Sexual assault claims
Sexual Assaults and “groping” are becoming more frequently reported to the police and more importantly, taken seriously as a crime of violence by the Authorities. For some time, such incidents were no more than lightly investigated and rarely prosecuted. However perhaps due to high profile cases such as Taylor Swift's claim against DJ David Mueller in 2017, these incidents are taken far more seriously.
I have been groped; how do I claim compensation?
To be able to claim compensation, the incident must be reported to the police as soon as reasonably practicable. Ideally, it is also helpful if there have been witnesses to the assault.
Examples of cases which led to prosecutions include a sexual assault waiting for a tram, getting on a bus, and in the workplace. Once the matter has been reported to the police (including British Transport Police) and the matter is investigated – It is usually necessary for the case to passed to the Crown Prosecution Service (CPS) to prosecute; where this happens, you should be able to claim.
How do I go about claiming for compensation for sexual groping?
You can call our expert criminal injuries compensation solicitor on 0113 320 5000 and they will be able to advise you whether there is likely to be sufficient evidence for your claim to succeed.
When would I NOT be able to claim compensation?
We are finding increasing numbers of cases where an award for groping is not being made where there is a lack of evidence to substantiate the allegation – This does not mean that there is a belief it didn’t happen, but usually that the assailant cannot be located, or there are no witnesses to the offence. This makes the burden of proving the allegations sufficiently to secure a prosecution is difficult. In these cases, it is likely that the CICA will not be satisfied that there is enough evidence to meet the threshold of their scheme and therefore this would not warrant an award of compensation.
How much can I claim for being “Groped” or Sexually Assaulted?
These sexual offences are at the more minor end of the CICA compensation scale, so will usually be awarded between £1,000 and £3,300 depending upon whether the groping occurred over clothing or beneath clothing. Our criminal injuries compensation calculator offers a guide as to how much you could claim.
How long will it take for me to receive compensation?
CICA cases do vary enormously in timescale, from as little as 2 months, to many years. The CICA say on average a case will take 1 year. In our experience there is no such thing as an average sexual assault claim. They are very personal, and the circumstances are so very individual. Our experienced criminal injuries team will give you indication of how long your case will take.
Do I need to wait for the Court Case?
You do not, and unfortunately there are far too many victims who wait and their case is delayed. By the time they decide to make a claim, the CICA tell them they are out of time. This is because they have to bring their claim within 2 years of the assault happening. Our advice is don't delay. Once you are aware the CPS are prosecuting you should commence your claim.
For a free no obligation chat about your claim call 0113 320 5000 or email cica@winstonsolicitors.co.uk. Alternatively complete our criminal injuries compensation online application form and we will be in touch.
Yes, groping amounts to sexual assault and is also considered to be a crime of violence under the CICA scheme. Any unwanted, non consensual touching can amount to an assault.
Yes. So long as you have required medical treatment for the same. The CICA would require you to have a diagnosis from a psychiatrist or clinical psychologist; if you don't have this yet but are receiving counselling or therapy, please call our specialist Criminal Injury Lawyers on 0113 320 5000 who will be able to advise you further. You can also use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.
When asked by the police if you wish to press charges against your assailant, you must agree to do so to be able to claim compensation for your injuries. The CICA expect all applicants to act as far as reasonably practicable in bringing their assailant to justice, and therefore any reluctance to assist the police in securing a prosecution, may see your claim rejected by the CICA.
You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.
Absolutely not. We do not share your information with anyone else without your prior consent. As your compensation is paid by government funds, there is no reason why the assailant would be aware of your claim for compensation.
This will depend on the circumstances of your injury; however, as a general rule; you have 2 years from the date of the incident to submit an application*. If you are under the age of 18 (or were under the age of 18) when the matter was reported to the police, then you have 2 years from the date of your 18th Birthday. If the criminal injury occurred whilst you were under the age of 18, but the matter was reported to the police as an adult, you have two years from the date the matter was reported to the police.
*There are exceptional circumstances where these time limits can be waived.
The CICA offer awards between £1000 and £250,000 for injuries sustained as a result of a crime of violence. There is also an opportunity to claim up to an additional £250,000 in Loss of Earnings and Special Expenses, funeral expenses and Child Dependency payments. Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.