Editorial: Civil Claims for Assault - Aidan Ellis, Temple Garden Chambers
27/01/16. Concern is often expressed in the media about the low rate of criminal convictions – and indeed the high attrition rate of cases which do not reach trial at all – in cases of rape or sexual assault. Some of the difficulties faced by victims may perhaps be cured by enhanced procedural rights allowing victims to participate in proceedings. But there are underlying issues which are more difficult to address: it is inherently difficult to establish guilt beyond reasonable doubt before a jury where the evidence is limited and turns on one person’s account. One possible solution for victims is to explore the possibility of making a civil claim against their assailant for battery.
This is not to deny that the criminal justice system should remain the primary means of pursuing offenders. There is merit in offences being prosecuted by the State. Only criminal proceedings can bring criminal penalties such as prison sentences and other related consequences such as a criminal record.
Nevertheless, to the victim, a civil claim might have a number of advantages. First, as the Claimant they would have...
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