01482 778 463
Client Focussed
No Win No Fee
Specialist Legal Teams
Hudgell Solicitors™ | Latest News | New CICA guidelines will ensure child sexual abuse victims get the compensation and justice they deserve

New CICA guidelines will ensure child sexual abuse victims get the compensation and justice they deserve

Sad teenage girl | CICA refuses to give child sexual abuse victims compensation


Any child or young person who’s been subjected to sexual abuse has been through a traumatic and life-changing ordeal.

Despite it being a criminal offence to engage in sexual activity with anyone under the age of 16, victims had been left to feel demoralized and vulnerable after being denied compensation for their suffering by the Criminal Injuries Compensation Authority (CICA), on grounds that they “consented” to their abuse.

Thankfully, this will now end after fresh guidelines were issued by CICA that will alter how its staff interpret the guidelines surrounding the impact of grooming. This will ensure that child victims of sexual abuse are not denied the compensation and justice they deserve.

This welcome move from CICA comes on the back of a campaign by a coalition of five charities – Barnardo’s, Victim Support, Liberty, Rape Crisis and the National Working Group – who alleged that children as young as 12 were denied compensation even when their attackers had been convicted and jailed.

They rightly argued that consent through fear or a lack of understanding should not be considered as consent because the sexual abuse suffered was a result of grooming and manipulation.

CICA, which pays out more than £140m a year in compensation to victims of violent crime, has made the decision after launching an internal review of its procedures back in July.

Under the new guidelines, a claim will still be considered on its individual merits but the new enhanced guidance advises that assessors must check for possible indicators of grooming and child sexual exploitation.

In complex cases, where a victim of sexual abuse is young or vulnerable, the file will automatically be referred to CICA’s lawyers before a final decision is made. The authority hopes the new measures will ensure that no victim is wrongly refused compensation in future.

The only instance where compensation will not be granted under the scheme is when it is clear that a child has engaged in sexual activity of their own genuine free will – and it is found that no crime of violence has occurred.

As a specialist solicitor who regularly deals with the devastating impact that sexual abuse has, I am delighted that CICA has listened to these children’s charities, and the opinions of people like myself, who have been calling for their guidance to be as clear and robust as possible.

This will now mean that more victims of sexual abuse gain access to monetary payments which are often vital when trying to secure the aftercare and support they so desperately require.

In my opinion, it was a little nonsensical to suggest that consent was given simply because of the absence of physical force. Even if a child appears to have expressed consent, it should never be assumed that this has been given – because they may have been coerced or groomed into making this decision.

The whole purpose of the CICA scheme, which we are very lucky to have in this country, is to compensate victims of violent crimes. Quite clearly, anyone who is a victim of grooming is also a victim of a violent crime and they should be able to claim under the scheme – and seek the justice they deserve – like everyone else.

Related News:

The Guardian 

No Comments

Leave a Reply

*Required

The Author

author image

Nicola Bailey-Gibbs

Solicitor and Manager, Criminal Injuries

nbg@hudgellsolicitors.co.uk

Request a callback

Request A Callback

I am an existing client.










Or call us FREE on:

01482 778 463


trust pilottrustpilot startrustpilot startrustpilot startrustpilot startrustpilot star

The data you submit will only be used by Hudgell Solicitors and only for the purpose of dealing with your enquiry.
See full privacy policy.

Looking to see if you're eligible?

Get in touch for free legal advice

0808 159 7699

Call today to speak to an expert

OR
Start your claim

What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Friendly professional service.

"Excellent service all way through."

Sakina begum

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Thrilled

"After not knowing what to do, hudgell have helped me thoroughly through the process and… "

Adam Shutt

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

helpful informative efficient and…

"helpful informative efficient and friendly these are all the qualities I found with the firm… "

Sharon Coultas

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

it took a long time but i definitely…

"it took a long time but i definitely got the result i wanted and deserved… "

Jan Mack

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very good efficient service

"Very good efficient service"

Amelia Jacobs

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service throughout my case

"Excellent service throughout my case Handled with ease and quickly"

Wayne Carter

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service in difficult…

"Excellent service in difficult circumstances Secured my compensation and won my case when other solicitors… "

Michael

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Fantastic team & Sarah :)

"Fantastic team and Sarah my Solicitor! Sarah has Handled everything for me, right up until… "

Sibel Sibel

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Third time lucky thanks to Hudgell!

"I had breast augmentation surgery three years ago for a complex assymetry case. I was… "

Bethanie Hawkins

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great customer service

"Great customer service Tasmin was very helpful Updated me on a regular basis Thanks for… "

Mr D Scannell

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Caroline was great in handling my case

"Caroline was great in handling my case, very informative and always kept me up to… "

Mr Richard Brook

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Dispute with EasyJet

"Although Hudgell offices were not local to us, there was no need for concern, as… "

Glyn

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Always on the ball

"Always on the ball! Great at what they do, very professional and fast with a… "

CHRISTOPHER CURTIS

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service. Very happy with result. Thank you."

Miss Erika Panakova

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Was an easy process and the caseworker…

"Was an easy process and the caseworker was very informative and very knowledgeable on my… "

Rachel Fee

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Lovely business to deal with

"Lovely business to deal with. Would recommend to anyone."

Mrs Kelly Byrnes

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great communication

"Great communication! My solicitor was lovely to deal with, open and listened to me."

Sue Ockendon

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very happy with how they managed my…

"Very happy with how they managed my claim. I would recommend them."

Mr Steve Roberts

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very helpful and truly understanding in…

"Very helpful and truly understanding in a very sensitive case would highly recommend to anyone"

Miss Sarah Morris

Rated 9.4 out of 10 based on 465 reviews

Powered by Trustpilot

Our offices

London

55 Fleet Street
EC4Y 1JU

VIEW DETAILS

Hull

No 2 @ The Dock
46 Humber Street
HU1 1TU

VIEW DETAILS

Leeds

10 Park Place
Leeds
LS1 2RU

VIEW DETAILS

Manchester

1 St Peter’s Square
Third Floor
Manchester
M2 3AE

 

VIEW DETAILS

© 2018 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90