A Guide to Military Abuse Claims

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Not only is Abuse unacceptable, it is against the law. Unfortunately, no profession is exempt from such incidents – even within the Military.

With Abuse in the Armed Forces being in the spotlight again recently, our team takes a look at the law surrounding criminal Abuse and the potential to take legal action. Not only to get justice, but hopefully to help reduce the risk of such incidents happening to others in future.

Guide to Military Abuse

What types of Abuse are considered criminal?

This list focuses on the most likely types of criminal Abuse to occur within a Military setting, it is not exhaustive:

Physical Abuse – Such as hitting, punching, kicking, slapping, choking or burning
Sexual Abuse – Such as rape, sexual assault, unwanted touching, coercion and exploitation
Controlling or coercive behaviour – Including intimidation and humiliation
Hate crimes and discriminatory abuse – Harassment, threats or assaults against protected characteristics (Race, religion, etc.)
Neglect and acts of omission – Withholding basic life necessities like food, water, heating or medical treatment etc.

Am I entitled to make a claim for compensation?

Abuse in the form of physical or sexual assault, harassment, or coercive control is a criminal offence, whether it takes place within a Military setting or not. The Ministry of Defence (MoD) owes recruits and all other members of staff a duty of care to protect them from harm.

If this duty of care is breached, you may be eligible to pursue a Civil claim for compensation.

Who will the claim be against?

Any Civil compensation claim for abuse would be brought against the Ministry of Defence.

What evidence might help my claim?

Keep a detailed timeline of events, including dates, times and locations
CCTV footage
Conversation chains, such as text messages, emails, voice notes etc.
Witness statements
Records of any reports made to senior staff
Related medical appointments, such as GP, hospital, therapy appointments, etc.
Related sick or leave days

This is not an exhaustive list. It never hurts to keep hold of anything that you believe may help your case.

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, rehabilitation or counselling.
Aggravated damages – An additional award of money in certain cases where the court considers that there has been additional psychological harm caused by the manner in which the abuse occurred.

Your case-handler will take 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.

Why should I choose Oakwood Solicitors to make my Military abuse compensation claim?

We have an in-house team of dedicated Solicitors and Paralegals, with over twenty years of experience acting for survivors of physical and sexual abuse.

We understand how difficult it can be to bring and claim, and we are committed to dealing with your case in a sensitive way.

You will have a dedicated case handler who will deal with your claim from start to finish and who will be able to speak to you at times convenient to you, even if this is outside our normal office hours.