Margot Harvey, Senior Legal Analyst
Margot, formerly our Head UK Legal Analyst, is now studying for the Master of Laws (LLM) Solicitor’s Practice Programme at City University of London, aiming to qualify as a solicitor in England & Wales later this year. She focuses on employment, higher education and sexual abuse cases in the UK team.
What legal action is available after a sexual assault or rape?
If you have experienced a sexual assault or rape, there are several legal options available to you. You may want to pursue a civil case or a criminal case, or both.
What is the difference between a civil case and a criminal case?
To bring a criminal case, the first step is to contact the police. The police will investigate and gather evidence, for example, by interviewing you and the perpetrator. If the police have sufficient evidence, they may pass the case onto the Crown Prosecution Service (CPS). The CPS will decide whether or not to prosecute the case and proceed to trial on behalf of the state. You may be required to act as a witness for the prosecution. If the perpetrator is found guilty, they will be sentenced, for example, they may be required to go to prison or to complete community service.
You can also claim compensation through the Criminal Injuries Compensation Authority (CICA). CICA is a government funded scheme which provides compensation to people who have suffered abuse. Awards under this scheme range from £1,000 to £500,000. This may be a good option if you wish to pursue a perpetrator who cannot afford to compensate you.
A civil case is a claim for compensation brought by a claimant against the perpetrator or against institutions who employed them. The latter is only possible if the individual who perpetrated the abuse did so in the course of their employment. A civil case can be brought as well as or instead of a criminal case. The first step is to speak to a legal professional about your case, who can explain the process to you.
There are many reasons why someone may want to pursue a civil claim in relation to sexual abuse they have experienced.
You can seek compensation from the perpetrator
One important reason why survivors bring civil claims is for compensation. There are usually substantial social, psychological and economic costs to suffering sexual abuse. The purpose of a civil claim is to compensate you for the losses you have suffered or will suffer in the future. For example, you may have spent money on medical care or therapy, experienced disruption to your education or your social life and missed work or lost opportunities to advance your career. A civil claim aims to place you in the position you would have been in if the sexual abuse had not happened, as far as is possible in monetary terms.
For some survivors, it is important that the perpetrator pays for the harm they have caused, both literally and figuratively. This may not always be possible, for example, if the perpetrator cannot afford to compensate you.
A civil claim may also provide the opportunity to seek non-economic remedies, for example, a formal apology or training to prevent future harm. There is no telling whether perpetrators or their employers will be open to your requests, but civil claims may allow for broader forms of justice than compensation alone.
You can pursue a civil claim instead of a criminal case
The UK criminal justice system maintains a well-documented justice gap for sexual complaints, with just 2.6% of rapes reported to the police resulting in a suspect being charged with a criminal offence. Most survivors do not report what happened to them to the police at all.
Civil claims can proceed without a criminal conviction. Generally, it is easier to bring a civil claim if your abuser has been convicted, because the police will already have records and evidence documenting the abuse, but each case is unique. In some cases, a civil claim may provide an alternative means to recognise a wrong and redress harm where the criminal justice system has not done so.
The law applies slightly differently to civil and criminal rapes for sexual abuse. One key difference is that the standard of proof for civil cases is the balance of probabilities, which is lower than the criminal standard.
You can take an active role in the process
In a criminal case, the police or the CPS will decide whether or not to prosecute the case on behalf of the state, and may require you to give evidence as a witness. In a civil case, the claimant sits at the centre of the process and with legal support, plays an active role in putting their case forward. This can be very empowering. Some survivors find that bringing a civil claim provides a sense of justice and contributes to their healing.
McAllister Olivarius works solely on civil sexual abuse claims, i.e., claims for compensation. We do not deal with criminal matters or CICA claims. If you have faced sexual abuse, contact our trauma-informed team of experts now for a free and confidential initial consultation. We are ready to listen whenever you are ready to share.
