A woman has been awarded compensation for childhood sexual abuse, despite reporting it to the police almost 30 years after it happened.
The abuse took place at a very young age and the offender responsible lived as a member of the same household.
Winston Solicitors are experts in securing compensation for survivors of historical abuse and successfully claimed an award of £16,500.00 from the Criminal Injuries Compensation Authority (CICA) for our client who suffered a period of sexual abuse, in her own home over a period of 3 years.
There is no time limit for reporting historic sexual abuse to the police.
Stacey Flegg, CICA Manager of Winston Solicitors, states:
“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.”
After making an initial report to the police, our client provided a statement by video interview and the police began their investigations into the perpetrator. Part way through the investigation the officer in charge of the case told our client that the prosecution may struggle to find in her favour due to the small age gap between her and the assailant.
The police gave her the option of dropping the case at that stage.
The police did not tell her dropping the case would jeopardise her claim with the Criminal Injuries Compensation Authority
Our client discussed the police proposal with her representative at Winston Solicitors. Stacey Flegg advised that the CICA can reject applications from anyone who does not fully cooperate in bringing their assailant to justice. This includes providing a statement to the police and following through with a case.
Getting legal advice really makes a difference
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 that she considers dropping her allegations as the chances of prosecution was small, seemed to be very insensitive and unsupportive to her as a victim”
Luckily for her, our Client had the guidance and expertise of her solicitors who advised her she should, if she wished to, instruct the police to proceed with their investigations.
The police therefore continued with the investigation. Regrettably, in the end, the Crown Prosecution Service (CPS) did then decide they could not approve the charges as it was unlikely her case would result in a conviction. Unfortunately, therefore with no prosecution; the case never made it to court.
“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.”
Compensation was still awarded without a court case
Regardless of her case not making it to court, thanks to the advice and expertise of her representative, our client was still successful in achieving an award of compensation through the CICA.
It is possible to receive an award of compensation if a case does not go to court. The level of evidence and the burden of proof needed for a criminal injuries’ compensation claim is different to that required for a guilty verdict in court.
By seeking representation from Winston Solicitors, this lady was successful with her case and finally she received recognition for the abuse she suffered as a child.
Regarding the outcome of her case, our client says:
“Everything was perfect. My solicitors were brilliant from start to end very supportive and understanding of my case highly recommended”.
We pride ourselves on helping people who have suffered abuse and sexual 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 as a child or an adult, whether recently or in the past. You may be eligible for compensation. Talk to one of our specialists today on 0113 320 5000.