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Posted on 16 August 2024

A 30-Year Journey to Justice: 5-Figure Compensation for Childhood Sexual Abuse

Posted in Advice

Read time: 5 minutes

A woman was recently awarded a 5-figure compensation payout for childhood sexual abuse. The Criminal Injuries Compensation Authority (CICA) paid out on this claim, even though she reported the traumatic events to the police almost 30 years after they occurred.  

After approaching Winston Solicitors for advice, the survivor successfully claimed £16,500 from the CICA for childhood sexual abuse she suffered at the hands of a family member. This horrific abuse happened in her own home over a 3-year period.

No Time Limit on Reporting Childhood Sexual Abuse to the Authorities

Here in the UK, there is no statutory time limit for reporting historic abuse, including childhood sexual abuse. This legal principle acknowledges that the trauma and psychological impact of abuse can prevent survivors from coming forward immediately. Many individuals find it difficult to speak out about their experiences for years after childhood sexual abuse has occurred. The law recognises this reality, allowing survivors to report the crime whenever they are ready.

Abuse, particularly childhood sexual abuse, often leaves deep emotional and psychological scars. Survivors may suppress or struggle to process their experiences for many reasons, such as fear, shame, or a lack of support. The absence of a time limit is intended to ensure that survivors are not discouraged from seeking justice due to the passage of time.

Reporting Childhood Sexual Abuse After a Long Period of Time Has Passed

When historic childhood sexual abuse is reported to the police, regardless of how much time has passed, the authorities are obliged to investigate the allegations thoroughly. This includes gathering evidence, interviewing witnesses, and, where possible, bringing charges against the perpetrator. Even if a long period has elapsed since the abuse took place, the police will treat the case with the seriousness it deserves.

However, while there is no time limit for reporting, it is important to understand that prosecuting historic childhood sexual abuse cases can present certain challenges. Over time, evidence may be lost, memories may fade, and witnesses may no longer be available. These factors can make it more difficult to achieve a conviction in criminal court. However, the legal system is increasingly recognising the validity of delayed reports, particularly as more childhood sexual abuse survivors come forward with similar experiences. As with our client in this particular case.

Stacey Flegg, CICA Manager at Winston Solicitors represented our client in her claim. She stated:  

“It took years for our client, a survivor of abuse, to come forward and report the crimes to the police. The woman, who is now in her 30s, is still affected by her early childhood experiences. It is only right that she is compensated for her suffering.”

Information from the Police was Lacking

After initially reporting the abuse to the police, our client provided a statement via video interview, which led to the beginning of a formal investigation into the perpetrator. However, partway through the investigation, the officer in charge informed our client that the prosecution might struggle to secure a conviction due to the small age gap between her and her abuser. The police then gave her the option to drop the case at that stage. Unfortunately, the police did not inform her that dropping the case could jeopardise her claim with the CICA.  

In light of this oversight, Stacey Flegg says:  

“This was quite concerning to hear, as the police seemed to have no regard for the justice survivors of abuse so desperately seek. Advising our client to consider dropping her allegations as the chance of prosecution was small, seemed to be very insensitive and unsupportive to her as a victim”

Unsure as to how to proceed after this information, our client consulted with her representative at Winston Solicitors, who provided crucial advice. Stacey Flegg explained to her that the CICA can reject applications from anyone who does not fully cooperate in bringing their assailant to justice in childhood sexual abuse cases. This cooperation includes providing a statement to the police and following through with the case, even when the odds of a prosecution seem slim.

Getting Legal Advice was Pivotal in Securing a CICA Claim

Thankfully, our client was able to consult with Winston Solicitors before making any decisions on whether to drop her childhood sexual abuse case. Owing to the guidance and expertise of her solicitors, she was able to understand all the facts around CICA claims before making a decision. She was advised that it would be advisable to go ahead with the police investigation, if she wished to proceed with the childhood abuse claim through the CICA.  

Even though the police did continue with the investigation, the Crown Prosecution Service (CPS) decided that it couldn’t approve the charges. This was because it was felt that the case was unlikely to result in a conviction, and the case never made it to court,

Critical Legal Advice Still Resulted in Compensation for Childhood Sexual Abuse

Speaking on the advice given by the police, Stacey Flegg said;

“Had she instructed the police to drop the case at that stage on the advice of her officer, her claim for compensation may well have also been rejected in full by the CICA. There would have been no justice for her whatsoever.”

Due to the key advice from her legal representative, our client was still successful in achieving compensation for the childhood sexual abuse she suffered through the CICA. This is despite the case never making it to court.

Had our client not sought legal representation, it’s unlikely that she would have received any acknowledgement of the childhood sexual abuse she suffered.

Regarding the outcome of her case, our client said:

“Everything was perfect. My solicitors were brilliant from start to end very supportive and understanding of my case. Highly recommended!”

We were pleased that we were able to help our client achieve a 5-figure compensation payout. We pride ourselves on helping people who have suffered childhood sexual abuse and assault. Our experts have experience in successfully settling historical claims and claims made out of time. We are here to support you every step of the way.

If you have suffered abuse, whether child sexual abuse or abuse as an adult, you may be eligible for compensation. It doesn’t matter how long ago the abuse occurred, talk to one of our specialists today on 0113 320 5000.