Your voice, your choice
Understanding your options after sexual violence
In partnership with Irwin Mitchell
A message of reassurance
Experiencing sexual violence is never your fault. Whatever happened, and whenever it happened, you deserve to be heard, believed and supported. Many people feel unsure, scared or overwhelmed when thinking about what to do next. That is completely normal.
There is no right or wrong way to move forward, and no expectation to pursue any particular route. This guide is here to help you understand your choices and the support available; at your pace, and in your own time.
Your rights as a survivor
You have the right to:
- Be believed and treated with dignity and respect.
- Access support services (including counselling and advocacy) without pressure to report to police.
- Make choices about whether to engage with the criminal justice system, civil processes, or neither.
- Request an Independent Sexual Violence Adviser (ISVA) to support you through any process.
- Ask questions and receive clear information about your options.
- Seek compensation through civil claims or the Criminal Injuries Compensation Authority (CICA), if you choose.
Do I have to report?
No. You do not have to report to the police unless you want to.
Reporting may: –
- Lead to a police investigation
- Result in a decision by the Crown Prosecution Service (CPS) on whether to charge
- Culminate in criminal proceedings (with either a conviction or an acquittal)
- Help with a CICA application, as CICA requires a crime to be reported (but can accept late reporting where trauma made earlier reporting difficult); and
- Provide evidential support in a civil claim, as police investigations can gather information that may not be otherwise available.
An ISVA can explain these steps and support you emotionally and practically throughout.
Reasons some survivors do choose to report include:
- Wanting justice
- Wanting to prevent harm to others
- Feeling ready to speak when they weren’t able to before
Reasons many don’t report include:
- Fear, shame or self-blame
- Trauma‑related memory gaps
- Worry about being disbelieved
- Not wanting to see the person again
- Not feeling emotionally able
- Concern about the impact on family and loved ones
- Lack of confidence in the criminal justice process
All of these reasons are valid. Reporting is a choice, not a requirement.
Civil claims: what to know
A civil claim is not a criminal case. It is a separate process focused on compensation for the harm you suffered.
Civil claims may be brought against:
- An organisation responsible for the abuser (e.g., schools, churches, hospitals, local authorities)
- A local authority that failed to protect you while in their care
- The individual perpetrator (if they have sufficient assets)
Key points:
- You do not need a criminal conviction to bring a civil claim.
- There is a 3‑year time limit in civil claims, but in abuse cases the court can extend this. Many claims are allowed to proceed years or even decades later due to trauma‑related delays.
- Compensation can cover therapy, counselling, loss of earnings, care needs, and the emotional impact of the abuse.
- There is no cap on how much you can receive in a civil claim. The amount depends on the individual impact of the abuse, and any future needs you may have.
- Most cases resolve without going to trial, as courts encourage early settlement.
- Funding is usually via a Conditional Fee Agreement (no win, no fee).
- Civil law uses a lower standard of proof than criminal law.
- A civil claim can provide some survivors with a sense of validation and acknowledgement. It may also help them feel more in control and, for some, contribute to a sense of closure.
- It is common to receive higher levels of damages in civil claims compared to CICA claims.
- You cannot be compensated twice – any CICA award will be deducted from future civil damages, and vice versa.
CICA explained
Criminal Injuries Compensation Authority (CICA) is a government scheme that awards compensation to people injured by violent crime, including sexual abuse.
Key features:
- You don’t claim against the perpetrator – it comes from a government fund.
- Awards are based on a fixed tariff.
- Maximum award is £500,000.
- Both adults and children can apply.
- A police report is required for a CICA claim
- Time limit: 2 years from date of reporting to the police, with extensions available for trauma‑related reasons.
- Medical evidence is usually required to establish the nature and extent of injuries.
- Some survivors pursue a CICA claim if a civil claim isn’t possible. For example, where no organisation can be held legally responsible or the perpetrator has no assets.
- You cannot be compensated twice for the same abuse, so any CICA award would be deducted from future civil damages (and vice versa).
CICA AND CIVIL CLAIMS – Time limits for both civil claims and CICA applications can be complicated. In abuse cases, courts and CICA can sometimes consider late applications for trauma‑related reasons. Every case is different, so it’s important to speak with a specialist solicitor for clear advice about your individual situation.
What is an ISVA?
An Independent Sexual Violence Adviser (ISVA) is a trained specialist who provides practical and emotional support for anyone affected by sexual violence.
An ISVA can help you:
- Understand your options
- Navigate the criminal justice system
- Make informed decisions at your own pace
- Access counselling and therapeutic support
- Communicate with police, courts, and other services
- Receive updates about your case (if you choose to report)
ISVAs are independent – they do not work for the police or courts.
You can access an ISVA whether or not you report to the police.
How legal and specialist support work together
Survivors often need both emotional support and legal guidance, depending on the routes they choose.
WMRSASC provides:
- Emotional support
- Advocacy
- ISVA services
- Therapeutic services
- Support for survivors with complex mental health needs
- Information and signposting
Irwin Mitchell can provide:
- Legal advice on civil claims
- Support with CICA applications where needed
- Access to treatment and recovery
Both services work collaboratively to ensure:
- You are never pressured
- You stay in control of your decisions
- Your wellbeing is prioritised
- Your legal rights are protected
- Communication is trauma‑informed and survivor‑led
Myths vs facts
Myth
“You must report to the police to get compensation.”
Fact
False. Civil claims do not require a police report or conviction. However, it can provide evidential support to help your claim.
Myth
“If it happened years ago, it’s too late.”
Fact
Judges have discretion to allow claims to proceed out of time. Many survivors come forward in adulthood.
Myth
“No one will believe me – I can’t pursue a claim”
Fact
Civil claims are based on evidence and whether the court can use its discretion on time limits. Many survivors worry about being disbelieved, but trauma‑related delays and memory gaps are understood and common.
Myth
“I will have to go to Court if I proceed with a civil claim”
Fact
It’s very unlikely you will have to go to Court.
Most civil abuse claims settle through negotiation because courts encourage early resolution.
Trauma and decision making
Trauma affects the brain. Many survivors experience:
- Memory gaps or fragmented memories
- Dissociation
- Delayed reporting
- Difficulty making decisions
- Feeling numb or overwhelmed
- Avoidance
- Flashbacks or hypervigilance
Trauma responses do not weaken your credibility. The justice process can feel overwhelming because:
- Trauma changes how memories are stored
- Stress can affect concentration and recall
- Survivors often fear being judged or blamed
- Legal processes can feel unfamiliar and intimidating
You deserve support that understands trauma and moves at your pace.
Children and Young People — How Choices Differ
For under‑18s:
- The ISVA team can support the child and their non‑abusive parent/carer.
- Civil claims are brought by a litigation friend (usually a parent or trusted adult), or by The Official Solicitor if there is no one else appropriate to act
- Civil claims: If the abuse happened when you were under 18, you usually have until your 21st birthday to bring a civil claim. Courts can allow late claims in many abuse cases.
- CICA claims:
- If the abuse was reported while you were still under 18: you usually have until your 20th birthday to apply to CICA.
- If the abuse was not reported until you were an adult: for sexual abuse cases, the 2‑year time limit runs from the date you reported it to the police.
Young people can still have their wishes heard wherever possible. Support focuses on safety, stability, and emotional wellbeing.
Digital evidence — What counts as evidence today?
Modern evidence can include:
- Text messages
- WhatsApp or social media messages
- Voice notes
- Photos
- Location data
- Browser history
- Emails
- Screenshots
You do not need to have collected evidence before speaking to support services.
If you choose to report, police can help recover deleted data where possible.
Never put yourself at risk to gather evidence – your safety comes first.
Where to start / signposting
If you’re unsure what to do next, you can start with any of the following:

WMRSASC
- Specialist counselling
- ISVA support
- Advocacy

Rape Crisis (England & Wales)
24/7 Rape & Sexual Abuse Support Line
Tel: 0808 500 2222

