Making a claim against an individual in a sexual assault case

You can make a claim against somebody personally if that person has sexually assaulted you either when you were a child or an adult.

If there has been a criminal prosecution resulting in a successful conviction, then a civil claim for compensation is straightforward as the Court is unlikely to allow the perpetrator to argue their innocence in the civil compensation case.

Compensation is payable for the assault itself and additional compensation can be sought if there is a recognised psychiatric disorder consequent upon the sexual assault.

If there has not been a criminal prosecution that was successful or if there has been no prosecution at all, you are still able to make a claim for civil compensation and the Court will need to be satisfied on the balance of probabilities that a sexual assault occurred.

For a Court to make that finding, they will need to hear evidence from you regarding the sexual assault, evidence from any witnesses (although it is uncommon for any witnesses to be available), and any evidence the perpetrator may wish to give.

It is possible to resolve matters by settlement before a trial begins.

Survivors of sexual assault can be disappointed by the criminal penalty applied. Monetary compensation will never change what happened but recovering funds from the perpetrator of the sexual assault obviously assists financially and may assist emotionally as well. A significant consideration in deciding whether to make a claim is whether the perpetrator of the sexual assault has sufficient assets to satisfy any settlement agreed or compensation awarded by the Court.

The Court may be willing to freeze the assets of the perpetrator of the sexual assault during the time that the compensation claim is made. That is much more likely when there is a criminal conviction in relation to the perpetrator but can also be the case if the Court has sufficient concern, based on evidence, that the perpetrator may seek to transfer their assets to another.

It is also possible to place a watch on the title of any real estate held by the perpetrator so that if you become aware that it is proposed to be sold you can then make the application to the Court for the assets to be frozen.

MKF lawyers have significant experience in making civil claims for compensation against perpetrators of sexual assault. Should you wish to make such a claim, please contact us for a no obligation confidential discussion regarding the prospect of success.

‍