Civil sexual assault claims do not undermine criminal process but offer a robust alternative

I contributed to a piece in the Times recently to highlight the importance of civil claims for victims of rape and sexual assault and to put my clients' side of the story as to why the criminal system can sometimes let them down.

Reported sexual offences in England and Wales are at a record high, yet the figures around criminal prosecution are dismally low. Fewer than 3 in 100 of the 68,387 rapes recorded by police in 2023 resulted in someone being charged that year, let alone convicted. 

Victims who are let down by the police and CPS or deterred from pursuing a criminal case due to poor conviction rates, major court delays and the trauma of cross-examination, will never see their abuser behind bars. But having their experience acknowledged by a judge in a civil court is hugely significant and a damages settlement can be vital in helping to rebuild their lives. 

As I told The Times recently, civil cases are not a "soft option" to criminal proceedings but an alternative to securing a form of justice in a notoriously difficult area of law. Yes, they are determined on the balance of probabilities rather than beyond all reasonable doubt, but there must be sufficient evidence to put before a judge for the claimant to be successful. 

The recent case of Ella Janneh, who was awarded £200,000 in damages following a civil rape claim has again highlighted the growing number of victims of sexual abuse turning to the civil courts for justice for criminality. 

Our client Claire* was sexually assaulted several years ago but like many victims, did not report it to the police at the time. Angry at being part of the culture of silence, she recently decided to pursue a personal injury claim against her abuser.

Although initially frightened to retell the trauma she had buried for so long, Claire was driven by the thought of getting "concrete recognition of what happened" to her. 

She said that being able to blow a whistle was "amazingly transformative" and she regained the bravery and self-belief she had been robbed of by the abuse. "Sex crimes will always be performed by an individual and often within a structure that enables that behaviour. But being able to challenge that behaviour means the power dynamic changes and that is a good way to protect other people," she said. "Having it in black and white on the record was hugely important."

The first civil claim for rape I took on was for a woman who was drugged and raped repeatedly by a rich and powerful man over three days in a hotel room. The man died shortly after the attack and there were no witnesses, so she was accused of fabricating the abuse for financial gain.  

She was left traumatised and broken by the ordeal but determined to get justice and brought a claim against her rapist's estate. We won the case and my client was awarded £259,000 at the High Court, one of the highest awards made by a UK court in a rape case at the time. 

Having been accused of lying for so long, it was monumental when the judge told her that he believed her. Mr Justice Eady said there was "overwhelming evidence" of her attacker's "predatory behaviour towards women" and concluded she was telling the truth. 

During the trial two women who had been sexually assaulted by the same man gave evidence to support this woman's claim. This key difference between criminal and civil courts is hugely beneficial in complex cases of sexual violence: there is more scope to enter supporting evidence before a judge in a civil hearing. We can show patterns of abusive behaviour to bolster victim's claims when there are very often no witnesses of an assault. 

The impact of sexual assault on survivors is all encompassing. It can affect mental and physical health, personal relationships, and the ability to work or, depending on the circumstances, remain in the same job or profession. 

Pursuing a civil claim for sexual assault does not acerbate the problem of the lack of robust criminal prosecutions - damages in a successful civil claim mean someone who has suffered years of financial inequality because they were forced out of a job or had to switch careers receives some recompense. While this is not the same as seeing someone behind bars, it puts a stop to the abuser continuing to wield power over the victim, which is a significant win. 

I see criminal and civil claims running in parallel, they have a different focus. State prosecutors have some work to do to restore public trust in their ability. That starts with adequate funding and robust procedures.

*name changed 

Read about our sexual assault claims and hear from our clients.