CHILD ABUSE COMPENSATION CLAIMS

Victims of sexual abuse are entitled to compensation for the mental, emotional and physical suffering they have endured. If you or one of your children has been the victim of child abuse, they may be entitled to financial redress from the Criminal Injuries Compensation Authority (CICA) or in the case of institutional abuse, they may be able to claim compensation at a substantially higher rate from the employer of the abuser if there has been a failure of surveillance or supervision.

When you hear the phrase child abuse, many of us immediately think of physical pain and injuries being inflicted on a child. However, child abuse can come in many forms, including sexual, emotional and psychological harm. In general terms abuse victims are most often the most vulnerable members of our society the abuser is frequently someone who is in a position of authority, such as employees at daycare centers, schools and residential care homes. By law, employers are liable for the abusive actions of their employees if they were negligent in screening applicants or if they failed to respond appropriately to accusations of abuse. In cases where multiple people were victimized by the same institution, they may bring a multi-party action, potentially allowing for financial assistance via Legal Aid.

Sadly, the abuser is sometimes the child's parent, family member of friend of the family. The fact that the abuser is related to the child does not preclude the possibility of bringing a child abuse compensation claim. We understand that child abuse perpetrated by a family member is an especially sensitive matter. Be assured that any information provide during the discussion of your case is completely confidential. The information will not be revealed to anyone without your explicit consent. In addition, to ensure your comfort, we are able to arrange for victims to speak to someone of their same gender upon request.

A criminal sexual offence is defined as an illegal act that is sexual in nature or intention and includes rape, sexual assault, indecent assault, child abuse and pedophilia. The law relating to child abuse is contained in the Sexual Offences Act 1956, the Sex Offenders Act 1997, the Sexual Offences Act 2003 and the Criminal Justice Act 2003 :-

• Child abuse and familial sexual abuse (incest) which covers blood relatives, foster parents, adoptive parents and live in partners are defined in the 2003 legislation which also makes it an offence for a person in a position of authority to engage in sexual contact with a minor.

• Paedophilia is adult sexual activity with a child under the age of 16. Sexual contact with a child under 13 can result in a charge of rape. Sexual grooming with the intention of child abuse is now an offence under the 2003 legislation.

In determining compensation in a child abuse case, the CICA uses a tariff scheme, but awards may be reduced if an adult claimant has ‘unspent’ criminal convictions determined by the Rehabilitation of Offenders Act. In the case of sexual abuse, the perpetrator need not have been identified, prosecuted or convicted. Note that in order to receive compensation for abuse, the claimant must fully co-operate with police and the prosecuting authority. The time limits on CICA claims can be waived under special circumstances, allowing claims to be brought many years after the abuse terminated.

We provide our services on a risk free no win no fee basis. You will not be asked for any money in order to make your claim to the CICA. To receive advice and guidance about child abuse compensation claims simply telephone our helpline. If you would prefer to speak to a same sex lawyer just inform us on your initial contact with us.

Our clients often contact us at an early stage in police investigations into child abuse and it may be of interest to those who have been the victims of crime to understand the legal process and the courts that may be involved in a child abuse prosecution :-

The lowest ranking criminal court, where all child abuse prosecutions start, is the Magistrates Court which is only allowed to deal with relatively minor offences with more serious cases being transferred to the Crown Court. The decision on which cases are transferred to the Crown Court depends on the type of offence, the potential maximum sentence and the will of either the magistrates or the defendant. The magistrates do have the power to deal with some child abuse cases although they will frequently remit more serious matters to the Crown Court. In some cases the defendant has a right to transfer the case to the Crown Court for jury trial and in other minor cases there is no such right. A solicitor may decide that it is in his client’s best interests to transfer to the Crown Court for a jury trial. Some cases can only be heard in the Magistrates Court whereas in other cases the magistrate has no option but to transfer the case to the Crown Court.

The Magistrates' Courts deal with 95% of cases to completion which includes many child abuse cases each year with a lawyer often representing the accused. Cases are heard by either a full time professional District Judge who is usually a qualified solicitor or barrister or by a panel of three lay magistrates who undergo training supervised by the Judicial Studies Board. Qualified legal clerks sit in court with the lay magistrates to advise them on law. Magistrates sentencing powers are restricted to a maximum of 6 months (or 12 months for consecutive sentences) imprisonment or fines not exceeding £5,000. In cases that can be tried either in the Magistrates' Court or the Crown Court the magistrates may refer the offender to the Crown Court for sentencing if their sentencing powers are deemed inadequate.

The Crown Court is part of the Supreme Court of Judicature and deals with serious offences that may be tried before a judge and jury including murder, rape, child abuse, serious assault, kidnapping, conspiracy, fraud, armed robbery, and Official Secrets Act offences. The Crown Court also deals with appeals and referrals from Magistrates' courts. Trials in the Crown Court may be heard by a Judge and a 12 person jury consisting of members of the public who are randomly selected for jury service.

The Crown Court also hears appeals against conviction and sentence by the Magistrates Court at which time the Judge re-hears all the evidence that witnesses have already given in the lower court in the absence of a jury. In these cases the judge makes his decision after consultation with between two and four lay magistrates who sit with him. The Crown Court also hears cases appealed from the Magistrates Courts on factual points whereas the Queen’s Bench Division of the High Court hears cases appealed on points of law. Appeals against conviction and sentence are referred to the Criminal Division of the Court of Appeal.