Sally Smith of Switalskis’ Child Abuse Department recently acted for a client who recovered £100,000 in damages from a family member who had sexually abused them as a child over a prolonged period of time. 

The claim was made up of compensation for the abuse itself in addition to the significant and continuing psychological harm this caused them.  In addition, we argued that the abuser should be responsible for the likely cost of psychological treatment which our medical expert had recommended to address our client’s difficulties.  We hope that this therapy will go some way to improving our client’s mental health and quality of life.  The defendant initially refused to engage with the claim meaning that court proceedings had to be issued, and despite an early attempt by the defendant to defend the claim it was ultimately settled with an agreement that our client be paid substantial damages. 

Many survivors of abuse do not appreciate that suing their abuser directly is a possibility, but it is not at all uncommon for defendants, even those of fairly ordinary means, to have substantial capital, particularly when ownership of houses or other property is taken into account.  The trauma which is caused to children who are sexually abused should never be underestimated, and the distress usually continues into adulthood unless treated.  Of course, no amount of money will repair the damage caused, but it often helps clients move on with their lives. 

It should be noted that even where an abuser does not have the funds to pay compensation themselves, it could be that institutions who have failed in their duty to protect a child can be ordered to pay damages.  It is also the case that if a person has been the victim of a violent crime (which includes sexual crime) and have reported the matter to the police, that they could be entitled to compensation via the Criminal Injuries Compensation Authority. 

Speaking on the outcome of the case, our client commented: "‘I will use some of the damages to access the expert psychological counselling that many survivors need and struggle to access. It finally feels like I have a chance to move beyond the abuse and towards healing. I cannot thank Sally Smith from Switalskis enough for her expertise and support through this process’."

If you would like a confidential discussion about your options and the possibility of bringing a claim, then please contact Sally on 01924 882000 or by email at sally.smith@switalskis.com and she will be happy to help.