Ministry of Defence supports inquiry into Sexual Abuse allegations – Compensation and claims advice
What is the issue with the MoD and historical medical examinations?
Hundreds of women who gave their service in the British Army have stepped forwards with allegations of sexual abuse during medical examinations, which were a required part of the recruitment process.
As a result of this, a national inquiry is currently ongoing, handled by Wiltshire Police. The scope of allegations spans over more than four decades, from the 1970s to 2016, with the full support of the Ministry of Defence (MoD).
Survivors of abuse – You are not alone
Regardless of how much time has passed, survivors of physical and sexual abuse are never alone. If you are struggling to cope and are going through a particularly tough time, if you can – turn to love and support of family and friends.
Even if you feel like you may have nobody to discuss your difficulties with, there are people available who can provide you with support, guidance and signposting to help deal with past and present traumas. For a full list of charities and organisations to reach out to, see our list at the bottom of this article.
In an absolute emergency and failing all else, contact the emergency services by calling 999.
Oakwood Solicitors has extensive experience in handling Ministry of Defence compensation claims
Oakwood Solicitors’ in-house team has many years of combined experience in pursuing armed forces compensation, ensuring that the MoD is held accountable by successfully pursuing historic military abuse claims.
If you are searching for a military sexual abuse solicitor, look no further than our team of experts in historic military abuse claims. We handle all army medical sexual assault matters in the strictest confidence, and you can be assured that you will be treated with the dignity and respect you deserve.
Contact us on 0113 200 9720 for a completely impartial, no-obligation discussion about MoD abuse claims.
What is happening with the army recruitment medical abuse investigations?
An investigation is currently being conducted on a national scale by Wiltshire Police. The inquiry is looking into allegations of sexual abuse made during army recruitment medical examinations, spanning all the way from the 1970s and up to 2016. Ministry of Defence sources have stated that such examinations at the time were carried out by contracted doctors.
It is currently uncertain whether or not the scope of this investigation will extend to include women who signed up to serve in the Royal Navy and RAF (Royal Air Force).
No organisation is perfect, but when allegations of abuse span such a long period of time, it has to be assumed that systemic failures have occurred, when the MoD should be protecting those who serve from harms which should never happen to begin with.
Sadly, this is something we’ve seen time and time again with failures regarding such things as military deafness, helicopter aircrew cancers and Vibration White Finger (VWF) from Ajax tank trials.
Statement from the Minister for Veterans and People
In a press release by Wiltshire Police, Minister for Veterans and People, Louise Sandher-Jones MP stated:
“I commend the bravery of those who have stepped forward to share these painful and truly appalling experiences. I will stand with you every step of the way in your fight for justice and the MOD will give its full backing to Wiltshire Police’s investigation.
“All those who choose to serve our country must be able to do so free from abuse, and with the dignity and respect they deserve. We are committed to rooting out sexual misconduct wherever we find it and have made this a priority since taking office last July. It is a mission that is deeply personal for me.
“I urge anyone who has more information to contact Wiltshire Police as soon as possible.”
How does Sexual Abuse happen in military medical examinations?
Unfortunately, many opportunities can present themselves for sexual abuse during a military medical examinations.
According to defence sources, medical examinations around the time triggering the examinations were carried out by contracted doctors. Reportedly, only 17 out of 248 military doctors received Ministry of Defence (MoD) security clearance.
Here are some of the complaints made, plus the factors that may lead to more abuse:
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Inappropriate touching or groping during medical checks – Touching is disguised as part of the medical procedure.
- Inappropriate questioning – Being asked sexualised or personal questions which have no bearing on examination or potential diagnosis.
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Examinations carried out by contracted doctors – Lack of proper vetting for all doctors employed by MoD.
- Lack of proper complaints mechanism – Survivors are either unaware of reporting procedure or are scared to do so.
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Failure of superiors to act on complaints – Concern that complaints will be disregarded or damage career prospects.
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Coercive behaviour – Internal power structure makes some survivors reluctant to report abuse due to fear of repercussions.
Sexual Assault in the miliary is a crime
Sexual or physical assault is a criminal offence and is never acceptable. Military personnel are protected under UK law, and the Ministry of Defence has a duty of care to protect servicemen and women from harm wherever possible.
As a member of the armed forces, know your legal rights regarding military sexual assault. If you have been sexually or physically abused, you are entitled to seek justice and compensation.
Time limits can be an issue in some aspects of law, but do not be afraid to come forward and make an enquiry. This will all be discussed in full at the very beginning of your journey.
Depending on the type of claim or how long ago it occurred, several types of action can be sought, including:
We have an in-house team of compassionate legal experts, and we are here to ensure that your matter is handled with the dignity and respect you deserve.
Contact our team on 0113 200 9720 for an no-obligation enquiry about making a no-win, no-fee claim for compensation for sexual or physical abuse.
Can I make a claim against the Ministry of Defence?
If you have been physically or sexually abused whilst serving in the armed forces, you are eligible to make a claim. Ordinarily, time limits exist, but with recent or historical sexual abuse there are exceptions which enable us to pursue compensation on your behalf. Our team will explain all this to you in full.
Criminal injury compensation versus Civil compensation – Which is which?
- Criminal compensation claims are paid out via a government scheme, the Criminal Injuries Compensation Authority (CICA). We run such claims are run when no direct attacker or authority can be blamed or traced for the attack or abuse.
- Civil law claims target either the individual or (much more commonly) the employer or authority responsible for their employment or oversight. Civil claims are for financial remedy over criminal punishment.
Oakwood Solicitors has extensive experience when it comes to handling claims against the MOD, with many years of combined expertise. Speak to our expert team today by getting in touch on 0113 200 9720, or filling in the contact form on our homepage.
What compensation can I claim for?
Civil claims for sexual or physical abuse can include the following types of compensation:
- General damages – An award of money for the abuse/assaults themselves and for the pain, suffering and any psychological trauma or other emotional effects. It can also cover future losses, including future loss of earnings, future care and/or therapy, rehabilitation, support etc.
- Special damages – An award for any specific financial losses we can prove, such as loss of earnings or the costs of any medical treatment, therapy or counselling.
- Aggravated damages – An additional award of money in certain cases where the court considers that there has been additional distress caused by the manner in which the abuse occurred.
Your case-handler will be able to walk you through every step of the process and answer any questions or ease any concerns you may have. Each case is completely unique, and therefore it must be handled in a way that suits you best as an individual.
How can our Solicitors help?
At Oakwood Solicitors, we have years of experience working with current and former armed forces personnel and survivors of sexual and physical abuse. We have a trauma-informed approach, ensuring that we handle each individual case with the added understanding of the impact that trauma can have.
We offer:
- Free, confidential initial advice
- No-win, no-fee on accepted cases
- Extensive experience with Historic Sexual Abuse cases
Frequently Asked Questions
- Can I sue the MOD for sexual abuse during medical exams?
Yes you can. Sexual abuse is a criminal offence and the MoD has a duty of care to protect all employees.
- Do military doctors count as MOD employees?
This can depend on the individual in question. Each case is completely unique, and we would encourage anyone who may be unsure to get in touch.
- What if the abuse happened years ago?
You are more than likely eligible to claim. In cases regarding abuse, there are many exceptions with regards to time limits, due to the difficulties many survivors have when it comes to talking about traumatic experiences.
- Will my claim affect my military career?
A legal claim should not affect your careers in the armed forces. The MoD has a duty of care to protect you from any negative treatment. If you do experience it as the result of a claim, they may be open to a further claim for discrimination.
Any information possible can help to bolster your case. This could be any official report(s) of the abuse made to whichever relevant authority, witnesses, times, names and dates etc. Messages or emails sent discussing the abuse. Counselling taken or other medical appointments attended as a result.
Are there any charities or organisations I can get help from?
There are many charities and organisations out there who can assist with anything from trauma to mental health to simply offering a listening ear. Here are just a few:
In an absolute emergency and failing all else, contact the emergency services by calling 999.
WHAT TO DO NEXT
If you experienced sexual abuse during Army recruitment medicals, whether this occurred recently or decades ago, our specialist military claims solicitors can help. Contact our team of experts on 0113 200 9720 for a confidential, compassionate, free claim assessment.
Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…
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