The Law
Some relevant issues arising out of the law relating to sex abuse claims
Please bear in mind that every case will be different. What follows are some typical answers to questions which might arise in your case, but you must understand that it will be necessary to speak to a solicitor to work out whether or not you might have a good case.
Who will be sued?
The claim might be brought against the abuser. In other cases, the claim might be brought against a person or organisation that was responsible for the abuser or for your safety. This might be a school, church, social services department, youth group, the scouts, sports club or even your parents. You would be able to choose who was sued.
What do I need to prove to win my case?
The first thing you will need to prove is that you were abused. Don't worry if you do not have any witnesses. This is normal in these type of cases.
If you are suing someone other than the actual abuser, you will also need to prove that the person or organisation you sue was meant to be looking after you, or that they were responsible for the abuser such as by employing him or her. You may also need to prove that the person you are suing should have stopped you being abused, e.g. by showing that they knew that the abuser was a danger to children or that you were at risk.
Is there a time limit for bringing a claim?
Yes there is and this can sometimes be a difficult obstacle to overcome. The time limits are different depending on whether you are suing the abuser or someone you say was responsible for the abuser or your safety. Sometimes the time limits will mean that it may not be possible to sue the abuser, but will be possible to sue someone you say was responsible for the abuser or your safety. Sometimes it will be the other way around!
There are some key time limits depending on your age at the time of abuse. If your 21st or 24th birthday is close you must seek legal advice immediately.
If you are older than 24 (as lots of clients will be), in appropriate cases, the court can allow cases to proceed out of time. This is true even if the abuse happened many years ago. Whether or not the claim can still proceed is something that we will consider with you, but again prompt advice should be obtained.
You will find some useful information in this document.
How much compensation will I get if my claim is successful?
In successful claims, the amount of compensation paid out will depend partly on how badly you have been abused, but mostly on how the abuse has affected you. This will be different in every case, so two people who have been similarly abused by the same person will very often receive different awards. Compensation in these cases has varied from a few thousand pounds to several hundred thousand pounds.
What sort of losses can I claim for?
If your claim succeeds, you will receive money to try to compensate you for the abuse you suffered and its effect on your mental state. You will also receive money to compensate you for whatever you have actually lost or will lose because of the abuse. This might include such matters as the cost of any treatment, care provided to you or lost earnings (perhaps because you have had time off work or maybe you missed out on a promotion or your education suffered preventing you from fulfilling your potential).
Can you help me with a claim to the Criminal Injuries Compensation Authority?
That is one of the matters we will consider with you.
If I have already received money from the Criminal Injuries Compensation Authority, will I have to pay it back?
You will probably have agreed to pay back your award to the Criminal Injuries Compensation Authority if you make a successful civil claim. Usually the damages in a civil case will be higher than the amount awarded by the Criminal Injuries Compensation Authority, so a claim should still be worthwhile.
How will my claim be funded?
We deal with the majority of claims by a 'no win, no fee' arrangement and we will explain the cost implications of bringing a claim.
Will I have to go to court?
Most cases we deal with settle without a trial. Defendants do not want to fight cases that they will lose. Ultimately, whether or not your case settles will depend on whether or not a suitable amount of compensation can be agreed with the defendant. If it cannot be agreed, the case would have to go to court to be decided by a judge.
Will the abuser go to prison?
We can help you with a civil compensation claim only. The police and Crown Prosecution Service are responsible for bringing offenders before the criminal courts for punishment. We do not deal with such cases.
How long will the case take?
This depends on how straightforward it is. Some cases can be resolved within a few months, others take longer.
Will everyone know who I am and what has happened to me?
It is usually possible to bring a claim with as much or as little publicity as you wish. We can apply to the court for an anonymity order so that your identity would be secret if this is of concern to you. There is no reason why your employers or family and friends should find out about your past if you do not want them to, but we can advise you on this in relation to your specific case.