“I Was Drunk When I Was Sexually Assaulted – Can I Still Claim?”
For many survivors of sexual assault, one of the hardest hurdles to overcome is the fear that they will not be believed. That fear can feel even more overwhelming when alcohol or drugs were involved. We often hear questions like, “I was drunk, will they say it was my fault?” or “Does that mean I can’t get compensation?”
At Ison Harrison Solicitors, we want you to know that you are not alone, and that being intoxicated does not mean you cannot seek justice or support.
If you’ve been sexually assaulted and were under the influence at the time, you may still be entitled to make a claim through the Criminal Injuries Compensation Authority (CICA). This government-run scheme is designed to help victims of violent crime, and that includes rape and sexual assault.
Let’s take a closer look at your rights, what the law actually says, and how we can help.
What Is the CICA – and Who Can Use It?
The CICA exists to provide compensation for people who have been physically or psychologically harmed as a result of a violent crime in England, Wales, or Scotland. It’s not about suing the perpetrator; it’s about getting financial recognition of the harm you’ve suffered and support to help you move forward.
To apply, you’ll need to have:
- Met basic nationality or residency criteria
- Reported the assault to the police, as soon as reasonably possible
- Submitted your claim within two years of the incident (though this time limit can sometimes be extended)
- Cooperated with the police investigation
Whether or not the offender was convicted, or even identified, you may still be eligible for an award.
What If I Was Drunk or Had Taken Drugs?
Understandably, many survivors worry that their intoxication will count against them. But the CICA does not automatically reject claims just because you were drunk.
What the scheme looks at is whether your behaviour significantly contributed to the incident. That’s very different from simply being under the influence. In many cases, alcohol or drugs made the survivor more vulnerable, not more to blame.
Sexual assault is never excused by intoxication, on either side. If someone assaulted you while you were in a vulnerable state, the law is on your side.
What Can I Claim For?
Every case is different, but if your claim is accepted, you may receive compensation for:
- Physical injuries
- Mental health impacts such as PTSD or anxiety
- Sexually transmitted infections
- Pregnancy caused by the assault
- Loss of earnings (after a qualifying period)
- Some specific financial expenses
A single incident of rape may result in an award of around £11,000. In cases involving multiple assaults or lasting trauma, this figure can be significantly higher.
Why Legal Help Makes a Difference
The CICA process can feel complex, especially when you’re already dealing with the emotional weight of what has happened. Many applications are rejected due to minor errors, missed deadlines, or lack of supporting evidence.
At Ison Harrison, we’re here to lift that burden. Our experienced team has helped many survivors, some of whom were intoxicated at the time of their assault, navigate the process successfully and access the support they deserve. We’ll guide you every step of the way, with sensitivity, care, and professionalism.
You Are Not to Blame. And You Are Not Alone.
We understand how hard it can be to reach out. But if you’re wondering whether you have a right to claim, the answer is: you might and we are here to help you find out.
Speak to our team confidentially call: 0113 2845000 or email [email protected].
