Awarding Aggravated Damages in Sexual Abuse Claims - Helen Nugent, No 18 Chambers
22/10/14. With the ongoing process of Operation Yewtree and the decision of the Yorkshire Police last month to commission an independent investigation into its handling of the Rotherham child exploitation scandal, reports of historic sexual abuse have a continued and wide reaching presence in the national headlines.
From a civil liability perspective, the issue of compensation for the victims of sexual abuse is a difficult and very sensitive one. No sum of money can put right the wrong; and reducing the injury element of the claim to a figure can seem an incredibly cold and artificial task.
The current guidelines for psychological harm arising from sexual (or physical) abuse are provided at Chapter 4A of the Judicial College Guidelines (12th Edition); where specific reference is made to the aggravating features of false imprisonment and breach of trust. In determining the relevant bracket of damages, other aggravating factors can include cases where the damaging effect has been longstanding; where the injury has gone untreated or even been denied for a sustained period of time. The provisions also set out...
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