Sexual and physical abuse compensation claims require specialist expertise. Victims are often extremely vulnerable, having spent many years silently suffering, too afraid or ashamed to speak about what happened to them.
At Faradays Solicitors, our personal injury team are trained to advise, represent, and support adult and child victims of past or present sexual and/or physical abuse. You may feel like you are the only person who has suffered at the hands of an abuser, but this is not the case. We have assisted many people to claim compensation for historical and current sexual and physical abuse. Claiming compensation does not only help victims feel a sense of justice for the suffering they experienced but can also help fund the therapy needed to move forward to a positive future.
Our solicitors will work with you at a pace you feel comfortable, never pushing you to talk when you do not feel comfortable. We place enormous importance on ensuring you feel supported and will assist you with obtaining any professional help you need to move forward with your life.
What is sexual abuse?
It is not unusual for victims to have doubts regarding whether or not they actually suffered from sexual abuse. Abusers are normally expert manipulators who work to shatter the confidence of their victim (who is often very young), so they lose the ability to trust themselves.
Sexual abuse is unwanted sexual activity, with the perpetrators using force, making threats or taking advantage of victims who are unable, due to age or disability, to give consent. If the abuse took place when you were under 16 years of age, you could not have provided legal consent. This is the case whether you are a man or a woman.
What is physical abuse?
Physical abuse occurs when a victim is deliberately hurt and/or injured. It includes pushing, shoving, hitting, burning, biting, poisoning, slapping, and throwing objects at the person. Under section 58 of the Children Act 2004, a parent has a defence if they smack a child as a form of ‘reasonable punishment’. What amounts to ‘reasonable punishment’ will depend on the circumstances and the age of the child. There will be no defence available if the punishment causes wounding, actual bodily harm, grievous bodily harm, or amounts to child cruelty.
It is illegal for teachers, nursery workers, or childcare workers to smack a child.
Can sexual and physical abuse cause long-term damage?
The long-term damage caused by sexual and physical abuse is well-documented. Victims can suffer from depression, anxiety, post-traumatic stress disorder (PTSD), suicidal thoughts, substance abuse, self-harming, inability to form close relationships, and other mental health problems.
If my child has been sexually or physically abused, will they have to come to the law firm?
If possible, we will visit a child who has been a victim of abuse in their own home, so they feel safe, and their parents can be present.
Will I need to go over details of my abuse at the first meeting with a solicitor?
No one would expect you to talk about intimate details of your life with a total stranger. During your first meeting, one of our solicitors will explain the compensation process to you. We can discover almost all the information we need to make a claim from police and medical reports; you will not be required to resurrect painful, distressing memories.
What if my abuse happened many years ago, can I still make a compensation claim?
The Limitation Act 1980 states that a compensation claim for personal injury must be made within three years from the date of the abuse, or if the abuse happened when you were a child, three years after you turned 18 years old. However, the court does have the discretion to allow a claim that would normally be time-barred.
There are many reasons why a victim of sexual or physical abuse may delay many years before bringing a claim. You may have been threatened or have felt too ashamed to tell anyone about what happened to you. In the past, many victims of sexual and physical abuse which occurred in institutions were sadly not believed, a factor which has made many victims nervous about coming forward.
When deciding whether an out-of-time claim can be brought, the court will consider:
- the length of the delay;
- the reasons for the delay;
- and whether it is still possible to have a fair trial.
Regardless of when your abuse occurred it is imperative you come and see us regarding making a claim for compensation. We can quickly assess your situation and make an application to the court to ask it to exercise its discretion and allow your case to proceed.
Will I have to go to court?
Most personal injury claims are settled prior to the court date. We understand how distressing the thought of attending court can be and work diligently to achieve the best possible settlement for you through negotiation or other alternative dispute resolution methods. However, if going to court proves inevitable, we will provide you with robust support throughout the trial.
Can I enter into a ‘no win, no fee’ arrangement?
If we take on your case, you will be able to enter into a Conditional Fee Arrangement, commonly known as ‘no win, no fee’. This means that if your compensation claim is unsuccessful, you will not be required to pay any legal fees, however, you may be required to pay any expenses relating to your case (known as disbursements). We can arrange for After The Event (ATE) insurance to protect you from this and any adverse costs orders the court may make against you.
To find out more about making a claim for sexual or physical abuse, please phone our office on 0207 281 1001. You can also email us at enquiries@faradayssolicitors.co.uk.