Eu-Fern Lai, Trainee Solicitor
Fern works across a range of matters, including family, employment, higher education, civil claims for rape and sexual assault, and historical child sexual abuse.
Compensation or ‘damages’ in a civil claim for sexual assault or rape typically comprise of general, special, and aggravated damages.
When calculating expected compensation or damages for sexual assault or rape, it is important to remember that such compensation is not likely achieved without concrete evidence. The type of evidence required will vary on a case-by-case basis, but we lay out some common ways of doing so below.
Evidencing general, special, and aggravated damages
1. General damages
General damages are typically evidenced by a medical report produced by an independent medical expert. This would entail the Claimant attending an assessment by the expert, who would conduct an in-depth interview to assess the extent of symptoms suffered as a result of the sexual assault/rape. General damages can also be evidenced in part by contemporaneous clinical notes if the Claimant has attended therapy or counselling, and the Claimant or their friends and family may provide supporting statements to further elaborate on the impact of the sexual assault/rape.
2. Special damages
Special damages can be evidenced by receipts or invoices where medical attention, therapy, or counselling are sought. Past loss of earnings on the other hand can be evidenced through payslips showing reduced income; whereas future losses can be proved with evidence of likely earnings and career progression that one would typically expect to receive with their experiences and qualifications, had the sexual assault or rape not occurred.
3. Aggravated damages
Aggravated damages will likely be evidenced in cases of serious sexual assault and rape where distress to the Claimant is exacerbated by the circumstances of the injury or the conduct of the wrongdoer. It is often proved where the wrongdoer’s conduct was committed in connection with an abuse of power, for example where the wrongdoer was the employer or teacher of the victim in question; or where there was a failure to investigate on the part of the authority responsible for the wrongdoer’s actions.
Every case is unique, and the evidence required will always vary depending on the specific facts of the case. To ensure that your best interests are protected, it is always best to seek legal advice as soon as possible. Here at McAllister Olivarius, our trauma-informed solicitors will always provide you with comprehensive information and guide you every step of the way in your pursuit of justice.