Claiming Sexual Abuse Compensation When Raped By Your Stepfather

One of the most difficult crimes to comprehend is where a parent rapes their own child or stepchild. Not only will the victim suffer immediate pain and anguish, but they could also be affected for the rest of their lives. While the criminal justice system can charge and prosecute the criminal responsible, the perpetrator’s child will need support and treatment to try and aid their recovery. Therefore, in this guide, we’re going to look at making a compensation claim after being raped by your stepfather.

We understand how tricky it will be to discuss what happened with a stranger. Our staff are specially trained to be compassionate when assessing your claim. They’ll provide free legal advice about your options without putting any pressure on you to make a claim. If there is a chance your claim could be successful, they’ll refer you to a specialist personal injury solicitor from our panel. All claims that are taken on are handled on a No Win No Fee basis.

To discuss a claim today, please call us on 0333 000 0729. Alternatively, to find out more about claiming criminal compensation for a rape victim, please carry on reading.

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A Guide On Claiming Compensation If Raped By Your Stepfather

Raped by stepfather

Raped by stepfather

After a stepfather has been convicted of raping a child, they’ll be punished by the courts in some way. While that might offer their victim some reassurance and justice, it won’t help them to recover. In that situation, the victim, or a parent, might want to seek compensation for suffering caused by the horrible crime against them.

There are two routes you can take if you decide to make a claim:

During this guide, we’ll look at both options and discuss when you could claim, the eligibility criteria and how much compensation might be paid. We’ll also look at the process of becoming a litigation friend so that you can make a claim on your child’s behalf.

Whichever route you take, it’s advisable to have a specialist personal injury lawyer on your side. That’s because claiming can be complex and it’s important to get it right to try and ensure you get the correct level of compensation. Once a claim has been settled, you’ll be unable to go back and ask for more compensation if you forgot to include something.

Legal Helpline can support you in both types of claim. We have a panel of specialist lawyers who have decades of experience handling all sorts of cases. Your solicitor will be on hand throughout to answer any questions and provide regular updates.

When you’ve finished this guide, if you’d like to begin a claim or have any unanswered questions, please call and speak to one of our specialist advisors for free claims advice.

What Is A Rape Claim Against A Step Father?

According to the Sexual Offences Act 2003, rape occurs when a person:

  • Intentionally penetrates the vagina, anus or mouth of another person; who
  • Does not consent to the penetration; and
  • The perpetrator does not reasonably believe that the victim consents.

Any form of rape is heinous, but it could be even harder to deal with if the rapist is somebody you know, like your stepfather.

If you’re over 18 at the time the rape occurred, you are able to claim compensation yourself using the methods listed in the previous section yourself and will not require a litigation friend. If the victim of the rape is your child, then you could make a claim on their behalf. While no amount of money is going to make things better for the victim, compensation can help fund their recovery from physical and psychological injuries, such as by paying for the likes of therapy.

Rape And Child Sexual Abuse Statistics

For your information, in this section, we’re going to review some statistics from the Office for National Statistics (ONS) regarding sexual offences in England and Wales for the year ending March 2017.

The report states that:

  • An estimated 20% of women and 4% of men have been the victim of some form of sexual assault since they turned 16.
  • Around 3.1% of women and 0.8% of men were sexually assaulted in the last year.
  • The recorded number of sexual assaults has not changed between 2005 and 2017. However, police recorded figures have increased due to improved recording practices.
  • The crime survey of England and Wales show that around 83% of victims didn’t report their case to the police.
  • Where the rape victim was female, the offender was either a partner or ex-partner (45%) or known to them (38%).

Help After A Sexual Assault Or Rape By A Stepfather

If you’re the victim of rape or sexual assault, there are a number of places you can go to seek support. This guide from the Metropolitan Police provides some useful information, but you could also turn to the following charities:

If you’re in immediate danger, you should contact the police on 999 or call the NSPC on 0808 800 5000.

Reporting Rape By A Family Member

If you’d like to report a rape by a family member to the police, you should try to do so as soon as possible after the crime has been committed.

Alternatively, if you’d rather not contact the police, you might have a Sexual Assault Referral Centre (SARC) in your area that can offer support and collect medical evidence that might be used later on.

When Victims Of Rape By A Step Father Could Seek Help

In some circumstances, you might not realise that you’re being abused by your stepfather. Here are some scenarios which mean you should probably seek advice or report what’s happening:

  • When you’re touched in a manner that you do not like.
  • If you’re being forced to look at sexual content like pictures or videos.
  • If you’ve been forced to have sex with your stepfather or other people.
  • When you’re forced to witness sexual actions or behaviours whether in person, online or on a phone.
  • You’re being forced to carry out a sexual act on someone else that you don’t want to do.

If any of the above is true, we’d advise you to either speak with somebody you trust or contact one of the support services listed in the previous section.

Could You Claim For Rape Through The Criminal Injuries Compensation Authority?

The Criminal Injuries Compensation Authority is a government organisation that can compensate victims of violent crime when it’s not possible to claim against the criminal directly. They can compensate for physical and psychological injuries.

Their eligibility criteria state that you must have reported the crime to the police and to claim within the time limit (more on this later).

Our panel of specialist personal injury lawyers can help you claim via the scheme operated by the CICA if it’s the only option available to you. Please contact our team to discuss your options.

How Litigation Friends Could Support Younger Victims

If your child is raped by their stepfather, they won’t be able to make a claim themselves as they’re not able to represent themselves legally until they are 18-years old. Therefore, there is a process which allows a guardian, parent or responsible adult to become a ‘litigation friend’.

This process means the litigation friend will handle the claim on behalf of the victim and deal with the lawyers on their behalf. Following the claims process, if a settlement is reached, a court will review the compensation amount and hold it in a trust fund if they’re satisfied that it’s the right amount. Parent’s can request funds to be released by the court but will need to be shown how it benefits the child before the court does so.

How To Make A Claim If You Were Raped By A Stepparent

As we’ve alluded to throughout this guide, if you are going to seek compensation after being raped by your stepfather, there are two ways to do so:

  • Through a personal injury claim against your stepfather.
  • Through the CICA scheme.

In most cases, a personal injury claim will result in a higher compensation payment than the CICA scheme offers. However, if your stepfather doesn’t have insurance or the ability to compensate you himself, the CICA scheme will be your only option.

Calculating Compensation If Raped By A Stepfather

In this part of the guide, we’re going to consider the level of compensation you might receive. As you can probably imagine, every claim is unique because every victim is affected differently. Therefore, while we’ve provided some example payouts in the table below, we can only provide a personalised compensation estimate once your claim has been reviewed by a personal injury lawyer.

Type of ClaimCompensation AmountAdditional Details
Sexual Assault (child)£1,000Minor, non-penetrative sexual act over clothing.
Sexual Assault (adult)£3,330Severe non-penile sexual physical acts.
Sexual Assault (child)£1,500Minor, non-penetrative frequent sexual act over clothing.
Sexual Assault (child)£3,300Serious pattern of non-penetrative physical sexual acts under clothing.
Sexual Assault (adult)£11,000Non-consensual penile penetration by a single attacker.
Sexual Assault (child)£16,500Repeated incidents of non-consensual sexual assault with penile penetration for up to 3-years
Sexual Assault (child)£22,000Repeated incidents of non-consensual sexual assault with penile penetration for more than 3-years
Mental Illness (child)£33,000A moderate mental illness caused by repeated non-consensual sexual assaults.
Severe Mental Illness (adult)£27,000A severe mental illness caused by non-consensual penetration.

The figures in the table come from the CICA tariff of injuries. The list of compensation figures is a lot longer so not every scenario is covered by our table. Again, when you discuss your case with an advisor, they’ll be able to provide a more accurate estimate for you.

Special Expenses And Damages You Could Claim

In the previous section of this guide, we looked at compensation that could be paid for physical or psychological injuries. When you make either a personal injury claim or a CICA claim, there are other things you can claim for known as special damages or special expenses. They are designed to cover any financial costs you’ve incurred that stemmed from your injuries.

When you claim against the criminal directly, you could ask for medical expenses, care costs, lost income and travel costs to be included in your claim. You’ll need to prove how much you’ve spent by providing supporting evidence such as receipts, bank statements or wage slips.

The CICA has a duty of care to taxpayers so have more stringent rules surrounding special expenses. To be eligible to claim, you’ll need to show that any special expense you claim for is reasonable, necessary and caused directly by your injuries. You’ll also need to show that the cost can’t be funded by the NHS or benefits system.

After your solicitor has reviewed your claim, they’ll be able to tell you what you can and can’t include. It can be helpful to keep a diary of any expenditure during your recovery so that it’s easier to remember when your solicitor asks.

Damages Awarded Through The Hardship Fund

If you are a low-paid worker, and you’ve been the victim of a violent crime after 2012, you could claim financial support through the Hardship Fund operated by the CICA. The fund is available to those who don’t have any other financial support (such as Statutory Sick Pay) and cannot work because of their injuries. It is available from the 4th day of absence from work through to the 28th day.

For more information on claiming through the Hardship Fund, please read this guide from Victim Support.

Steps Rape Victims Could Take To Claim Compensation

When claiming compensation after being raped by your stepfather, there are some steps you could take that might make the process easier:

  • Visit a doctor to have any injuries treated. Your medical notes could be used to support your claim and prove that injuries were sustained.
  • Keep any text messages, emails, social media messages or anything similar where your stepfather has referred to what happened.
  • Contact the police and let them know that a crime has happened. This is mandatory if you want to claim through the CICA scheme.
  • Contact Legal Helpline so that we can provide advice on how to proceed with your claim.

In the case that you’re claiming for a historical crime, you should still contact the police and report what happened. They are obliged to investigate the crime and prosecute where possible. If you need any further advice on claiming, please contact our team today.

Rape Victim Compensation Claim Limitation Periods

It’s important to point out that there is a personal injury claims time limit when seeking compensation. For adults, the limitation is usually 3-years from the date the crime took place. For children, a parent or guardian can claim on their behalf any time before the child turns 18. If a claim hasn’t been submitted in that way, the time period will be 3-years from the victim’s 18th birthday. These time limits apply to cases where a claim is made directly against the stepfather responsible for the rape.

Claims against the CICA scheme are different because there is a reduced 2-year time limit for claiming. In some exceptional circumstances, where it’s been impossible to claim on time, the limitation period might be extended. Also, for cases of historical sex abuse, the 2-year period will start from the date you reported the crime to the police.

Will The Same Roof Rule Apply To My Claim?

In the past, there was a rule that said you couldn’t claim compensation via the CICA scheme if the offender lived at the same address at the time of the crime. However, this press release from the government states that the rule was abolished in February 2019.

If you’ve been previously blocked from claiming under the same roof rule, you may be entitled to reapply, so please get in touch for further information.

No Win No Fee Rape Compensation Claims Against A Stepfather

Making a personal injury claim of any type is stressful enough. Making one after being raped by your stepfather can be even more stressful and that’s before you even consider how much the claim will cost. To lower the financial risk and stress involved in claiming, our panel of solicitors work on a No Win No Fee basis.

When you contact us, the solicitor will review the claim and ensure they’re happy there’s a chance of success. If so, they’ll prepare a Conditional Fee Agreement (CFA) for you to sign. The CFA is your No Win No Fee agreement and is the method used to fund your case.

When using a CFA, you’ll benefit because:

  • There’s no payment required upfront, which allows the process to commence straight away.
  • There are no solicitor’s fees payable throughout the process.
  • If the solicitor fails to win your case, you won’t need to pay any of their fees.

If the solicitor manages to win the claim, they’ll keep a small portion of the compensation award. This is used to cover their costs and time and is referred to as a success fee. Don’t worry too much though as success fees are legally capped and you’ll know right from the start how much you’ll pay as it will be detailed clearly within the CFA.

Please get in touch to see if you could claim using a No Win No Fee personal injury solicitor.

Contact Legal Helpline Today

We know that you’ll find it difficult to discuss claiming after being raped by your stepfather. That’s why you can get in touch in a number of ways. Remember that our advisors will treat your call with compassion, in confidence, and you won’t be under any pressure to make a claim. Here’s how to get in touch:

  • Use our live chat facility to discuss your case with a member of our online team.
  • Call a specialist advisor for free claims advice on 0333 000 0729.
  • Ask for a call back at a time that suits you by completing our online claims form.
  • Send details of your claim in an email to [email protected].

You can begin your claim at any time as our team is available 24-hours a day. When you reach out to us, the advisor will listen carefully to what’s happened and review your claim with you. They’ll supply you with free legal advice and let you know if you’ve got a favourable chance of success. If there is, they can connect you to one of our panel of personal injury lawyers who’ll handle your claim on a No Win No Fee basis if they are happy to take it on.

Guides And Victim Support Resources

At the start of this guide, we set out to explain when you could claim compensation after being raped by your stepfather. To further assist you, we’ve provided some additional information in this section including guides and some support services. Please contact us if there’s anything else you need to know.

Reporting Sexual Assault – Advice from the government on reporting sexual assault or rape.

Child Sexual Abuse  – Information from the NSPCC regarding what child sexual abuse is and how you can spot when it’s happening.

Victim Support – A charity who aim to support people affected by traumatic events and crimes.

Foster Parent Rape Claims – Advice on claiming compensation from the care system or a foster parent.

Claiming For Historical Abuse – Information on when you could be entitled to compensation for historical sexual abuse.

Claiming Without A Conviction – This guide looks at when you could claim compensation even if the criminal hasn’t been convicted.

Paedophile Sexual Abuse Claims – If you have been the victim of a paedophile find out how you can make a compensation claim in this article.

 

Guide by BE

Edited by REG