I Was Sexually Abused By Babysitters, Can I Claim Compensation? – Criminal Injury Compensation Authority CICA

Sexually abused by babysitters compensation claims guide

Sexually abused by babysitters compensation claims guide

By Brett Williams. Last updated 9th August 2021. If you have suffered trauma from being sexually abused by a babysitter, or you have found out your child has been sexually abused by babysitters, you may not know where to turn. This guide aims to give you guidance and support if you find yourself in this terrible situation. No matter what level of sexual abuse you or a child you are responsible for has suffered, we believe victims of abuse should be compensated for the psychological trauma and physical injuries caused by such abuse. This guide offers insight into who you could make a claim against and what sort of compensation you could claim. If you would like further guidance or are ready to begin a sexual abuse claim as you are now an adult or you are responsible for a child who has suffered, we could help. Simply call 0800 073 8801 to get started.

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A Guide To Claims If Sexually Abused By Babysitters

If you or a child you are responsible for has been sexually abused by babysitters, this could be devastating. Not only may children be suffering from physical injuries and abuse-related trauma, but parents may also be feeling angry and very upset about what happened. However, neither the parent or child are to blame for the heinous crime that has been committed. The person responsible for abusing a child they are supposed to be looking after has committed a crime and should be brought to justice for what they have done.

While it might be difficult for a child, or even the adult responsible for them to discuss the abuse perpetrated by a babysitter, reporting sexual abuse could be vital in ensuring the same thing does not happen to another child. In addition to this, reporting the incident could also pave the way forward for compensation to be paid out for the physical and emotional trauma caused by the abuse.

Claiming For Sexual Abuse – Who Would My Claim Be Against?

While it may, in some cases be possible for a claim for babysitter abuse against the babysitter themselves, it may be unlikely that they would have the funds/assets to pay compensation to the victim for their injuries. If this is the case, a claim could be brought through the Criminal Injuries Compensation Authority. This is a Ministry of Justice backed authority that pays compensation to victims who have suffered an injury due to criminal acts.

What Is Sexual Abuse By Babysitters?

Sexual abuse of a child is defined by the Crown Prosecution Service as inciting or forcing someone under the age of 18 to engage in any type of sexual activity, regardless of whether the child is or is not aware of it. There may or may not be a high level of violence involved with the abuse.

The perpetrator of the sexual abuse would be acting illegally by inciting or forcing a child into engaging in any kind of sexual activity and could be prosecuted under the Sexual Offences Act 2003.

Whether it has been some years since you were sexually abused by a babysitter and you are now an adult, or you are reading this as an adult responsible for a child who has suffered sexual abuse by babysitters, you could report the abuse to the police, and may be in a position to claim compensation for the physical and psychological injuries suffered as a result of the abuse. We could help you to do so.

Sexual Abuse Victim Statistics

According to the Crime Survey for England and Wales (CSEW) an estimated 7.5% of adults aged 18 to 74 years have experienced some form of sexual abuse prior to turning 16. While a third of these cases related to abuse from a stranger, around 37% was said to be perpetrated by someone the victim knew as a friend or acquaintance.

Types Of Sexual Abuse A Babysitter Could Commit

There are many different forms of sexual abuse that could be perpetrated by a babysitter. These could include:

Contact Abuse

  • Touching in a sexual manner
  • Oral Sex
  • Kissing
  • Penetrative sex

Non-Contact Abuse

  • Flashing
  • Exposing children to sexual acts
  • Making a child masturbate
  • Making a child take part in or look at sexual images or videos
  • Making a child take part in sexual activity through a smartphone or online

Whatever way in which you (now as an adult) or a child you’re responsible for has been sexually abused by a babysitter, you could take action to claim compensation for the emotional and physical injuries suffered as a result.

Signs Someone Has Been Abused By Their Babysitter

If your child or a child you are responsible for is being sexually abused by their babysitters, then they may not feel able to tell you. However, there may be some signs that could tell you that something may be wrong. These could include:

  • Changes in behaviour/mood
  • Becoming anxious or depressed
  • Self-harming
  • Misuse of alcohol or drugs
  • Avoiding people they may know or appearing frightened of them
  • Using sexual language that is not expected for them to know
  • Bed wetting
  • Having nightmares
  • Changes in appetite

If you see any signs that there may be something wrong, it could be wise to have a calm conversation with your child or see if they would like to speak to someone they trust about what is going on.

Signs Your Babysitter Has Abused You

You may not be sure whether what your babysitter has done would constitute sexual abuse. If you have experienced any of the below, it may be wise for you to speak about it with someone, whether this is an adult you trust or an organisation such as Childline or the NSPCC.

  • Being called sexual names
  • Being touched in a manner you aren’t comfortable with
  • Being forced to take part in sexual activity of any kind
  • Being forced to undress or touch someone else
  • Being exposed to sexual images, whether this is making them, or viewing them
  • Being forced to touch yourself
  • Being forced to masturbate
  • Being forced to talk about sexual activity

If you feel at all uncomfortable with the way in which your babysitter is treating you, it would be wise to report it to someone in order to stop it happening.

Trauma And Injuries Caused By Abuse

The trauma and injuries caused by sexual abuse could by physical and emotional. Physical injuries a child who has been sexually abused could sustain could include:

Pregnancy – If the child has reached puberty

STIs – While some STIs may need a short-term treatment, some could lead to serious conditions that last for years if not for the rest of the victim’s life

Genital injuries – This could include internal injuries, bruising or lacerations, for example.

Traumatic Psychological Injuries

It could be that the most severe injuries caused by sexual abuse may be psychological. Psychological injuries caused by abuse could include:

  • Depression
  • Anxiety
  • Shame
  • Guilt
  • Self-harm
  • PTSD
  • Drug or alcohol issues

As part of a criminal injuries claim for psychological damage, you would need to be assessed by a mental health professional in order to verify the psychological damage caused by the abuse.

What To Do If Your Child Tells You About Abuse By A Babysitter

You may not know what actions to take if abuse is suspected or you are told by your child that they have been sexually abused by their babysitter. While you may be feeling angry and very upset about what may have happened, it would not be wise to confront the babysitter who may have abused a child you are responsible for.

The NSPCC has provided guidance on what you should do if a child tells you they are being or have been abused. They advise you to:

  • Listen closely to what they are saying
  • Tell them they have done the right thing in telling you
  • Reassure them that they are not at fault
  • Tell them that you are taking them seriously
  • Tell them what you will do about what they’ve told you
  • Report it as soon as possible

How To Report A Sexual Assault Which Has Happened To You Or Another Person

Whether you would like to report historical abuse or abuse that has only just occurred or want to know what to do if you think a child is being mistreated there are a number of ways in which you can access assistance. There are several organisations that could offer support for both victims of sexual abuse and people who care for them. These include:

How Do I Report Child Endangerment Or Abuse To The Police?

If the abuse is not happening right now and no one is in immediate danger, you could contact 101, report the incident online, or visit the police station closest to you to make a report. If someone is in immediate danger, you should call 999.

I Was Sexually Abused By Babysitters – If It Hasn’t Been Reported Can I Claim?

In order to make a CICA claim, you need to show that you have co-operated with the police to attempt to bring the criminal to justice, even if there is no conviction. By not reporting the incident to the police, you would make it impossible to claim through the CICA for your injuries.

Duties And Role Of Litigation Friends

If you have been made aware that your child or a child you are responsible for has been sexually abused by a babysitter, you could make a compensation claim on their behalf for the physical and emotional trauma caused by such abuse. You would be acting as their litigation friend throughout the claim and would make decisions on the claim on behalf of the victim. To be accepted as a litigation friend you would have to confirm that your interests and that of the victim do not conflict and that you are able to make fair decisions about the case. People who could act as a litigation friend could include:

  • A family member
  • A parent
  • A guardian
  • A friend
  • A professional advocate
  • A lawyer

If a child was to reach adulthood while their claim is still in progress, they could take over the decisions regarding their claim and ask the litigation friend to step down.

Time Limits To Bring A Claim For Sexual Abuse

Whether you are making a claim against the perpetrator or through the Criminal Injuries Compensation Authority, the personal injury claims time limit for being sexually abused could vary. If you are claiming against the babysitter, as a parent, you could have until the child’s 18th birthday to make a claim. If you are making a personal injury claim against the perpetrator as an adult for injuries sustained as a child, you would usually have until your 21st birthday to claim. However, you could also claim years later for historical abuse in some cases.

The Criminal Injuries Compensation Authority claims time limit is usually two years from the crime date, but again, exceptions to this could be made for victims of sexual abuse. If you would like further guidance on how long you could have to claim, our team would be happy to talk to you about this. We do not want any victim of sexual abuse to forgo the compensation they deserve because they fear they may be too late to claim, so we urge you to contact our team to see if you could be eligible to claim, even if years have passed since you were sexually abused.

Sexually Abused Compensation Calculator – Updated August 2021

One common question that you may have as a potential claimant is how much compensation your claim would likely amount to. You might have even looked for a personal injury claims calculator in order to get this information. We should mention, however, that the figure you would receive from one of these calculators would only be a rough idea of the level of compensation that could be achievable. Each personal injury claim or criminal injury claim is assessed according to its own unique facts and circumstances in order to determine an appropriate compensation payout. You would also have to go for a medical assessment with an independent doctor for your injuries to be assessed and a report outlining your condition and your prognosis to be produced. This report could be used to further value your abuse claim.

We know that it may seem frustrating not to know how much compensation would be appropriate for your claim so we have provided some insight in the form of a table that shows how much compensation could be appropriate for certain injuries. We have shown injuries that we feel could be sustained in this kind of claim. However, if yours is not included in the table, it does not mean you could not claim for it. We could provide further insight on other injuries over the phone. The figures we have included in the table are taken from the tariff in the Criminal Injuries Compensation Scheme 2012.

Type of InjuryCompensationNotes
Criminal injury claims multiple injuries.Up to £500,000
Rape£11,000 To £44,000 + their can be extrasBy 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

Additional Ways In Which You Could Be Compensated

There are additional ways in which you could be compensated if you’ve suffered harm due to being abused. You could be compensated for financial expenses that have been caused by your psychological and physical injuries. If you are making a criminal injury claim through the CICA, you would have to be able to prove that the expenses suffered were reasonable, and could not be covered by someone else, such as the benefits office, the NHS or the local authority for example. You would also have to prove that they arose as a direct result of your injuries.

If you are making a criminal injury claim through the CICA you may be able to get compensation for:

  • Wage losses – If you’ve been off work due to your injuries for a period of over 28 weeks, you could be compensated for income loss. This would be paid out at the statutory sick pay rate at the time your claim was decided.
  • Physical aids – If your injuries caused a need for physical aids such as walking sticks or spectacles for example, and you could not get them through the NHS, you could claim compensation to cover the cost of these.
  • Property damage – If damage to your property was caused in a criminal act that you were injured in, you could claim reasonable costs for a replacement.
  • Care costs – If your injuries caused you to require assistance with toileting, continence or meal preparation, for example, care costs could also be compensated for. However, these would only usually be covered by the CICA if care could not be arranged for free via another source, such as the local authority, for example.

In order to claim for these special expenses, you would be required to evidence them. You could do this by providing wage slips, bank statements, receipts and bills. If you do not retain the proof of costs and losses incurred due to your injuries, you would not be able to include them as part of your claim.

No Win No Fee Claims If Sexually Abused By Babysitters

If you are thinking of moving forward with a claim after you’ve been sexually abused by a babysitter but would like a personal injury lawyer to help you with your claim, you may be wondering whether you would have to pay them upfront for their services. If you chose a personal injury solicitor that could launch your claim on a No Win No Fee basis, this could mean you would not have to pay anything at all up front, or before your claim was successfully completed and compensation has been paid out. This type of claim works under a Conditional Fee Agreement; a document you would be asked to sign before the lawyer began to work on your claim. The agreement promises to pay your solicitor a small, legally capped success fee upon successful completion of your babysitter abuse claim. In the event that your claim did not result in compensation, you would not be required to pay the costs incurred by your lawyer for pursuing your claim, nor would you be asked to pay the success fee.

If you would like us to provide you with a No Win No Fee lawyer to help you with your claim, we would be happy to do so.

Why Let Us Handle Your Claim For Sexual Abuse By A Babysitter?

If you feel that making a claim for being sexually abused by babysitters is a little daunting, and you have questions about the claims process or your eligibility, we could offer the guidance and support you may be looking for. Not only could our advisors answer any questions you might have surrounding the claims process, compensation amounts and your eligibility to make a claim, but we could also connect you with a personal injury solicitor who could fight for compensation on your behalf on a No Win No Fee basis. Having a lawyer on your side could take the stress out of claiming, allowing you to focus on your recovery from abuse while they take on the legal legwork of your claim. You will remain in control of your claim at all times, and will be kept updated of any progress, allowing you to move forward with confidence that everything is being taken care of.

Why use a solicitor in sexual abuse compensation claims?

If you decide to start a compensation claim following sexual abuse, you’ll need to revisit what happened. This may be with the CICA team or with your injury claims solicitor. If you decide to work with us, and your case is taken on by one of our solicitors, they’ll do all they can to make the process as straightforward as possible and limit the amount you need to be involved. While they will always try to make the claim as stress-free as possible, they’ll also try to ensure you receive the maximum level of compensation.

When they begin the claims process, your solicitor will listen to how you have been affected by the sex offender and their actions. They will then begin to collate the evidence needed to support your claim. As part of the CICA claims process, you’ll need a medical assessment. Therefore, your solicitor will book this locally in a safe and comfortable environment.

Once your claim has been filed, your solicitor will ensure you don’t need to deal with officers from the CICA scheme. They will field all enquiries on your behalf and provide additional evidence where required.

If you have been sexually abused by babysitters and are considering making a compensation claim, please call today. We’ll deal with your call compassionately and in confidence.

Start Your Sexual Abuse Claim

Whether you’re interested in starting a sexual abuse claim, would like to ask us something about making a claim or you’d like to benefit from a free eligibility check it’s easy to reach our team.

You can email office@accidentclaims.co.uk

Call 0800 073 8801

Fill out our contact form

Or, use the live chat feature on this page.

We’re ready to help you claim compensation if you’ve been sexually abused by your babysitter, so why not get in touch today for advice and support you can trust?

*You must be 18 to start your own claim otherwise you would need a litigation friend.

Victim Support Resources

Historical Abuse Claims – If you were sexually abused by babysitters when you were younger, this guide to historical claims could be useful.

Victims Of Rape – If you have been raped by a babysitter, this guide could offer you some useful information.

Psychological Injuries Claims – This guide looks at psychological injuries in more detail.

Child Sexual Abuse Signs – This NHS covers the signs of child sexual abuse.

Reporting Child Abuse – This page on the government website covers the reporting of abuse.

Reporting Crime Online – If you are looking to report sexual abuse as a victim or for someone else, you can do so online here.

Thank you for reading our guide on what to do if you were sexually abused by babysitters. If you are considering claiming compensation, why not call for a free and confidential case review?

Article by JJ

Edited by MM.