Government data shows that violence against women and girls is more prevalent than ever, as data shows an increase by 37% per year between 2018 and 2023, with one in every twelve women becoming a victim each year. In Northern Ireland research has suggested that 98% of women have experienced at least one form of violence or abuse in their lifetime with sexual harassment being the most commonly reported type of abuse. Despite the high level of crime, specifically sexual offences, being perpetrated against women and girls, the conviction rate is at an all-time low. This is demonstrated by the conviction rate for rape, being as little as 2%. This statistic has been blamed on a multitude of factors such as: delay in charging perpetrators, lack of faith in police and archaic societal attitudes concerning the issue of consent from the jury. In the face of what has been called, the ‘decriminalisation of rape’, many victims have been resorting to civil court route through the tort of battery against their perpetrators to achieve justice.
The extremely low prosecution rate of perpetrators of sexual offences is likely to deter victims from the criminal justice system. Therefore, with the lower burden of proof required in civil courts being on a balance of probabilities in comparison to the standard of beyond a reasonable doubt required in criminal courts, victims may feel they have a better chance of success with the civil court route.
Civil claims do not require police files to be charged before pursuing litigation and the statute of limitations can be extended. This allows for historical cases of sexual violence to be brought through the civil courts as illustrated by the case brought against Jimmy Saville’s estate. Civil claims can bring closure to victims, as the crime is acknowledged by the court, and they can be awarded compensation from the perpetrator. One victim who won her civil case against her sexual abuser stated, ‘it was never about the money, it was about the law acknowledging that what (the perpetrator) did to me was wrong and against the law.’ Although compensation may not be priority to victims pursuing a civil case it can provide victims with the opportunity to rebuild their lives after. This can be particularly helpful to victims who were unable to work after the abuse. There is also a potential that civil lawsuits can lead to criminal charges and conviction. An example of this is the Harvey Weinstein case, which was prompted by civil suits filed by survivors. The lawsuits introduced public pressure on the police to charge Weinstein, who was later convicted and sentenced to 23 years in prison for rape and sexual assault.
Civil suits against celebrities for sexual assault are often reported in the media. This legal avenue is used against public figures/celebrities for several reasons. Firstly, many public figures can afford to pay for compensation to the victim which will cover the victims’ legal fees making the pursuit of the case less of a personal risk.
Moreover, a successful verdict in favour of the victim against a celebrity in the age of social media is extremely important as it vindicates the victim in the public eye
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Furthermore, the effect of a public figure being held liable for sexual assault can be more detrimental than it would be on a private individual as such a verdict can taint their reputation and potentially be career-ending. This is demonstrated in the recent high profile case of Conor McGregor and Nikita Hand. In this civil claim McGregor was accused of brutally raping and battering Nikita Hand in 2018. He lost the case and was ordered to pay Nikita Hand €250,000 in damages and €1.5m in legal costs. This case conveyed the justice victims can achieve with the civil route, as Nikita Hand stated after she won the case that it was ‘a reminder that no matter how afraid you might be to speak up, you have a voice’. From the case McGregor lost 105,000 Instagram followers within four days of the verdict. As well as this he was dropped by No12 Whiskey and a video game developer who was incorporating McGregor into the game graphics. This case is a prime example of how civil suits can be used to provide justice for victims when the criminal route is not being provided.
Whilst civil claims are an option which victims can pursue; they can be fraught with difficulties with these suits which must be discussed. First, it is extremely costly, making it unavailable for most victims. Nikita Hand’s legal costs tallied up to €1.5m in suing McGregor, which he was ultimately made responsible for; however, many victims could not take on such a risk. Moreover, data suggests that 96% of all civil cases for sexual assault are settled. While this does result in compensation for the victim it removes the aspect of vindication. There is also an argument that civil suits do not have a financial impact on many perpetrators, especially those who are wealthy. For example, President Donald Trump was found liable in 2023 for sexually abusing advice columnist E. Jean Carroll in 1996. As a result of this trial, he had to pay $5m in damages, a drop in the ocean for a billionaire. Winning the case Carroll said, ‘this victory is not just for me but for every woman who has suffered because she was not believed’. Despite this verdict, at the end of 2024 Trump was re-elected by a majority in the popular vote and electoral college votes, described as a ‘gut punch’ by his accusers.
This illustrates a significant limitation of civil claims; the court’s inability to restrict the perpetrator’s future actions based on their findings. Unlike the criminal justice system which provides for a sex offenders register to restrict and monitor offenders, those found liable in civil court for sexual assault can lead unrestricted lives and may even attain high positions of power, such as becoming President.
While civil claims deliver some vindication and justice for victims, it is essential that the criminal justice system in Northern Ireland re-examines its approach to cases of sexual offences. The courts must work to ensure they recognise the difficulty of victims re-living trauma during the gathering of evidence and how this is worsened by the length of time it takes to reach a verdict, on average sexual crimes take twice as long as other offences. The Gillen Review improved the court process for victims by establishing a remote evidence centre, this provision allows victims to provide their evidence away from the courtroom with witness support. Since its opening in 2023, 94% of the 33 cases completed with complainants in the centre resulted in a conviction. However, many of the recommendations from the Gillen Review are still awaiting implementation in NI. Civil claims are a valid route to justice which victims of sexual assault can consider if the criminal justice procedure is unavailable however access to this route has its limitations. Moreover, while the issue of compensation can be detrimental to those found liable for sexual assault, it should be the ultimate aim of victims and wider society to ensure perpetrators of sexual violence face the criminal justice system and are duly convicted for their crimes.
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