do so at your local police station

How To Claim Compensation If Raped By A Step Father

There are two routes for claiming compensation for being raped by a stepfather.

I Was Raped By My Stepfather – Can I Claim Compensation From The Defendant?

In some cases, you may be able to claim compensation from the person who raped you. This would be considered a personal injury claim, and you could be awarded compensation for both the physical and emotional injuries caused to you as a victim of rape. However, it may not always be possible for such a claim to lead to compensation, as it may be that the defendant does not have the financial means to pay your compensation.

I Was Raped By My Stepfather – Can I Claim Compensation From Anywhere Else?

If you are not able to claim compensation from the defendant themselves, it may be possible for you to launch a claim for compensation from the CICA (Criminal Injuries Compensation Authority). This process is described in more detail in the sections below.

Please do not hesitate to call our team and we will assess your case and offer guidance as to which claim could be appropriate for your specific circumstances.

What Is The Criminal Injuries Compensation Authority?

The Criminal Injuries Compensation Authority administrates the criminal injuries compensation scheme, which compensates victims of violent crime for criminal injuries and some of the financial expenses associated with such injuries. It is sponsored by the MOJ (Ministry of Justice) and could help victims of crimes in England, Wales and Scotland. If you have been harmed by criminal activity, as a blameless victim, you could receive compensation for both your mental/physical injuries and financial expenses incurred as a result of your injuries.

What Is A Litigation Friend And Could They Help Rape Victims Claim Compensation?

If the question you have is ‘I was raped by my stepfather – can I claim compensation as a minor’ the answer would be, you could get someone to make a compensation claim on your behalf while you are still a minor as a ‘litigation friend’.

A litigation friend would be an adult who could make decisions about your case on your behalf. This might be a guardian or parent, a professional advocate, a friend or family member, a solicitor or someone with an enduring or lasting power of attorney. It would have to be confirmed that they did not have conflicting interests to you and that they had the ability to make fair and competent decisions for them to be considered suitable.

If no one claimed on your behalf when you were a minor, and you wanted to make a claim once you reached adulthood, you could do so. If you turned 18 during the case, you could take control of your case yourself, asking the litigation friend to relinquish this position.

Time Limits To Claim Compensation If Raped By A Stepfather

If you are wondering how long you could have to claim from the rape victim compensation scheme, you may be surprised to learn that the time limit for CICA claims is different from the usual personal injury claims time limit. In many cases, you would only have 2 years from the date you were raped by your stepfather to claim. However, your solicitor could argue that you had not processed what had happened to you for some time, so an exception to this limit could apply to your claim.

Same Roof Rule

“I was raped by my stepfather can I claim compensation even though I was living with them at the time?” If you are asking this question, you may have heard of the same roof abuse rule, although this no longer applies. The same roof rule was established in law before 1979 and meant that those people who lived with their attacker at the time the incident took place could not claim compensation for criminal injuries. While the rule was abolished in 1979, the changes were not retrospective, so previous victims were not able to get compensation for criminal injuries received as a result of such crimes before 1979. However, this has since been changed, which now means that a victim of criminal injury prior to 1979 could now claim compensation retrospectively. If you would like to know how to apply for compensation for a historical case, our team would be happy to talk this over with you.

Raped By A Stepfather Victim Compensation Calculator – Updated August 2021

One frequent question that we are asked is ‘Can you tell me how much compensation I could be entitled to claim?’ You may have even looked for a personal injury claims calculator or a rape victim compensation calculator to give you a figure. However, we should explain that the figures provided by such calculators would only ever be rough estimates. Every criminal injury or personal injury claim is assessed on its own merits, and the unique facts of each case are considered when determining how much compensation could be appropriate for your rape or abuse victim compensation claim. You would also be expected to undergo an examination with an independent medical expert so that your injuries, your medical condition and your prognosis could be documented in a medical report that could be used by your solicitor to further value your claim.

What we can provide you with, however, is an illustration of what compensation could be awarded for specific injuries that we feel could relate to this kind of claim. The figures in the table below were taken from the Criminal Injuries Compensation Scheme 2012 tariff. This is a publication that could be used by the courts and your solicitor to determine what could be awarded.

Type of Injury Compensation Notes
Criminal injury claims multiple injuries. Up to £500,000
Rape £11,000 To £44,000 + their can be extras By one person
Assaults of a sexual nature over clothing £1,000 Minor acts without penetration
Assaults of a sexual nature under clothing £2,000 Serious acts without penetration
Assaults of a sexual nature non-penile penetrative or Oral to Genital £3,300 Severe sexual assault
Assaults of a sexual nature (frequent, repetitive assaults) £6,600 Severe sexual abuse lasting up to 3 years
Assaults of a sexual nature (frequent, repetitive assaults) £8,200 Severe sexual abuse lasting over 3 years
Assaults of a sexual nature (frequent, repetitive assaults) £22,000 Causing internal injuries
Assaults of a sexual nature (frequent, repetitive assaults) £22,000 Causing mental illness (moderate)
Assaults of a sexual nature (frequent, repetitive assaults) £27,000 Causing mental illness (severe)
Rape £13,500 By more than one person
Rape £22,000 Causing internal injuries (serious)
Rape £22,000 Causing moderate mental illness
Rape £27,000 Causing severe mental illness
Rape £33,000 Causing internal injuries (serious) and moderate mental illness
Rape £44,000 Causing internal injuries (serious) and severe mental illness
Sexual crime causing pregnancy £5,500
Sexual crime causing STIs £5,500 (HIV, Hepatitis B and C are excluded) recovery would be substantial
Sexual crime causing STIs £11,000 (HIV, Hepatitis B and C are excluded) permanent disability would be caused.
Sexual crime causing STIs £22,000 HIV, Hepatitis C and B
Sexual crime causing loss of a foetus £5,500

If your injury is not in the table above, please do not hesitate to get in touch with us. We could provide further insight into compensation amounts over the phone.

Please note if claiming against the defendant the awards could be different, the amounts shown are only if claiming through the Criminal Injury Compensation Authority.

Special Damages Or Special Expenses You Could Claim

If you have been raped by your stepfather, “can I claim compensation for financial expenses due to my injuries?” could be a valid question. While the table above relates to general damages in terms of the loss of amenity, suffering and pain you’ve endured, you could also claim compensation for the financial expenses you’ve incurred due to your injuries. These are what are known as special expenses if claiming through the CICA, they could include, but may not be limited to:

Loss of earnings – Loss of earnings could be claimed for if you have not been able to attend work as normal and have lost out on income. You would have to have been off for over 28 weeks to be considered eligible, and the amount you would receive would be based on Statutory Sick Pay.

Physical aids – If your injuries have led to you requiring physical aids that could not be provided by the NHS, reasonable costs for such aids could be compensated for.

Damage to your property – If some of your own property suffered damage during the rape, you may be able to claim for the cost of replacing such property.

Home adaptations – If your injuries were so severe that your home needed to be adapted for you to continue living in it, adaptation costs could be compensated for.

Costs for care – If you need help with continence, meal preparation or other self-care needs, you may be able to claim for care costs, if you were not able to access care via another source.

Please note if claiming against the defendant special damages could be different, than if claiming through the Criminal Injury Compensation Authority.

Restrictions On Special Expenses

You would only be able to claim for special expenses that you could prove were reasonable, caused directly by criminal injuries and where they could not be covered by another source such as the local authority, the NHS or the benefits system.

It is also vitally important that you are able to provide evidence of the costs and losses you intend to claim for, in order for them to be included as part of the compensation. If you cannot provide evidence of such expenses, for example with bills, receipts, payslips or bank statements, you would not be able to include them within your claim

Criminal Injury Victims Hardship Fund

Unfortunately, not all compensation claims are successful, although having an experienced lawyer on your side could help make your claim as strong as possible. However, if your injuries are not deemed to be serious enough to warrant compensation, you may be able to access The Hardship Fund. The Hardship Fund helps low-paid victims of crime when their injuries are not included in the Criminal Injuries Compensation Scheme 2012. It is a discretionary fund and could be used to provide some relief to those who have suffered financial hardship due to criminal injury that are not eligible for other financial assistance such as Statutory Sick Pay or other benefits.

You would have to be referred to the CICA by Victim Support to access the fund.

Why Choose Us To Handle Your Rape Victim Claim?

With years of experience in helping claimants with a variety of criminal injury and personal injury claims, we know only too well that some claimants may be worried about their case, and they may have questions about the claims process, their eligibility or where to start when making a claim for compensation. If you were raped by your stepfather, we know you may still be coming to terms with the abuse you have suffered, and we can offer you guidance and support in confidence. We do not charge for advice and we could even complete a free, no-obligation eligibility check to give you the confidence you may be looking for to go ahead with claiming compensation.

If you would like us to help you begin a claim for financial compensation for rape injuries, as well as the financial harm your injuries may have caused you, call our team, we could even provide a personal injury solicitor who could fight for compensation on your behalf. All of the solicitors we could provide you with work on a No Win No Fee basis, so you would not have to pay any fees to your lawyer until such time as your compensation had been paid out.

Why use a personal injury solicitor in rape and sexual abuse claims?

We realise that telling a stranger about the abuse you’ve endured will be difficult. Explaining what happened though will be required whether you speak to the CICA officers or with a specialist solicitor. However, once your case has been reviewed by a solicitor, they will deal with the CICA on your behalf if your case is accepted. That means you’ll be able to leave everything to them. They’ll manage the claims process for you and respond to any queries from the CICA on your behalf.

The process we use when dealing with claims through the CICA scheme involves your solicitor:

  • Listening to you during a telephone consultation so that they fully understand how you have been affected.
  • Gathering any documentary evidence that exists such as medical records and police reports. This will be used to support your application to the CICA scheme.
  • Arranging for you to be seen by an independent specialist in a local comfortable environment. They will discuss your case and provide a report to show how you have suffered.
  • Filing the claim with the CICA and dealing with any queries they raise.
  • Keeping you updated with any progress in your case. They’ll also be there to answer any questions that you may have.

The ultimate aim of your solicitor will be to try and make sure that you win your case and that you receive the maximum level of compensation. Please call today to discuss your case in confidence so that we can provide free legal advice on your options.

No Win No Fee Claims If Raped By Your Stepfather

When you are considering making a compensation claim for being raped by your stepfather, one of the things you might be concerned about is how to pay for legal services from a personal injury solicitor. This is not something you would have to concern yourself with if you chose a personal injury lawyer that works on a No Win No Fee basis. With No Win No Fee claims, there would be nothing for you to pay upfront, or throughout your claim. Instead, you would be asked to sign a Conditional Fee Agreement that would promise your lawyer a small success fee if they were able to secure a compensation settlement for you. This success fee is a legally capped small proportion of your compensation and is only payable if your lawyer successfully negotiates a rape victim compensation settlement on your behalf. If they do not manage to get you any compensation, you would not have to settle the success fee or pay any costs incurred by your lawyer while pursuing your claim.

No Win No Fee claims could give you the financial confidence to claim the compensation you deserve, and we could provide you with a lawyer working on this basis to help you. If you’d like to learn more about this, simply call our team, and we’ll be glad to answer any questions you may have.

Start Your Claim

Whether you are ready to begin a claim or have further questions about the claims process or your eligibility to claim, we could help. With free advice and support only a call or click away, why not contact us today?

By phone: 0800 073 8801

By email: office@accidentclaims.co.uk

Through Live Chat, or by filling out our contact form.

We look forward to helping you claim the compensation you deserve.

Essential References

Prosecuting Rape Cases – Here, you can find information from the CPS about prosecuting rape cases.

Sentencing Information – The CPS also give information on the sentencing of such cases.

Advice On Reporting A Rape – This Government resource offers advice on reporting a rape.

Rape Victim Compensation – Here, you can find information on compensation amounts for rape cases.

Post-Traumatic Stress Claims – You may find our PTSD claims guide of assistance if you have suffered PTSD after a rape.

Assault Claims – If you have been assaulted, this guide to claiming assault compensation could be of use to you.

This guide aimed to answer the question, “I was raped by my stepfather, can I claim compensation?”. Hopefully, it has done so and you now know whether you’ll be able to claim. Please get in touch if you’d like free legal advice on your options.

Article by JJ

Edited by MM.