Historic abuse reported to the police more than 30 years after the event – woman receives compensation award of £22,000

Mrs S was sexually abused by a family member when she was a young child. The abuse went on for years, but she felt unable to speak out (as is the case in many abuse cases like this).  Mrs S finally took the first step and reported it to the police when she was in her late 40s, decades after the abuse happened.

Her assailant, a family member, had scared her into keeping the abuse secret for many years. When she did tell other family members about it just before going to the police, some refused to believe her. 

Long term consequences. 

Mrs S suffered significantly with her mental health into adulthood, including periods of post-natal depression after each of her children were born. She was also diagnosed with Schizophrenia. It was a huge step to finally disclose the abuse to her family and an even bigger step to make the initial contact with the police. 

Police Investigation

The police investigation took a very long time with officers working with the CPS (Crown Prosecution Service) to secure charges. Her assailant faced multiple charges of sexual assault and rape. The case was listed for trial but with a date set for another year after the date the charges were brought, namely 2025.

It is essential that a crime is reported to the police to be able to make a criminal injuries claim. There is also a requirement in the scheme to fully cooperate with the police in bringing the assailant to justice. 

Claiming Compensation

Mrs S instructed Winston Solicitors to make a claim with the CICA (Criminal Injuries Compensation Authority) for her. 
Winston Solicitors obtained extensive medical evidence to support a claim in relation to her mental health resulting from the childhood trauma. 

Despite the lengthy police investigation Winston Solicitors were recently able to secure an award of compensation for her without having to wait until after the trial. 

Mrs S is now able to focus on the forthcoming trial at court, expected to take place next year. 

Do not wait to make a CICA claim

Winston Solicitors frequently receive calls from people saying they thought they had to wait until after the trial to make a claim to the CICA (Criminal Injuries Compensation Authority). The scheme states that applications should be made as soon as reasonably practicable, at most by no later than 2 years. 

There is some confusion over when the 2-year time period starts. Does it start from the date of the crime? What if the crime is happening over a period of time? 

The CICA expect a claim for a crime which happens to an adult to be made as soon as possible after the event, and at most within 2 years of the event. 

If that same crime happens to a child, the 2 year time period starts from their 18th birthday. So, you have until the day before your 20th birthday to make a claim. 

The difference with historic abuse is that this is often a crime which is experienced by a child, but not reported to the police until they are an adult. In this case the claim needs to be made to the CICA as soon as reasonably practicable and within 2 years of reporting the crime to the police. 

The CICA will consider applications submitted after their 2-year time limit only if there are exceptional circumstances that would have prevented you from claiming sooner. 

If you have suffered abuse, whether physical or sexual abuse and you are unsure whether you could make a claim, contact the CICA team at Winston Solicitors to speak to a specialist on 0330 300 5000 or email @email.

All crimes must have been reported to the police to be eligible for compensation.