Criminal Injury

Woman raped by brother as a child awarded damages after police conclude he is too ill to be prosecuted

CICA award
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Tracy Thames

Senior Litigation Executive

6 min read time

A woman who was raped by her older brother from the age of 12 has spoken about how she finally found the courage to report it to the police.

The woman, now a mother and in her 50s, says she was raped multiple times between the ages of 12 and 15 by her older sibling and finally “broke free from the guilt” having spent years visiting him as he served a life sentence for other unrelated crimes.

Before he died their father, from who she had kept the abuse secret, had asked her to promise to keep up the visits to her brother on his behalf “and make sure he had presents for birthdays, Christmas and Easter.”

But after she finally sought help for her mental health and then reported the abuse to police, she decided to end the visits as it led her to being “re-traumatised over and over again”.

Police officers who reviewed the woman’s case and consulted her brother’s health worker concluded he was “not fit for interview and would not be fit to stand trial” due to his ill health.

‘I have been listened to and been believed’

However, despite the decision not to prosecute, the evidence the woman provided to the police meant she was awarded damages for the trauma she suffered by The Criminal Injuries Compensation Authority (CICA).

“I have been listened to and I have been believed. It has helped me finally break free of the guilt that he placed me under.

“I’d been living a lie to myself and everyone else, pretending it had not happened. I had just been existing, and it has been a very heavy burden to bear,” she said.

When she found the visits to her brother increasingly difficult, she sought support and began to see a psychiatrist and was diagnosed with complex post-traumatic stress disorder (PTSD).

“Every time when I visited my brother I was petrified, I felt like I had been silenced,” she said. But in 2021, in an effort to move forward with her life, she found the courage to report the abuse.

“I broke down, I realised I was not superhuman and I needed help. Getting support was just the beginning. I had been covering up something that was not my fault, and I didn’t have to be ashamed anymore,” she recalled.

The woman also contacted Hudgell Solicitors for advice on pursuing a CICA claim for damages.

The CICA scheme doesn’t require anyone to be convicted of a crime for a victim to be awarded damages, but the crime must be reported to the police, the victim must fully cooperates with any investigation and must also be prepared to press charges.

The CICA are then able to make an award on the balance of probabilities based on the police report and the victim’s cooperation.

‘The strength and courage she’s shown have been amazing’

Tracy Thames, litigation executive in Criminal Injuries at Hudgell Solicitors, who represented the woman submitted her CICA claim later in 2021.  A decision was received six months later and the woman was awarded £22,000 in damages.

“My client has suffered a great deal throughout the course of her life for this terrible abuse in childhood. It may have happened 40 years ago, but it has left her with debilitating mental trauma.

“The strength and courage she’s shown have been amazing and she is now striving to show others that it’s never too late to report such abuse to the police and speak out.

“It has been a pleasure to represent her, to hear her story, believe in her and fight for the justice she deserves.”

The woman says the process of making a CICA claim has been a positive one: “I was recognised as a victim and it was swift decision. It has also given me the courage to deal with other things that should not be left in the closet and the process has given me some control back. I have been listened to and that’s so important,” she said.

Ms Thames said it was important that victims of historical abuse understood that even though the crimes may have happened decades ago they could still make a claim for the physical and emotional effects it had on their lives.

“Regardless of how many years later it is reported to the police, once that has been done a person has two years to make a CICA claim. Finding the courage and confidence to speak out is far from easy but our aim to provide help and support to people and secure compensation for the suffering they have endured, which can help rebuild their lives.”

‘It can take a lifetime to speak out and it takes courage’

The woman says she hopes that by revealing her experiences, others will be encouraged to come forward and report abuse they too have suffered.

“I now have to live my life as best I can. For so long he took it from me and I just existed. His abuse had a domino effect, and the consequences were huge,” she said.

“But I’ve walked in your shoes. I truly understand the pain and emotion. It can take a lifetime to speak out and it takes courage but being brave does help with the recovery. I have learnt that you don’t have to live a lie. I now feel better in myself, especially knowing that I’m believed.”

Making a Criminal Injuries Claim

If you or a member of your family has come to harm as a result of a crime, you have a right to seek compensation for those injuries. We put your interests first, ensuring the most appropriate and effective legal specialists are handling your claim.

The first step is to get in touch using our online claim form. From here, one of our expert criminal injury lawyers will contact you for a confidential discussion of your circumstances, guiding you on the best path forward.

Read more: Criminal Injuries Compensation Claims

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