While survivors of sexual abuse are rarely motivated by how much compensation they will be entitled to, it is only fair to try and advise our clients at an early stage as to what is achievable. It is acknowledged that no amount of money can ever truly represent the extent of harm (and associated consequences) caused by childhood sexual abuse.
When valuing an abuse claim, a major component is that of ‘’general damages’’. General damages represent the pain and suffering a survivor of abuse has endured.
To assist us, we look at the Judicial College Guidelines. It is notable that these have recently been updated in the 17th edition (released in 2024) to specifically include a category for injury caused by sexual abuse.
What are the Judicial College Guidelines?
The Judicial College Guidelines help judges decide how much compensation someone should receive in personal injury cases.
In the last two editions, a specific category for Sexual and/or Physical Abuse was introduced.
The 17th edition, released in April this year, is the first significant update of these guidelines. Specifically, there has been two advantageous updates for sexual and physical abuse survivors:
- Firstly, there has been a substantial increase in the recommended compensation amounts for claims involving sexual and physical abuse. For example, there has been more than a 50% increase in the top end of the ‘’severe’’ bracket. The increased levels of compensation reflect the court’s recognition of the seriousness of sexual abuse and its effects on a person’s mental and emotional health.
- Secondly, there has been an introduction of a completely new category of damages – ‘’moderately severe’’, which replaced the lower end of the ‘’severe’’ bracket. The addition of the new bracket allows judges and legal professionals to allocate compensation more accurately based on the severity of the mental and physical harm caused, ensuring that those who experience more profound trauma are awarded higher sums, while still offering appropriate compensation for less severe cases.
The Judicial College Guidelines explain that recent changes in compensation for injuries from sexual and physical abuse, including cases involving image-based abuse, are due to ‘’small cluster’’ of important court decisions.
Case Study: The Impact of the 17th Edition on a Survivor’s Claim
To better understand how the changes in the 17th edition of the JCG impact claimants, we will now explore a case study of a survivor of sexual abuse whose claim was assessed under the new guidelines.
Case Study: Mr A
Mr A (name changed for confidentiality) was sexually assaulted by a teacher on two separate occasions when he was between 10 and 11 years old. The abuse included attempted penetration and fondling of Mr A’s genitals. As an adult, Mr A sought legal action, pursuing a claim for damages due to the severe psychological effects the abuse had on his life.
Mr A attended an appointment with a consultant psychiatrist for the purposes of his claim. The consultant psychiatrist opined that Mr A was suffering from social phobia, alcohol dependence and periods of depression and symptoms of Post Traumatic Stress Disorder.
The abuse Mr A suffered hampered his secondary education and qualifications. Mr A has been unable to work for most of his adult life due to his crippling anxiety and mental ill health related to the abuse.
Mr A reported the abuse he suffered to the police in 2021 and provided a written statement. Unfortunately, the investigation was no further actioned due to the perpetrator’s death during the criminal investigation.
Mr A’s claim was settled out of court during a Joint Settlement Meeting. This is a structured negotiation discussion, with a view of achieving settlement. The claimant and defendant are in separate rooms. Legal representatives meet in a third ‘neutral’ room to discuss the case, and report back to their clients on the discussions and any settlement offers made.
During the Joint Settlement Meeting, the Claimant’s barrister cogently argued application of the new Judicial College Guidelines and illustrated how these had been applied in recent cases. There is no doubt that the new Judicial College Guidelines persuaded the Defendant’s legal representatives to make a higher award of general damages. This allowed Mr A to obtain a six-figure settlement.
Conclusion
The new Judicial College Guidelines are a welcome development in personal injury law, providing not only weight and certainty when valuing general damages in abuse personal injury claims, but also enabling survivors of sexual abuse to recover significantly higher compensation sums which are thoroughly deserved.
Should you happen to be a victim of abuse and wish to obtain advice about financial compensation routes of justice, please do not hesitate to contact us at 01234 360140 or by message here for a confidential and informal discussion. We are here to help and will do our best to assist you.
