8th Dec 2025
Bringing a civil claim against an individual who has sexually abused me
Can I bring a claim against an individual who has abused me?
We are often asked by adult victims whether they can sue their abuser through the civil courts. Typically the victim is over 18 and sometimes in a relationship which has gone beyond consensual acts. Occasionally those involved have just met, but one adult has been sexually assaulted by the other. On each occasion in this situation, the first step must be to report the wrongdoings to the police. If it is an emergency and you are at risk of further harm, you should call 999. Alternatively call 101 and report the crime to the police force where the offence has occurred.
The reason this is imperative in a claim where one individual is making allegations against another, is that without the support of the police and a criminal conviction, a civil claim against the individual is virtually impossible. This is because the perpetrator can say that the allegations are simply that, they never happened. The perpetrator may argue the complainant’s allegations are malicious. They may try and say the allegations constitute defamation by bringing that persons reputation into disrepute. This in itself can lead to civil legal proceedings against the victim. This is why, in adult cases, it is essential to report crime to the police as soon as possible to give the police every chance of securing forensic evidence. The quicker the crime is reported, it goes without saying that the police are then more likely to take action. If you imagine waiting a few days or more, with communications with the perpetrator in the meantime, it is even more difficult to prove the wrongdoings were not consensual.
Thought also should be given to all the other evidence that can be provided to the police to support a conviction. Has the victim for example, immediately told a third party? Has the victim sought medical attention? Is there any physical evidence of the wrongdoing such as bruising that can be photographed? Is there any written evidence, such as text messages or posts on social media about what happened? Has there been any apology? Have they done it before?
A civil claim against an adult who has committed a sexual offence against another adult is extremely difficult in the absence of a criminal conviction. Consideration then needs to be given whether the perpetrator has the financial means to pay compensation. An individual who commits a sexual offence outside the context of his or her job or voluntary role, is very rarely insured for their criminality. Thus you are relying on the wealth of the person accused to pay damages and legal costs. The alternative is to bring a claim to the Criminal Injuries Compensation Authority (or CICA), which is a government funded scheme to compensate blameless victims of crimes of violence. However, because the scheme is funded by the taxpayer, it is not generous and settlements can take literally years to be paid. Having said this, a claim to the CICA can be made irrespective of a conviction, although if a conviction is secured, the CICA claim should be straightforward, provided you comply with the Scheme’s time limits and other mandatory rules.
If you or a family member are an adult and have suffered sexual assault by another adult, please contact us for specialist advice on a no obligation and no win no fee basis. Please email us at [email protected] or contact us via our contact page.
Category: News Updates