Survivors of domestic abuse, and domestic violence are changing the conversion, no longer victims but survivors.
The understanding of domestic abuse and violence has changed as knowledge of the experiences of survivors has improved.
The government definition of domestic violence and abuse is “Any incident or pattern of incidents of controlling, or coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners of family members regardless of gender or sexuality. This can encompass, but is not limited to …. Psychological, physical, sexual, financial and emotional [abuse]” This is taken from the Domestic Abuse Act 2021.
See Information for Local Areas on the change to the Definition of Domestic Violence and Abuse
The emotional impact on survivors of psychological abuse and coercive control is recognised as traumatic in the same way as direct physical violence. The law now allows for assailants to be prosecuted for these forms of abuse.
A part of the healing process for many can be the acknowledgement and recognition that a compensation claim can bring. In some cases for domestic violence and domestic abuse it is possible to make claims for compensation through the Criminal Injuries Compensation Scheme. See our Criminal Injuries Compensation Scheme calculator to see what you could claim.
Winston Solicitors have specialist who deal with Criminal Injury Compensation Authority claims. The criteria of the scheme restrict what claims can be made. The compensation scheme is limited to crimes of violence. This means claims can be made for physical violence, sexual abuse or violence or the mental health impact of direct threats to life.
Unfortunately the restrictions of the compensation scheme mean that it is not possible to claim for psychological abuse, financial abuse, emotional abuse or coercive control. In addition it is not possible to claim for harassment or stalking.
Claims for compensation through the criminal injuries compensation can only be made if the domestic abuse has been reported to the police. In addition there is a requirement with the scheme for the applicant to fully cooperate with the police and courts in bringing the offender to justice. This can often affect survivors of domestic abuse and domestic violence as the group most likely to hold off making police reports, or attending court.
Claims for adults who have suffered physical injuries as a result of domestic violence can be awarded up to £8200 by the Criminal Injuries Compensation Authority for the period of abuse, or more if there are individual serious injuries or sexual violence.
Support services for survivors of domestic abuse and domestic violence are available: