In a civil claim in 2017, she won a finding of rape and £100,000 in damages. In 2011, Denise Clair reported two former Scotland football players, David Goodwillie and David Robertson, to the Scottish police for rape but the criminal case was dropped due to insufficient evidence. The data suggests a general settlement rate of 96% to 97% of civil claims in UK county courts. She said: “It was never about the money, it was about the law acknowledging what Stephen Coxen did to me was wrong and against the law.” These victories, however, are few and far between, as some perpetrators buy their way out of justice by settling the claim and paying the victim off, before it even reaches a trial. After Ms M’s rapist was acquitted at a Scottish criminal trial (that she described as “abysmal”), she won £80,000 in damages against him at a civil trial in 2018. Victims do not have the same legal powers as the police to gather evidence.ĭespite the difficulties, a finding of rape by a judge can give closure to victims. Some victims don’t have any resources or power to access the civil courts. The burden is on a traumatised victim to bring a claim within a narrow time limit, pay for it and wait (sometimes) years to conclude. ![]() In a criminal court, the state must establish that the jury “are satisfied so that they are sure ”, the defendant raped the complainant, but in the civil court, the standard of proof is lower, the claimant must prove the defendant raped her on the balance of probabilities (51% likely). Instead the judge can issue a “finding” of rape and issue a financial “award” for victims (although enforcing an order for damages can be an uphill struggle against a defendant who is, or claims to be, impoverished). ![]() Unlike in the criminal courts, those found to be rapists do not receive a criminal record or time in jail. ![]() In the year to September 2021, police in England and Wales were told of 63,136 allegations of rape, but only 820 alleged rapists were charged: the prosecution rate for rape was just 1.3%.Īs a result, more and more rape victims are turning to the civil courts for some semblance of justice. I n the UK, we are witnessing the “ decriminalisation of rape” and as a result, more and more women are having to find alternative ways to access justice.
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