CRIMINAL INJURY COMPENSATION - RAPE & SEXUAL ASSAULT

Our specialist personal injury solicitors deal with criminal injury compensation claims on behalf of victims of violent crime using the no win no fee scheme. There are no upfront costs to pay and you do not have to fund the claims process. You will be charged absolutely nothing if your application is rejected or refused. Our criminal injury compensation claims are completely risk free.

A sexual offence is defined as any criminal offence that is sexual in nature or intention includng sexual assault, indecent assault, rape, child abuse and paedophilia. Most of the current law on sexual offences is to be found in the Sexual Offences Act 2003, the Sex offenders Act 1997 and the Sexual Offences Act of 1956 which was mostly consolidated laws drawn up in the 19th century, an era when paedophilia was not recognised, which has necessitated the latest two acts. The Sexual Offences Act 2003 provides tougher sentences for child sex offenders and reform of rape law and complements the Criminal Justice Act 2003, under which serious sex attackers will receive mandatory life sentences - even if they are first-time offenders.

Rape
The definition of rape has been developed over the years and whilst originally consisting of a male having vaginal sexual intercourse with a female by means of force against her will it has been recently widened by the Sexual Offences Act 2003 to include penetration of the mouth or anus by the penis, and covers surgically reconstructed male and female genitalia.

Sexual Assault
There are many definitions however one commonly used version is that a sexual assault is any contact forced on another person by threats of harm or intimidation or coercion with lack of consent. This offence also occurs if someone is pressured or intimidated into sexual contact or is otherwise mentally or physically incapable of consent. The Sexual Offences Act 2003 creates a new offence of sexual assault by penetration which deals with indecent assault involving the insertion of objects other than the penis into the vagina or anus.

Child Abuse
The Sexual Offences Act 2003 has now replaced the crime of incest with a new offence of familial sexual abuse which covers sexual assaults by blood relatives and also foster and adoptive parents and live-in partners. A further offence aimed at those in a position of authority prohibits sexual contact between adults and children under 18 in schools and colleges and residential care, to protect vulnerable young adults.

Paedophilia
The Sexual Offences Act 2003 creates a new offence of adult sexual activity with a child under 16 which covers a wide range of indecent assault. If the child is under 13 and the behaviour involves physical contact or a sexual act, the adult may be charged with rape or sexual assault. The act also creates a new offence of sexual grooming of a child with the intention of abusing them.

The amount of the financial award in criminal injury compensation claims is determined by a tariff scheme that was enacted in 1996 and amended in 2001. Individual injuries are assigned a monetary value and placed into one of 25 corresponding bands. Victims are compensated for the three worst injuries but they do not receive full compensation for all three. Rather, the victim receives the full value of the worst injury, with the value of the second and third worst injuries being reduced by a set percentage. There is a £250,000 cap on the amount that can be awarded for injuries. Some victims will be eligible for additional compensation, such as lost wages and medical expenses. A separate £250,000 cap applies to these awards. The overall maximum award to an injured victim of violent crime is £500,000.

Time is a factor in bringing criminal injury compensation claims. In order to obtain compensation the application must be submitted within two years of the date of the incident. There is discretion to extend this time period under special circumstances.