Assault claims within the armed forces

What is assault in the armed forces?

Assault is an umbrella term for a number of crimes including:

  • Grievous bodily harm (GBH)
  • Actual bodily harm (ABH)
  • Common assault
  • Sexual assault
  • Threatening / offensive behaviour towards a person
  • Wounding

How do I make a military assault claim?

We know it can be difficult to talk about your assault, but the first thing you should do is report the assault to the military police or the civilian police. The sooner you do this, the more likely it is your assault claim is accepted.

To make a compensation claim for assault in the armed forces you must be able to prove you received medical attention for the injury. If you’re suffering from any psychological conditions as a result of the assault, then this must be confirmed by a psychiatrist rather than a GP or a counsellor.

Lastly, you must be able to confirm you didn’t contribute to the assault or participate in any violent behaviour or retaliate. In other words, you must be able to prove the assault was an unprovoked attack.

Who deals with assault in the military?

Usually, both the military and civilian police can investigate the assault and prosecute the attacker. Typically, the military will pass the incident on to the civilian police. If the assault is committed overseas then the UK civilian police will not be able to prosecute the attacker but the military authorities do.

Will I lose my job if I make a claim?

No – the assault is the attacker’s fault and not yours. The armed forces are very strict when it comes to assault in the military between colleagues. So the only person risking their career would be the assailant.

Where should I submit my assault claim?

Unlike a civilian assault, an assault within the armed forces must be submitted to both the Criminal Injuries Compensation Authority (CICA) and the Armed Forces Compensation Scheme (AFCS). This doesn’t mean you will be awarded twice for the same assault, but any reward given by the AFCS will be deducted from the CICA claim.

How can Birchall Blackburn help?

If you have been a victim of an assault or a violent crime in the armed forces, you should get in touch with us as soon as you’ve reported it to the authorities and undergone a proper medical examination.  We will help you prepare and submit your claim to the Criminal Injuries Compensation Authority (CICA), and can gather evidence to help maximise the compensation that you may be awarded by them thanks to our years of experience in dealing with these claims.

We are Association of Personal Injury Lawyers (APIL) senior litigators and Law Society Personal Injury Panel members, to give you peace of mind.

Call our criminal injury team on Freephone 0800 783 8485 or fill in our contact form here and we will get in touch with you.

Law Society Personal Injury
Child Brain Injury Trust CBIT