UK Rape Compensation Solicitors – Criminal Injuries Claim
Approximately 200 women are raped every day in the UK and anyone, regardless of age, race or gender can become a rape victim. Every year there are over 200,000 recorded sexual assaults including almost 50,000 incidents or rape or attempted rape. Unfortunately, due to the nature of the crime only one in five of these assaults is reported to police.
A sexual offence subject to a criminal prosecution is defined as any illegal activity that is sexual in nature or intention which includes rape. Most of the current law relating to sexual offences is contained in the Sexual Offences Act 1956, the Sex Offenders Act 1997, the Sexual Offences Act 2003 and the Criminal Justice Act 2003.
Rape has evolved in definition over the years and whilst originally meaning a male having vaginal intercourse without consent, it now includes oral or anal penetration and includes surgically reconstructed male or female genitalia.
If you have been a rape victim, there are certain steps that you need to take in order to ensure that your case is handled properly and that you receive the help and compensation you need in order to start the recovery process. First, you should go to a safe location where there are other people around as soon as possible after the assault. Next, seek medical help. Staff at most medical facilities such as the accident and emergency department of hospitals, Well Woman and Family Planning clinics and the Genito-Urinary clinic at larger hospitals are trained to deal with these sensitive situations. Keep all of the clothing that you were wearing during the attack. Although it is certainly understandable that you will want to bathe, do not bath or shower until after a proper medical examination because valuable DNA evidence can be washed away.
In order to be awarded compensation for criminal injury, a rape victim will need to report the assault to the Police as soon as possible. Also, if a “drug rape” is suspected, it is even more crucial that you report the crime to police as soon as possible. Drug rape occurs when a victim’s drink has been spiked with a drug that impairs function and makes them more vulnerable to sexual assault. Police are also able to contact Victim Support on your behalf. Victim Support is a charity organization that can give you guidance in the process of recovery from a violent crime.
If you are a rape victim, you may also be entitled to compensation from the UK Criminal Injuries Compensation Authority (CICA) which exists to provide innocent victims of violent crime with compensation for their physical and emotional injuries. Contact a rape compensation solicitor today for free legal advice about bringing a CICA claim. When you call a specialist UK lawyer you will be treated with the utmost sensitivity and compassion. If you prefer, you can arrange for you to speak to someone of your own gender. Most rape compensation solicitors provide legal representation on a no win no fee basis. If your CICA claim is unsuccessful for any reason, you pay nothing. Bringing your criminal injury compensation claim is completely risk-free.
UK Criminal Court Appeals Procedure
Whilst apprehension, prosecution and conviction are NOT necessary in order for rape compensation solicitors to succeed in an application to the Criminal Injuries Compensation Authority it may be of interest to potential claimants to consider the situation relating to the criminal appeals process: –
In cases decided in the magistrates court an accused may believe that the decision was wrong in law or that the Magistrates exceeded their jurisdiction and in these cases an application can be made by way of “case stated” to the Queen’s Bench Division (QBD) of the High Court. Both the prosecution and defense can use this procedure which means that the prosecution can have a Magistrates Court acquittal overturned. Taking a case to the QBD is not a retrial. There is no oral evidence and the two or three sitting judges read the original documents submitted in the initial case and listen to barrister’s arguments before affirming, reversing or amending the Magistrates decision. There is a further application possible to the House of Lords on a point of law with the leave of the QBD or the House of Lords. The House of Lords hearing is not a retrial. The judges read all the original documents submitted in the initial case and listen to barristers’ arguments before making a majority decision.
The criminal appeal court procedure to challenge conviction or sentence in the Magistrates court is by way of a re-hearing before a Circuit Judge or a Recorder sitting in the Crown Court with two lay magistrates and is subject to another appeal, in certain circumstances, by way of “case stated” to the QBD as outlined above.
The defendant has the right of appeal against conviction or sentence and the prosecution can appeal against a point of law or against an unduly lenient sentence. The application is heard by the Court of Appeal. The hearing is not a retrial and no oral evidence is given. The Judges consider the documentation and listen to barristers arguments. The Court cannot increase the sentence but must confirm or reduce it. Criminal appeal court procedure allows a further appeal to the House of Lords on a point of law with the leave of the Court of Appeal or the House of Lords. The House of Lords hearing is not a retrial. The judges read all the original documents submitted in the initial case and listen to barristers arguments before making a majority decision.
House of Lords
In certain circumstances, decisions of the House of Lords can be challenged in the European Court of Human Rights and an appeal can be referred from all courts to the European Court of Justice. In addition the Criminal Cases Review Commission may refer miscarriages of justice to the Court of Appeal for reconsideration.