How much compensation does a rape victim get?
Lawyer, Elizabeth Duncan, is frequently asked, ‘How much compensation does a rape victim get?’ The simple answer is that there is no fixed sum and the amount of compensation awarded will depend on a number of factors that will vary from case to case. So what are those factors?
Physical injuries
First, consideration will be given to injuries of a physical nature. This would include the after effects of trauma such as bruising, cuts, tears and swelling. It also encompasses infections and sexually transmitted diseases. The severity and extent of these injuries are assessed, with the higher compensation awards being made to those with the more severe injuries.
Psychological injuries
The psychological consequences of a rape can often be more serious and long lasting than the physical injuries. Indeed it is common to hear rape victims say that they have never fully recovered from their ordeal. When considering how much compensation a rape victim gets it is usually necessary to seek the expert opinion of a psychologist or psychiatrist. The medical expert will consider whether a psychiatric injury has been sustained, such as post-traumatic stress disorder. PTSD can involve a range of symptoms including flashbacks, mood swings and depression.
The psychological impact of rape can have far reaching consequences for the victim. It can make them withdrawn in social situations, impact on their ability to form and sustain relationships and lead to a range of anxiety and other disorders arising.
Specialist counselling and therapies are now widely available and compensation can be claimed so that these services can be privately funded as they are not always accessible under the NHS.
As with physical injuries, the amount of compensation that the rape victim gets is dependant upon:
- The severity of the symptoms and
- How long those symptoms are expected to last
Loss of earnings
A claim can be made for any loss of earnings incurred. And if the victim feels unable to return to their employment – which is common where the assault took place at work – then a claim can be made for the costs of retraining and any future loss of earnings going forward.
Other financial losses
When considering, ‘How much compensation does a rape victim get?’ we need to look at any financial expenditure that the victim has incurred. Any expenses associated with the case can be recovered. This includes medication, private medical treatment and travelling costs. The value of any care provided to the victim can also be claimed, even if it was provided gratuitously.
Compensation awarded in a civil case compared to CICA awards
The CICA scheme operates on a tariff system and is subject to a cap on the maximum amount of compensation that can be awarded to an individual. These factors can impact on the final award. A civil claim by contrast is not restricted in this way and the amount of compensation that can be awarded is unlimited.
Free confidential helpline
We hope you will understand why we can’t provide a standard figure when we are asked, ‘How much compensation does a rape victim get?’ Although you will see so-called ‘injury calculators’ on the internet, these can never give an accurate estimate of the compensation available.
In order to get a proper idea of what a case is worth the specific facts need to be assessed by a specialist lawyer. We will be happy to review your case, assess the individual circumstances and give you a rough idea of what your particular compensation claim could be worth. Just call us on 0808 139 1597 in total confidence or send an email to info@sleeblackwell.co.uk
