What compensation can I expect to receive from a civil claim for sexual assault/rape?

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.

Those in the UK who are considering pursuing a civil claim can sometimes be dismayed to learn of the awards they can expect to receive. US awards, the largest of can reach tens or hundreds of millions of dollars and are often covered by the UK media, are a poor guide to the civil justice system in England and Wales. So, what compensation can one expect to receive as part of such a claim?

While the exact amount of compensation will vary on a case-by-case basis and is impossible to determine without proper assessment by a solicitor, the quantification of compensation will always follow pre-established, common law ‘heads of claim’ or ‘damages’.

Damages in a civil claim for sexual assault or rape

Compensation for sexual assault/rape will likely comprise three types of ‘damages’: (1) general damages; (2) special damages; and (3) aggravated damages.

1. General damages

The Judicial College Guidelines (JCG) set out varying brackets of general damages, which award compensation for the pain, suffering, and loss of amenity caused by the sexual assault/rape. The value of general damages will therefore depend on (i) the symptoms you may be suffering as a result of the incident, including physical and psychological/psychiatric symptoms; and (ii) the extent to which these symptoms have affected your day-to-day life and work, or will likely affect your day-to-day life and work in future.

2. Special damages

Special damages are calculated based on any financial losses incurred, or will have been incurred, as a result of the sexual assault/rape. These damages would cover costs incurred for medication, therapy, counselling, and travel expenses to attend such appointments. Special damages may also cover past or future loss of earnings, if it can be shown that the sexual assault/rape adversely affected your earnings.

3. Aggravated damages

Aggravated damages, sometimes also known as ‘injury to feelings’, are awarded where the distress the Claimant experienced was exacerbated by the circumstances in which the sexual assault/rape was carried out, and/or the conduct of the wrongdoer thereafter. Such circumstances are likely to include cases where the harm committed also constituted an abuse of power, such as where the wrongdoer is in a position of authority to the victim. Any overlap between aggravated damages and general damages must be taken into account to avoid double recovery. Aggravated damages are further governed by so-called Vento bands, which set out brackets of damages according to varying levels of seriousness.