Slee Blackwell

Compensation for woman raped by care worker

Lee Dawkins — Tue, 19 Nov 2024 16:30:53 +0000

Woman raped by care worker wins compensation.

This article highlights a real-life case of a woman who was raped by a care worker. Lawyer Elizabeth Duncan, helped her achieve justice by making a successful compensation claim that acknowledged her suffering.

Our client, who we will call H for confidentiality reasons, had endured significant challenges and trauma throughout her life and was suffering from severe mental health issues. These led to her being sectioned under the Mental Health Act and admitted to a psychiatric unit. Due to a shortage of NHS hospital beds, she was placed in a private facility funded by the NHS.

During her stay, she was groomed by a Psychiatric Support Worker employed at the facility. Exploiting her vulnerability, sedation, and confusion, the worker manipulated her into believing they were in a romantic relationship. He told H, “I’ve never felt this way about anyone before,” despite her expressing feelings of confusion and discomfort.

When H was transferred to another facility the male care worker visited her, and used “day release” as an excuse to take her out of the facility under the guise of rehabilitation. Upon her discharge, he insisted that H move into his home, where a sexual relationship began.

A social worker eventually reported the situation to the company operating the facility, and the police were also informed. The worker was suspended, but his manipulative control over H was so strong that he persuaded her to attend his disciplinary hearing to support him. Ultimately, his employment was terminated.

Struggling to process what had happened and feeling ignored and devalued by the system, H reached out to Elizabeth Duncan, a specialist abuse lawyer, for help.

Elizabeth carefully reviewed the case and agreed to represent H on a No Win, No Fee basis. The law can hold employers responsible for wrongful acts committed by their employees during the course of their employment. Based on this principle, Elizabeth pursued a claim against the company operating the hospital.

The company denied liability, arguing that the care worker’s actions occurred after H’s discharge and that it was not connected to his employment. Elizabeth strongly contested this, highlighting the short timeframe between the discharge and the escalation of the abuse, as well as the grooming that had occurred during H’s time in the facility.

To strengthen the case, Elizabeth obtained medical evidence documenting the psychological impact of the sexual abuse.

As the trial approached, the case was resolved out of court. Receiving her compensation H said that she would be forever grateful for Elizabeth’s help and that the money would assist her on her road to recovery.

If you or a loved one has been raped by a care worker or abused in hospital then Elizabeth is here to provide the support and guidance you need.

You deserve justice, so let us help you take the first step toward healing.

Call us on 0800 037 8020 or email info@rapecompensation.co.uk

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What is the time limit for making a CICA rape claim?

Lee Dawkins — Tue, 19 Nov 2024 15:58:59 +0000

Elizabeth Duncan represents rape survivors nationally, working on a No Win No Fee basis. In this article she deals with the frequently asked question, ‘What is the time limit for a CICA rape claim?’

While many websites will tell you that the time limit for making a CICA compensation claim is just two years, the reality is far more complex than that. Take for example the case that I dealt with on behalf of a client who for confidentiality reasons I will refer to as A.

I was contacted by A when she needed legal help with making an application to the government’s Criminal Injuries Compensation Authority (CICA) Scheme. She was a survivor of childhood sexual abuse, but had discovered she was outside the usual time limit for bringing a compensation claim through the CICA. She had almost given up on the idea of recovering compensation, but decided to give it one last go by speaking to me.

It was an excellent decision, as I was able to tell her that a CICA compensation claim could still be made.

I explained that although the time limit for making a CICA application is usually two years from the date of the crime, that time limit can be extended for a CICA rape claim or a claim for sexual abuse. This is because survivors often face barriers that prevent them from applying within the standard timeframe, such as trauma, fear, or lack of awareness about their rights.

Taking account of the catastrophic impact of the abuse on A’s mental health, I felt confident that the time limit would be extended. I therefore agreed to make an application to the CICA on A’s behalf, working on a No Win, No Fee basis.

The CICA accepted my representations and agreed to extend the time limit so that A’s claim could proceed. In turn, this led to the CICA making a compensation award of £11,000.

However, I was unhappy with that sum and immediately applied for it to be reviewed. I told the CICA that A should receive extra compensation because she had been unable to work as a result of the abuse for many years.

The CICA again agreed with me, and increased its offer to over £45,000.

A was delighted with the offer. She said would make a huge difference to her life and asked me to accept it.

If you need guidance on making a CICA rape claim, then contact me on our free confidential helpline.

Call us on 0800 037 8020 or email info@rapecompensation.co.uk

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CICA compensation for rape

Lee Dawkins — Tue, 19 Nov 2024 15:32:06 +0000

This is a real-life case study summarising a claim where we were successful in recovering CICA criminal injuries compensation for rape.

Elizabeth Duncan, an experienced lawyer specialising in making Criminal Injuries Compensation Authority (CICA) claims on behalf of those who suffer rape and serious sexual assault, secured a life-changing outcome for her client, who we will refer to as Y for privacy reasons.

Y was a survivor of sexual abuse and rape by her former partner. She had endured years of emotional and physical suffering during an abusive relationship that profoundly impacted her mental health and overall well-being. After escaping the abusive environment, she took the courageous step of reporting the abuse to the police, and made and application to the CICA for compensation.

However Y was very unhappy with the response she received. She therefore contacted Elizabeth to appeal the decision.

The CICA provides compensation to victims of violent crimes, including sexual assault, but the process can be complex. To qualify, applicants must meet specific eligibility criteria, including submitting an application within two years of the crime or its reporting. Unfortunately, Y was well outside this two-year time limit.

Elizabeth explained that the scheme allows for late claims to be made in “exceptional circumstances.” This provision acknowledges that survivors of abuse often face barriers that prevent them from applying within the standard timeframe, such as trauma, fear, or lack of awareness about their rights.

Elizabeth agreed to take on the case on a No Win No Fee basis. This meant Y could pursue her claim without worrying about legal costs.

Elizabeth meticulously prepared Y’s case, presenting compelling evidence to the CICA to demonstrate why the two-year time limit should be waived.

The CICA was persuaded by Elizabeth’s arguments and agreed to process the application. However, their initial compensation offer was at a level that Elizabeth felt was far too low given the severity of Y’s experiences and the impact on her life.

Unwilling to accept an insufficient award of compensation for rape, Elizabeth filed a formal application for review, advocating for a higher amount. She highlighted the significant harm Y had endured and the ongoing need for specialised therapy and support services.

Elizabeth’s persistence paid off when the CICA increased the offer substantially, which would allow Y to access privately funded medical and therapeutic services, providing her with the tools to heal and rebuild her life.

While no monetary award can erase the trauma Y experienced, the increased compensation provides her with an opportunity to focus on recovery and reclaim her future. Delighted with the outcome, Y expressed gratitude for Elizabeth’s dedication and support throughout the process.

If you find yourself in a similar position to Y, needing expert assistance to recover compensation for rape then Elizabeth Duncan is here to help you. She is a compassionate and tenacious advocate for survivors of sexual crimes, handling CICA claims for clients across the UK. Her commitment to achieving justice for those affected by abuse has transformed the lives of countless individuals.

Contact Elizabeth in confidence by calling our helpline or sending a confidential email.

Call freephone 0808 1391597 or email info@rapecompensation.co.uk

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Are rape victims are being let down by prosecutors?

S4LadminE — Fri, 19 Aug 2022 08:25:00 +0000

Prosecutors have been accused of failing rape victims following a dramatic reduction in the number of rape suspects being taken to court.

There has been a 15 per cent increase in allegations of rape reported to the police. You might therefore expect a corresponding increase in the number of prosecutions. However the number of people being charged with rape has actually fallen by 23 per cent.

According to figures released by the annual Violence against Women and Girls report, 2,822 people investigated for rape were charged last year. This is down on the figure of 3,671 charged the previous year. There was also a drop in the number of rape cases being referred from the police to the Crown Prosecution Service.

The Director of Public Prosecutions has defended the position, assuring women that offenders are being brought to justice.

Nevertheless, at a time when rape is under the spotlight and women are being encouraged to speak out this is worrying and disturbing trend. Critics say the statistics are evidence of a collapse in rape justice have called for an independent review to be carried out.

While it is not necessary for the offender to be convicted or even charged for a claim on the rape victim compensation fund to be made, the criminal justice process is nevertheless important to victims. The criminal investigation can also establish important legal evidence. This can be used in a rape victim compensation fund claim (CICA criminal injury rape claim) or a civil law rape claim against the offender personally.

Whether or not your case has been referred to the CPS by the police or a decision has been taken to prosecute, we are here to help. To find out if you can make a rape victim compensation fund claim just give our FREE LEGAL HELPLINE a call on 0808 139 1597. All calls are dealt with in total confidence. There is no obligation on you to proceed with a rape victim compensation fund claim unless you want to. Alternatively you can email us at info@rapecompensation.co.uk

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Travel operators liable to compensate those raped while on holiday abroad

Lee Dawkins — Mon, 08 Oct 2018 11:14:06 +0000

British holidaymakers who are raped while on holiday abroad can seek compensation from their tour operator if the holiday was booked as a package.

When rape occurs overseas it is normally dealt with under the laws of the country where the rape took place, and claiming compensation in foreign jurisdictions can be very difficult.

However, the Package Travel, Package Holidays and Package Tours Regulations allow British people to claim compensation from tour operators in the UK. This is a much more straightforward option for those who have been raped while on holiday abroad.

Such a claim was made against the travel company Kuoni by a British woman who had been raped by an employee of the hotel in Sri Lanka where she was staying on holiday with her husband. The man had posed as a security guard, and had offered to show the woman a shortcut the hotel’s reception area. However, he lured her into an engineering room on the resort where he raped her.

Kuoni argued that they were not legally liable for the attack, but the Supreme Court disagreed and upheld the woman’s claim. The judges said that Kuoni were legally responsible for what had happened under the Package Tour Regulations and ordered the company to pay her compensation.

If you have been raped while on holiday abroad and are looking for specialist solicitors who are experienced in dealing with package holiday rape claims, then please get in touch with us. We will be happy to provide you with a free case assessment and details of our no win, no fee funding scheme.

Call Elizabeth Duncan for a confidential chat on freephone 0808 139 1597. Alternatively, you can send brief details of your case to us by email at info@rapecompensation.co.uk and Elizabeth will get straight back to you.

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Rape compensation: Does a victim’s criminal record debar them from receiving money?

Lee Dawkins — Mon, 03 Sep 2018 13:45:09 +0000

Rape compensation lawyer Elizabeth Duncan looks at the criminal injuries compensation scheme regulations and considers whether a rape victim with a history of criminal convictions is entitled to receive money under the scheme.

The Government operates a compensation scheme for victims of violent crime. This enables a rape survivor to obtain compensation for their ordeal, including money for specialist counselling and therapies, improvements to home security or the cost of moving to a new location.

However, the criminal injuries CICA scheme is regularly criticised for the way in which it deals with applications and the reasons it gives for rejecting or limiting claims for compensation.

Rape survivors have been particularly enraged by the CICA scheme’s rule that victims of crime are not entitled to receive compensation if they have a criminal record themselves.

This rule has resulted in the rape compensation claims of hundreds of women being turned down by the CICA.

Even convictions for relatively minor criminal offences can be sufficient for the CICA to reject an application for compensation, and this has led to charges that the CICA is guilty of ‘victim blaming’.

Whenever we deal with a rape compensation claim we strive to ensure that the women receives the compensation she deserves and we are quick to challenge any decision by the CICA which we consider to be wrong.

It is however important to note that a rape victim’s criminal record is only an issue in relation to a compensation claim under the CICA scheme. If a woman claims compensation from her attacker in the civil courts then any criminal convictions she has are not taken into account. The difficulty however is that many rapists lack the personal finances to satisfy a compensation award against them. The women who pursue a criminal injuries CICA award are normally those who cannot make a civil claim because their attacker does not have the money to pay them compensation.

We very much hope that the CICA will continue to be put under pressure to amend its rules and deal with the claims of rape survivors more fairly. In the meantime, if you have had a CICA claim rejected or reduced on the grounds of a criminal record then please fee free to contact our rape compensation helpline or email me direct at elizabeth.duncan@sleeblackwell.co.uk

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How much compensation does a rape victim get?

Lee Dawkins — Tue, 14 Aug 2018 16:06:55 +0000

Lawyer, Elizabeth Duncan, is frequently asked, ‘How much compensation does a rape victim get?’ The simple answer is that there is no fixed sum and the amount of compensation awarded will depend on a number of factors that will vary from case to case. So what are those factors?

Physical injuries

First, consideration will be given to injuries of a physical nature. This would include the after effects of trauma such as bruising, cuts, tears and swelling. It also encompasses infections and sexually transmitted diseases. The severity and extent of these injuries are assessed, with the higher compensation awards being made to those with the more severe injuries.

Psychological injuries

The psychological consequences of a rape can often be more serious and long lasting than the physical injuries. Indeed it is common to hear rape victims say that they have never fully recovered from their ordeal. When considering how much compensation a rape victim gets it is usually necessary to seek the expert opinion of a psychologist or psychiatrist. The medical expert will consider whether a psychiatric injury has been sustained, such as post-traumatic stress disorder. PTSD can involve a range of symptoms including flashbacks, mood swings and depression.

The psychological impact of rape can have far reaching consequences for the victim. It can make them withdrawn in social situations, impact on their ability to form and sustain relationships and lead to a range of anxiety and other disorders arising.

Specialist counselling and therapies are now widely available and compensation can be claimed so that these services can be privately funded as they are not always accessible under the NHS.

As with physical injuries, the amount of compensation that the rape victim gets is dependant upon:

The severity of the symptoms and
How long those symptoms are expected to last

Loss of earnings

A claim can be made for any loss of earnings incurred. And if the victim feels unable to return to their employment – which is common where the assault took place at work – then a claim can be made for the costs of retraining and any future loss of earnings going forward.

Other financial losses

When considering, ‘How much compensation does a rape victim get?’ we need to look at any financial expenditure that the victim has incurred. Any expenses associated with the case can be recovered. This includes medication, private medical treatment and travelling costs. The value of any care provided to the victim can also be claimed, even if it was provided gratuitously.

Compensation awarded in a civil case compared to CICA awards

The CICA scheme operates on a tariff system and is subject to a cap on the maximum amount of compensation that can be awarded to an individual. These factors can impact on the final award. A civil claim by contrast is not restricted in this way and the amount of compensation that can be awarded is unlimited.

Free confidential helpline

We hope you will understand why we can’t provide a standard figure when we are asked, ‘How much compensation does a rape victim get?’ Although you will see so-called ‘injury calculators’ on the internet, these can never give an accurate estimate of the compensation available.

In order to get a proper idea of what a case is worth the specific facts need to be assessed by a specialist lawyer. We will be happy to review your case, assess the individual circumstances and give you a rough idea of what your particular compensation claim could be worth. Just call us on 0808 139 1597 in total confidence or send an email to info@sleeblackwell.co.uk

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Rape victim compensation: How to make a claim

Lee Dawkins — Tue, 14 Aug 2018 13:37:31 +0000

Making a claim for compensation on a No Win, No Fee basis.

There has been a worrying increase in rape and sexual assaults in recent years. It is thought that this is partly due to improved reporting, but even if that is correct there is no denying that rape remains a significant problem in the UK and women of all ages and social classes are at risk.

When a woman is raped then she is entitled to receive all the help and support that can be made available to her. Voluntary organisations such as Rape Crisis do a magnificent job. Specialist counselling and therapies are also now widely available, but as with so many things in life funding is often an issue. This is where rape victim compensation can make a difference. Compensation can be claimed that will allow these specialist services to be accessed through private funding.

So, how should someone go about claiming rape victim compensation?

Making a criminal injuries rape victim compensation claim

The government operates a compensation fund called the CICA, or Criminal Injuries Compensation Authority. Victims of violent crime, including rape victims, can apply to the CICA for an award of compensation.

You don’t have to use the services of a specialist solicitor to bring a CICA claim, but people often choose to do so on the basis that experienced CICA solicitors like us will be able to secure maximum compensation from the scheme and seal with any tricky legal issues that may arise.

We are also able to help with CICA reviews and appeals. We have achieved a number of notable success, including one sexual abuse case where the award was increased on appeal from £27,000 to over £180,000 after we became involved.

Making a rape victim compensation claim in the civil courts

As an alternative to making a CICA claim, rape victim compensation can be claimed in the civil courts direct from the rapist or any other party who can be held legally liable. Regrettably rapists are often lacking the resources to meet a rape victim compensation claim, but other parties may be at fault, such as an employer.

We can assist you with identifying the possible claims you have and selecting those which are likely to have the best prospects of success.

Funding a rape victim compensation claim

We can work on a No Win, No Fee basis. This means that you do not need to allow worries about legal costs put you off making a claim.

No Win, No Fee works in a slightly different way for CICA claims, but in all cases you will have the peace of mind of knowing that you will not be charged any legal costs if you lose your claim.

Free confidential helpline

For free initial guidance on making a rape victim compensation claim please call us in total confidence on 0808 139 1597 or send an email to info@sleeblackwell.co.uk

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