Legal Protections for Survivors: Safeguarding Rights and Recovery

By Josmi Saji.

Reading time: four minutes

In April 2024, The Student Lawyer’s D&I team are marking the 23rd anniversary of Sexual Assault Awareness Month (SAAM). This article is part of a series of work that raises awareness and educates about SAAM.

Survivors of sexual abuse and violence often face daunting challenges. Fortunately in the UK, there are legal protections and support services in place to assist them in seeking justice, safety, and healing. From restraining orders to victim compensation programmes, there are measures that play a crucial role in providing survivors with the necessary resources and assistance.

This article will lay out the key legal protections available for survivors.

1. Restraining Orders (RO)

In situations where survivors fear for their safety, restraining orders, such as non-molestation orders (NMOs), can be instrumental. These legal measures aim to prevent perpetrators from contacting or approaching survivors.

To obtain a RO, survivors must demonstrate evidence of harassment or the risk of violence against them. Typically, they apply for a court injunction through a solicitor who helps gather necessary evidence. ROs are usually issued by a judge, alongside criminal proceedings. Even if the defendant is found not guilty, a judge may still issue the order, if necessary to protect the victim from harassment. This decision is based on the reasonable belief that the victim requires specific security measures.

In situations where no crime has been committed, individuals cannot obtain ROs through criminal courts. However, they can seek injunctions through civil courts. NMOs can be issued for victims, through the family courts. To get an NMO, the applicant must show they’re in a close relationship with the perpetrator such as living in the same household.

Moreover, protective injunctions or protection orders can stop stalkers or other unwanted attention, but they require substantial evidence for the court to consider them.

2. Confidentiality Laws

Victims of any sexual offence are afforded the automatic right to permanent anonymity according to the Sexual Offences Act 2003. This provision ensures that their identity is safeguarded throughout legal proceedings. It grants survivors the choice of anonymity, thereby protecting their privacy and reducing the risk of harm.

The Crown Prosecution Service (CPS) maintains a dedicated team of prosecutors extensively trained to handle cases involving sexual violence. Throughout court proceedings, special measures can be implemented to support victims. These measures may involve allowing victims to give evidence remotely via a video link from a separate location or through a pre-recorded video. Such accommodations aim to alleviate the stress and trauma experienced by victims during the legal process and ensuring their well-being.

Since March 2024, prosecutors and police are required to justify any requests for intrusive private information about the victim, including social media and medical records.

Additionally, confidentiality clauses or non-disclosure agreements (NDAs) cannot be legally enforced if they prevent victims from reporting crimes. This ensures that survivors can discuss information related to criminal conduct with relevant groups without fear of legal repercussions.

3. Victim Compensation Programmes

Victim compensation programmes provide crucial financial assistance to survivors of sexual assault. The programmes help to cover a range of expenses including medical bills, lost wages, and counselling fees.

Among these programmes, the Criminal Injuries Compensation Authority Scheme (CICA) stands out as a vital resource specifically tailored to aid survivors in coping with the aftermath of sexual abuse and violence. By offering essential financial support, this scheme helps alleviate the burdens faced by survivors as they embark on their journey to recovery.

Typically, there is a time limit of two years for submitting applications to the CICA scheme. However, the scheme exercises discretion in exceptional circumstances. This includes situations where applications couldn’t be made earlier due to valid reasons, and where evidence supporting the applicant’s claim cannot be determined without further inquiries by a claims officer. In such cases, the scheme may consider applications beyond the standard time limit, ensuring that survivors are not unduly disadvantaged by procedural constraints.

4. Sexual Assault Referral Centres (SARCs)

SARCs offer survivors a safe space to access specialised medical and emotional support 24/7. These centres, often operated by the NHS, provide a range of services, including crisis care, medical and forensic examinations, emergency contraception, and testing for sexually transmitted infections.

Survivors of abuse and violence have the option to self-refer to SARCs independently, without involving the police or any other parties if they choose not to. When self-referring to a SARC, it’s essential to contact them in advance to schedule an appointment. Survivors retain control over whether any evidence collected during their visit is shared with the police if they decide to report the incident. Confidentiality is typically maintained during visits to SARCs, except in cases where there is a serious risk of harm to the survivor or others. Survivors can request clarification on confidentiality policies before making any decisions, ensuring they feel informed and supported throughout the process.

Finally

The legal protections available for survivors of sexual abuse and violence in the UK are vital pillars of support, ensuring survivors have access to justice, safety, and recovery resources. By upholding these protections and continually improving support services, society can work towards creating a safer and supportive environment for all survivors.