Last Updated: 6 August 2026 I Reading Time: 7 minutes
Summary
Experiencing rape or sexual assault can have a devastating and long-lasting impact. Alongside emotional and physical recovery, many survivors face difficult decisions about reporting the offence, participating in a criminal investigation and understanding their legal rights.
In recent years, the criminal justice system has considered a number of reforms aimed at improving the experience of victims during sexual offence investigations and trials. While some proposals have influenced wider discussions about victims’ rights, others remain proposals rather than established law. Understanding your current legal rights and the support available is an important first step.
Quick answer
Victims of rape and sexual assault in England and Wales have legal rights throughout the criminal justice process and may also be entitled to claim compensation through the Criminal Injuries Compensation Authority (CICA). Although reforms have been proposed to strengthen protections for complainants, it is important to distinguish between current law and proposed changes. Specialist legal advice can help you understand your rights and options.
In this article
- Current legal rights for rape victims
- The Law Commission’s proposals
- What the proposals aimed to achieve
- Support available for survivors
- Criminal injury compensation
- Frequently Asked Questions
Key takeaways
- Victims of rape have legal rights throughout the criminal justice process.
- The Law Commission proposed reforms to improve how sexual offence cases are handled, but proposals do not automatically become law.
- Special measures may already be available to help victims give evidence in court.
- Victims may be eligible to apply for Criminal Injuries Compensation.
- There are specialist organisations across the UK providing confidential support.
- Early legal advice can help survivors understand both the criminal process and compensation options.
- Support is available whether or not someone decides to pursue a criminal prosecution.
Understanding the rights of rape victims
Victims of rape and serious sexual offences are entitled to support and protections throughout the criminal justice process.
In England and Wales, victims are supported by the Victims’ Code, which explains the standard of service they should expect from organisations such as the police, the Crown Prosecution Service and victim support services.
Depending on the circumstances, victims may also be entitled to:
- information about their case
- access to specialist support services
- special measures when giving evidence
- protection of sensitive personal information in certain circumstances
- apply for compensation through the Criminal Injuries Compensation Authority (CICA)
The Law Commission’s Proposals
Following the Government’s End-to-End Rape Review, the Law Commission consulted on proposals designed to improve the way rape and serious sexual offence cases are handled.
The consultation considered several reforms aimed at balancing the rights of complainants with the defendant’s right to a fair trial.
The proposals included:
- greater judicial oversight when accessing a complainant’s personal records
- stronger rules governing the use of evidence relating to previous sexual behaviour
- additional protections surrounding compensation claims being used as evidence
- wider access to special measures during court proceedings
- independent legal advice for complainants in specific situations
It is important to note that these were consultation proposals. They should not be treated as current law unless subsequently implemented through legislation or changes to court procedure.
Why were these proposals considered?
The Law Commission recognised longstanding concerns about the experience of complainants during sexual offence investigations and trials.
The consultation aimed to address issues such as:
- misconceptions surrounding sexual offences
- unnecessary intrusion into victims’ private lives
- inconsistent approaches to sensitive evidence
- improving confidence in the criminal justice system
The objective was to ensure complainants were treated with dignity while preserving the defendant’s right to a fair trial.
Current protections available to victims
Many protections already exist under current law.
Depending on the circumstances, victims may be able to give evidence using special measures, which can include:
- giving evidence via live video link
- giving evidence behind screens
- clearing the public gallery during testimony
- using communication aids where appropriate
These measures are designed to help vulnerable or intimidated witnesses give their best evidence.
Can victims receive independent legal advice?
Independent legal advice is not automatically available to every complainant in criminal proceedings.
However, victims may benefit from obtaining independent legal advice in relation to:
- Criminal Injuries Compensation Authority (CICA) claims
- protecting their legal interests
- understanding their rights throughout the criminal justice process
- responding to requests relating to personal information
A solicitor can explain the legal process in plain English and advise on issues outside the criminal prosecution itself, including compensation.
Can victims claim criminal injury compensation?
Yes.
Victims of rape or sexual assault may be eligible to claim compensation through the Criminal Injuries Compensation Authority (CICA), even if no one has been convicted of the offence.
Eligibility depends on several factors, including:
- whether the incident has been reported to the police
- whether the applicant has cooperated with the investigation
- whether the claim meets the requirements of the Criminal Injuries Compensation Scheme
Every case is assessed on its own facts.
Support organisations available to survivors
No one should face the aftermath of sexual violence alone.
A number of organisations provide confidential support, including:
- Rape Crisis England & Wales – emotional support, counselling and advocacy
- The Survivors Trust – access to specialist local support organisations
- Victim Support – practical and emotional support for victims of crime
- NHS Sexual Assault Referral Centres (SARCs) – medical care, forensic examinations and ongoing support
- Samaritans – confidential emotional support for anyone experiencing distress
Support is available whether or not you decide to report the offence to the police.
How GLP Solicitors can help
GLP Solicitors understands that discussing sexual violence can be extremely difficult.
Our Criminal Injury Compensation team supports survivors by:
- advising whether a CICA claim may be available
- explaining the Criminal Injuries Compensation Scheme
- helping gather supporting evidence
- preparing compensation applications
- assisting with reviews and appeals where necessary
We aim to provide clear, sensitive and practical legal advice while supporting clients throughout the compensation process.
Frequently Asked Questions
Yes. Victims of rape and sexual assault may be eligible to apply for compensation through the Criminal Injuries Compensation Authority (CICA). Eligibility depends on the circumstances of the case and the requirements set out in the Criminal Injuries Compensation Scheme.
No. A conviction is not always required. The CICA can assess claims based on the available evidence, although every application is considered individually.
Special measures are arrangements that help vulnerable or intimidated witnesses give evidence. They can include giving evidence by live video link, using screens in court or other adjustments approved by the judge.
The Law Commission consulted on proposals to reform sexual offence prosecutions. Consultation proposals are not law unless they are adopted through legislation or procedural reforms. Some recommendations may influence future policy, while others may not be implemented.
Yes. Independent legal advice may help you understand your rights, particularly in relation to compensation, requests for personal information and other legal issues arising from the investigation.
There are many organisations that offer confidential support, including Rape Crisis England & Wales, The Survivors Trust, Victim Support and NHS Sexual Assault Referral Centres. Support is available whether or not you report the offence to the police.
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