Rape victim wins civil case against rapist - Scotland

[ArabellaScott]

The case was found 'not proven' in criminal court, but the woman has been awarded damages in a civil claim.

'It is only the third successful civil damages case for rape in Scotland, and the second following a criminal prosecution.'

'Sandy Brindley, chief executive of Rape Crisis Scotland, added: “This is a hugely significant judgement which exposes the cracks in a criminal system that all too often is not delivering justice for survivors of sexual crimes.”'

www.thecourier.co.uk/fp/news/courts/2953245/civil-rape-dundee-proven/

www.thetimes.co.uk/article/woman-awarded-119-000-by-court-that-ruled-she-was-raped-tlpxcl95f

www.theguardian.com/uk-news/2022/jan/27/soldier-raped-woman-he-met-in-dundee-nightclub-court-rules

Brave woman

The whole system needs to be dramatically overhauled. Women shouldn't have to fight for six an a half years to get a modicum of justice.

Good on her for taking on such a legal challenge. Glad that she has been vindicated in some measure for her ordeal.

Statistics show that over 98% of rapes go unpunished. It's a fucking travesty.

Good on her for pursuing this and getting a positive outcome. It is appalling that this is the only recourse for women attacked by men like this, when so horrifically let down by the criminal justice system.

wondering if it would make sense to have a fighting fund to help more women take out civil cases for rape. The burden of proof is lower and getting a financial settlement + being able to name the man as a rapist could be valuable, even if the criminal courts fail.

[yes, I know the criminal courts should prosecute properly, but sometimes we have to work with the system we have]

@AmandaHoldensLips

Statistics show that over 98% of rapes go unpunished. It's a fucking travesty.

It is.

What a heroic woman!

@parietal

wondering if it would make sense to have a fighting fund to help more women take out civil cases for rape. The burden of proof is lower and getting a financial settlement + being able to name the man as a rapist could be valuable, even if the criminal courts fail.

[yes, I know the criminal courts should prosecute properly, but sometimes we have to work with the system we have]

Maybe the Centre for Women's Justice can be of help with this idea? We don't need to reinvent the wheel if there are already orgs out there with the capacity to do this. A separate fund to help women with their civil cases that people can donate to, rather than the regular donation to CWJ that goes to their overall mission?

www.centreforwomensjustice.org.uk/

Good call, Nonny. I'd like to know what/if the differences might be in English courts, fwiw. I know Scottish law can be very different.

Wow. Congratulations to a very brave woman.

@parietal

wondering if it would make sense to have a fighting fund to help more women take out civil cases for rape. The burden of proof is lower and getting a financial settlement + being able to name the man as a rapist could be valuable, even if the criminal courts fail.

[yes, I know the criminal courts should prosecute properly, but sometimes we have to work with the system we have]

This is an excellent idea and I'd be delighted to support it. It's ridiculous that female people have to fund each other to get justice and to force laws that were created to protect them to be actually carried out, but this is life in 2022.