Legal and Criminal Aspects of Sexual Abuse

In this section:

• Can I sue the person who sexually abused me?
• Is sexual abuse only physical?
• Is sexual abuse a crime?
• Is sexual abuse and sexual assault the same thing?
• Can you sue someone who sexually abused you?
• Can your husband or spouse sexually abuse you?

Can I sue the person who sexually abused me?

Any victim of sexual abuse can potentially sue the abuser for the wrong inflicted upon them, although it is important to report the matter to the Police first in order to initiate criminal proceedings.  Pick up amended version

Criminal proceedings are a legal process where prosecution, conviction, and sentencing is carried out against the perpetrator, based on the nature and context of the sexual abuse, as well as the evidence available.

If found guilty, the perpetrator will receive due punishment according to current UK legislation and sentencing guidelines, which may include large sums of payment to the victim as compensation and jail time.

Whether you have reported the matter to the Police or not, it is important to consult an expert solicitor at the earliest, as they can help guide you on how to legally sue the perpetrator.

Is sexual abuse only physical?

No, sexual abuse does not have to involve touching, penetration, forceful physical acts or pain. For instance, if the perpetrator engages in any kind of non-physical behaviour, such as looking or staring in a sexual way, showing or flashing private parts, or touching suggestively in order to arouse the victim’s sexual interests – that too can qualify as sexual abuse.

The most common examples of non-physical sexual abuse include:

• Partially or fully exposing the genitals or private areas with the intention to arouse the victim or coax them into submitting
• Showing sexually explicit images and/or videos, including pornography
• Inappropriately staring or peeking at the victim, either secretly or openly
• Masturbating or inappropriately touching oneself in the presence of the victim

Sexual abuse can also be verbal – that is, spoken or written words meant to evoke sexual desires or imply sexual content. Crude humour is often passed off as “jokes” whereas they are often a form of verbal sexual abuse. Examples include sexual jokes, graphic sexual implications or descriptions, name-calling, comments on or teasing about physical development and/or attributes, sexting, unwanted sexual and romantic advances, and stalking someone on the phone with inappropriate texts, calls, voice messages, video messages, etc.

If you believe that your sexual space or privacy has been violated in any way through a non-consensual and non-physical sexual act, please don’t hesitate to speak to our friendly and approachable solicitors who will help determine the nature of the sexual abuse and guide you on the compensation you may be eligible to receive.

Is sexual abuse a crime?

Yes, sexual abuse is a serious crime in the UK which can carry a prison sentence of life in prison, along with heavy fines and community sentences. Any form of sexual abuse can have a debilitating and long-lasting impact on the victim’s quality of life or, for that matter, their ability to function normally in life and at work.

No one ever asks for sexual abuse to happen. The entire blame and responsibility lies on the perpetrator. Our friendly solicitors can help you get justice and due compensation against the individual who wronged you.

Is sexual abuse and sexual assault the same thing?

Most people tend to use these two terms interchangeably: sexual abuse vs. sexual assault. However, the fact of the matter is that both terms are distinct:

What is sexual abuse? Sexual abuse is a sexual act which is committed against a vulnerable child or adult by someone who is in a position of dominance, power, or authority. Sexual abuse may not typically involve any direct sexual acts such as penetrative or non-penetrative sex, but rather a grooming process to first target the victim, then gain their trust, and once enough trust and confidence has been established, isolate them and ‘sexualise’ the relationship. Some physical contact may or may not occur during sexual abuse. It may also involve flashing of the genitals or private parts, masturbating in front of the victim, and sending inappropriate texts, images, and videos.

What is sexual assault? Sexual assault is any unwanted or non-consensual sexual act or behaviour which is forced, coerced, violent, or threatening. Sexual assault may or may not include penile or object-specific penetration, where the incident may occur once in order for the perpetrator to fulfill his/her sexual desires or over the course of several weeks, months or years. Any forceful sexual act qualifies as sexual assault, such as:

• Rape or attempted rape, either through the genitals or an object
• Forcing the victim to commit sexual acts, including intercourse, oral sex, or unwanted touching and fondling
• Any kind of sexual act where the victim doesn’t have the mental capacity to understand what is happening
• Performing sexual acts on the victim while he/she is unconscious or has passed out

Both sexual abuse and sexual assault are serious crimes, carrying equally serious punishment and sentencing. If you or anyone you know has been subjected to sexual abuse or sexual assault (or both), please get in touch with our friendly, understanding, and accommodating solicitor right way.

Can you sue someone who sexually abused you?

Yes, you can. Depending on the evidence at hand and the extent of the injuries and/or trauma, you can sue the perpetrator, although it is important to report the matter to the Police as soon as you can. Some exceptions can be made (when making a claim through CICA), such as the victim not having the mental capacity to understand what has happened and subsequently reporting the matter to the Police due to having that lack of understanding or comprehension.

Can your husband or spouse sexually abuse you?

Yes, it is known to happen and is, unfortunately, common in many parts of the UK. The formal term is ‘marital rape’ or ‘spousal rape’, something which has been classed as sexual assault under UK law (Sexual Offences Act 2003). However, the abuse is not limited to just rape, and can involve any sexual act which is committed without the husband’s or spouse’s consent.

For example, if the victim says ‘no’ to sex or any kind of sexual activity, and the husband or spouse (as men can be victims too) still coaxes them to engage in sex or sexual activity through manipulation, emotional blackmail, threatening, or any kind of behaviour meant to emotionally, mentally, and psychologically manipulate the victim into having sex or engaging in sexual activity – all of that can qualify as sexual abuse.