HJ Talks About Abuse: Recent Episodes
The Hugh James Abuse Team
We’re starting the conversation about sexual abuse to inform and offer legal support for listeners, by discussing recent cases and topics which have been ignored for too long.
Welcome to the H.J. Talks About Abuse podcast, a space dedicated to discussions on sexual abuse cases, with a focus on helping listeners engage in dialogues often avoided. In this episode, host Alan Collins and colleague Danielle Vincent explore a distressing case of sexual assault by a nurse in a hospital setting. This alarming incident serves as a basis to examine the broader issues in care environments, the vulnerability of patients, and the legal complexities involved in such cases. The discussion aims to empower survivors by addressing these difficult topics openly and offers insights into safeguarding practices required to protect the most vulnerable individuals. Join us as we endeavour to bring awareness and encourage change in the health care system. If you need support or wish to share your experiences, please reach out to us in confidence.
In this milestone 300th episode of the H.J. Talks About Abuse podcast, Alan Collins, and his colleague, Danielle Vincent, and original podcast mastermind, Sam Barker, reflect on the podcast's journey and milestones. They delve into early technical challenges and the evolution of technology that has facilitated global communication and adaptability in legal discussions during the pandemic.
The episode highlights a significant discussion surrounding child migrant cases, illustrating the podcast's ongoing commitment to unearthing historical abuse and advocating for survivors' rights. Through conversations about legal proceedings and personal experiences, listeners gain insights into the importance of technology and human connection in addressing sensitive abuse topics.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Join us as we explore these serious issues and discuss ways to achieve justice and healing for those affected by such life-altering experiences.
In this episode of the H.J. Talks About Abuse podcast, Alan Collins from the abuse team at Hugh James delves into the recent governmental decision against implementing a national redress scheme for survivors of child abuse, as recommended by the Independent Inquiry into Child Sexual Abuse (IICSA). Collins outlines the challenges survivors face when seeking compensation through legal proceedings and discusses alternative models like the Australian redress scheme.
He emphasizes the importance of holding abusers accountable financially and explores why current legal systems rarely order offenders to pay compensation. Collins also suggests potential improvements, including involving abusers and institutions in financially supporting a redress scheme in the UK, echoing global precedents.
Join the discussion as we explore justice, support for survivors, and the quest for systemic change.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Join us as we explore these serious issues and discuss ways to achieve justice and healing for those affected by such life-altering experiences.
Welcome to the H.J. Talks About Abuse podcast, where legal experts from Hugh James delve into the challenging topics surrounding sexual abuse. In this episode, Alan Collins, a partner at Hugh James, discusses the ongoing witness appeal for the case of a former teacher, Alan Johnson, who was recently convicted of rape and indecent assaults that occurred decades ago.
The episode highlights the importance of victims and witnesses coming forward, not only to piece together the full story but also to help others in similar situations find the courage to share their experiences. It also draws connections to another case involving teacher Alan Webster, reiterating the devastating long-term impact abuse can have on victims and their families.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Join us as we explore these serious issues and discuss ways to achieve justice and healing for those affected by such life-altering experiences.
Welcome to this episode of HJ Talks About Abuse, hosted by Danielle Vincent and Hannah Hodgson. In this episode, we delve into the alarming issue of drink spiking.
Join us as we explore the broader implications of drink spiking and its impact on both travellers and locals. We discuss the growing concerns and challenges in detecting drink spiking, highlighting the importance of being vigilant about one's surroundings, whether at home or abroad, as well as the innovative measures and safety precautions being implemented to combat this issue and how you can protect yourself and others.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
In this episode of "H.J. Talks About Abuse," Alan Collins from the abuse team at Hugh James discusses recent updates on the topical issue of grooming gangs and the calls for inquiries into their activities. He explores the vulnerabilities of young victims, the failings of authorities, and the political complexities surrounding these cases. With ongoing scandals and criticism over the actions of local and national politicians, Alan emphasizes the urgent need for a national inquiry to understand the systemic issues and prevent future exploitation.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to another episode of the H.J. Talks About Abuse podcast, where we delve into the pressing issues surrounding sexual abuse cases. In this episode, we focus on the compelling BBC documentary "Rape on Trial" hosted by Stacey Dooley. The series sheds light on the harrowing experiences of four young women navigating the UK court system after reporting rape by someone they know. Through their stories, we explore the legal and personal challenges faced by survivors, the alarming statistics on conviction rates, and the impact of prolonged court delays.
We discuss societal perceptions of rape, especially in cases involving acquaintances or partners, and the difficulties in breaking the stigma. The episode also covers the proactive steps being taken by the police and CPS to address these issues, though challenges remain significant. We touch upon social media's role in shaping these cases and the right to anonymity for survivors.
Tune in for a deeper understanding of the systemic hurdles in seeking justice for sexual assault survivors and join the conversation on raising awareness and advocating for change. As always, we encourage survivors and their allies to speak out and seek assistance in their journey towards healing and justice.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to this episode of the H.J Talks About Abuse podcast, where the Hugh James abuse team delves into the recent Harrods Compensation Scheme. This initiative responds to past allegations of sexual abuse under the late Mohammed Fayed's tenure at Harrods.
Join host Alan Collins and his colleagues Hannah Hodgson and Danielle Vincent as they discuss the scheme's framework, benefits, and application process. Learn about the eligibility criteria, potential compensation, and the importance of seeking legal representation when navigating these sensitive cases.
This episode aims to inform and empower survivors by highlighting a new pathway to justice. Tune in to understand how the scheme works and how it might serve those affected by the historic allegations at Harrods.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to this episode of the H.J. Talks About Abuse podcast, where we delve into the harrowing findings about domestic abuse related deaths in England and Wales. Join Danielle and Hannah as they discuss the shocking report revealing 262 deaths over the past year, emphasizing the often overlooked connection between domestic violence and suicide.
The hosts shed light on how multi-agency collaboration can be improved to prevent such tragedies. Learn about the crucial insights shared by Jess Phillips, Minister for Safeguarding of Violence Against Women and Girls, and explore the impact of COVID on domestic abuse cases. This episode raises awareness and examines what more can be done to protect victims and prevent further loss of life.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
In this episode of the H.J. Talks About Abuse podcast, Alan Collins and Hannah Hodson delve into the distressing news of Safeline, the only helpline dedicated to male survivors of abuse in England and Wales, facing imminent closure. The podcast highlights the critical role Safeline played in providing support and understanding to over 2,000 men and boys, amidst the stigma surrounding male vulnerability and abuse. The episode raises awareness of the funding crisis affecting survivor support organisations and explores the broader implications on mental health and the justice system.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
In this eye-opening episode, the abuse team at Hugh James delves into the hidden issues surrounding Cheltenham Race Week, highlighting the safety concerns faced by women during this festive yet problematic time. Alan Collins and his colleagues, Hannah and Danny, discuss alarmingly high statistics of women feeling unsafe, the increase in violence, and the controversial appearance of temporary entertainment venues.
Bringing attention to local efforts like bystander training and the increased police presence, the team explores the balance between ensuring safety and maintaining the tradition of this major event. Tune in to hear their insights and learn more about the measures that can be taken to protect the community while preserving the positive aspects of the races.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to this episode of the H.J. Talks About Abuse podcast, presented by the abuse team at Hugh James. Join Alan Collins and Hannah Hodson as they delve into the ongoing fight against deepfake pornography, led by former Love Island star Georgia Harrison. Harrison's journey began with her ex-partner's conviction for voyeurism and has since evolved into a powerful campaign against the exploitation of individuals through AI-generated explicit content without consent.
In this episode, the hosts discuss the psychological toll of image-based abuse, the need for legal reforms, and Georgia's recent ITV documentary series "Porn Power Profit." They explore the alarming statistics of young victims coerced into creating explicit content, emphasising the urgency for education and legislative change to protect vulnerable individuals. As they tackle the complex issue of balancing technological advancements with safeguarding against abuse, Alan and Hannah stress the importance of raising awareness and legal accountability.
Tune in to learn more about the potential civil and criminal consequences of deepfake involvement and the steps being taken to combat this modern form of exploitation. As always, the hosts welcome your thoughts and questions on this pressing subject.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
In this thought-provoking episode of the H.J. Talks About Abuse podcast, Alan Collins, the head of the abuse team at Hugh James, delves into the intricacies of the proposed reforms to the limitation law in England and Wales. As the government sets its sights on implementing the recommendations from the Independent Inquiry into Child Sexual Abuse (ICSA), this solo episode explores the potential impact on survivors of sexual abuse and their journey to justice.
Discover how the removal of the limitation period for child sexual abuse claims aims to dismantle barriers that have long hindered access to justice, while also addressing the challenges of balancing fair trials for defendants. Join Alan as he navigates through the complexities of the legal reforms, drawing insights from similar changes in Scotland and Australia, and discusses the implications for past, present, and future claims.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Join the H.J. Talks About Abuse podcast as hosts Alan Collins and Daniel Vincent delve into the controversial topic of indecent exposure, triggered by a headline-making moment at the recent Grammy Awards. The episode discusses the legal and societal implications of a daring fashion choice by Bianca, Kanye West's wife, that blurred the lines between bold statements and potential legal boundaries.
The hosts explore various scenarios and legal aspects related to indecent exposure, from high-profile events to everyday public spaces, emphasizing the importance of understanding the impact of such actions on society and the potential distress caused to individuals. This thought-provoking episode challenges listeners to consider the fine balance between personal expression and legal limits, encouraging open discussions about societal norms and the responsibilities that come with public exposure.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
In this episode of the HJ Talks About Abuse podcast, hosts Danielle Vincent and Hannah delve into a British Transport Police report from 2024, highlighting a 50% increase in violence against women and girls on public transport in London. They discuss the alarming statistics, with reported crimes rising from under 8,000 in 2021 to nearly 12,000 in 2023. The conversation explores public awareness, the potential for increased reporting due to better accessibility, and the significance of bystander intervention. The episode emphasises the importance of discussion and awareness in addressing and reducing such crimes.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the H.J. Talks About Abuse podcast, presented by the abuse team at Hugh James. In this episode, Senior Associate Danielle Vincent and Hannah Hodgson discuss the Scottish Redress Scheme, introduced in December 2021, which provides compensation for individuals who experienced abuse before December 2004 in various care settings across Scotland. The scheme covers physical, sexual, emotional abuse, or neglect and compensates survivors with up to £100,000, with provisions for next of kin claims up to £10,000.
The episode highlights the unique aspects of the Scottish Redress Scheme and its broad eligibility criteria, emphasizing the importance of legal representation to navigate the application process effectively. Danielle and Hannah clarify that solicitor costs are covered by the scheme, ensuring applicants receive their full compensation and discussing the benefits of professional legal support in crafting detailed statements required for the application.
The hosts address the slow pace of the application process, attributed to delays in obtaining social services records, and urge eligible individuals to apply promptly, especially as the scheme's deadline is yet to be announced. This episode aims to raise awareness, encourage applications, and provide reassurance to survivors that legal support can make the process less daunting and more accessible.
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the H.J. Talks About Abuse podcast, presented by the Hugh James abuse team. In this episode, led by Alan Collins, the head of the abuse team, we delve into the pressing issue of grooming gangs. Despite criticisms of the term, the episode confronts the harsh realities of young girls being targeted by predators and the criminal activities often accompanying these abuses. Alan highlights the often-overlooked correlation between grooming and broader criminal networks, such as county lines.
The discussion pushes for a national inquiry into grooming gangs, questioning the sufficiency of local inquiries and drawing from past investigations like the Rotherham and ICSA reports. The episode calls for a deeper understanding of the systemic issues that allow such crimes to persist, despite existing safeguarding recommendations and government intentions.
Through legal expertise and personal insights, this podcast aims to empower survivors and provoke thought on how society can better address and prevent these tragic crimes. Tune in to explore the necessity of comprehensive national action against grooming gangs and the importance of keeping accurate data to confront these challenges effectively.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the latest edition of Hugh James' podcast, where Alan Collins discusses the controversial decision regarding the lack of a public inquiry into the grooming scandal centered on Oldham. Join us as we delve into the complexities of safeguarding failures, victim blaming, and the systemic issues that have left many vulnerable young people unprotected.
This episode explores the need for accountability and leadership in addressing these tragic events, as well as the broader societal implications surrounding child exploitation. With insights from successful criminal cases and firsthand experiences with victims and survivors, we aim to shed light on the urgent necessity for a thorough examination and potential reforms.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the H.J. Talks About Abuse podcast, where difficult yet important conversations about sexual abuse cases take place. Hosted by Alan Collins from the Hugh James abuse team, this episode highlights the official opening of "The Place to Remember" in St. Helier, Jersey. This memorial, a recommendation from Francis Oldham's panel, stands as a testament to those who faced hardships while in care.
Alan is joined by Darren from the Survivor Network, as they explore the significance of this new space, designed for remembrance and reflection. Through heartfelt dialogue, they offer insights into the challenges faced by survivors and the ongoing work of organizations like the Butterfly Effect.
This episode also shines a light on the "Jersey Way," the island's unique community spirit that rallies to aid those in need. With a powerful legacy grounded in public support and resilience, the conversation serves as an empowering reminder of the strength found in unity and remembrance.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the H.J. Talks About Abuse podcast, where we delve into the complex topics of sexual abuse cases, with a focus on both legal aspects and broader issues faced by survivors. In this episode, Alan Collins from Hugh James discusses the significance of a new memorial in Jersey, known as 'A Place to Remember,' which stems from the recommendations of the Jersey Care Inquiry.
This episode examines the historical context of the Jersey child abuse scandal, the ensuing media coverage, and the subsequent Jersey Care Inquiry led by Francis Oldham. The inquiry's comprehensive report shed light on systemic failures and prompted constructive measures to aid survivors.
Alan shares his personal reflections on attending the opening of this commemorative garden and highlights its importance as a source of strength, support, and healing for survivors past, present, and future. This reflective and positive episode concludes with Alan's best wishes for the year ahead.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the H.J. Talks About Abuse podcast, where we delve into the crucial discussions often ignored for too long. In this episode, we examine a significant legal case in Scotland involving Luke Ford, an actor convicted of serious sexual offences, including the first stealthing prosecution.
We explore the profound impacts of these offenses on victims and the intricate legal discussions surrounding informed consent. Our legal experts offer insight into the challenges of prosecuting such cases and the importance of understanding consent in the realm of sexual interactions.
Join us as we uncover the broader societal implications and empower survivors with knowledge and support to stand against sexual abuse.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
In this episode of H.J. Talks About Abuse, Alan Collins, head of the abuse team at Hugh James, delves into the distressing case of Zahra Sharif. The discussion centers on the systemic failures that led to the tragic death of this young girl, examining the role of child protection services and the need for mandatory reporting laws. Alan reflects on past notorious cases, questioning why lessons remain unlearned.
This episode aims to empower survivors by fostering open discussions about abuse and advocating for accountability and cultural change within the system.
Alan invites listeners to engage in this crucial conversation, hoping that it serves as a wake-up call to prevent future tragedies.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the H.J. Talks About Abuse podcast, where Alan Collins and Danielle Vincent discuss a high-profile legal case involving Irish martial arts fighter, Conor McGregor. The case revolves around McGregor being ordered to pay damages to Nikita Hand, who sued him for a violent sexual assault.
The podcast delves into the broader implications of this civil court victory, especially in light of failed criminal proceedings. They highlight the courage of survivors who come forward in the face of media scrutiny and societal judgment.
Danielle elaborates on the media's focus on victims' personal choices and how survivors are often judged based on irrelevant factors. The discussion emphasizes the strength it takes for survivors like Nikita Hand to seek justice and the importance of having a legal platform to obtain vindication.
The episode sheds light on the complexities of such cases, with a focus on the legal, social, and personal battles that survivors must endure. It also raises questions about the role of non-disclosure agreements in delaying justice and the importance of public awareness in holding abusers accountable.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
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In this episode of the H.J. Talks About Abuse podcast, Alan Collins and Danielle Vincent explore the legal intricacies surrounding cases of historical child sexual abuse, focusing on the concept of permanent stays of litigation. They delve into the challenges faced by survivors seeking justice, particularly when the alleged abuser is deceased. The episode examines a landmark Australian case, RC versus Salvation Army, shedding light on potential implications for similar legal scenarios in the UK. Join us for a thought-provoking discussion on how legal systems can better serve survivors despite complex obstacles.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
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Facebook- https://www.facebook.com/abusejustice/
In this episode of H.J. Talks About Abuse, Alan Collins, head of the abuse team at Hugh James, discusses the critical topic of mandatory reporting in child abuse cases. Drawing from the John Smyth case and recent events including the resignation of the Archbishop of Canterbury, Alan explores the urgent need for legal reforms in the UK to ensure such cases are reported to the authorities in a timely manner.
The discussion highlights the shortcomings in the current legal framework, advocating for the implementation of mandatory reporting laws to protect children and prevent future abuse. Alan provides insights into the cultural and institutional changes required to prioritise the safety and well-being of survivors. Join Alan as he delves into the complexities and challenges of safeguarding within faith settings and the pressing need for change.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
In this episode of the H.J. Talks About Abuse podcast, Alan Collins, head of the Hugh James abuse team, delves into the harrowing findings of the Keith Makin report. The report reveals the Church of England's longstanding cover-up of the abusive actions of the late John Smyth QC, a prominent lawyer and part-time judge.
John Smyth, who was heavily involved in evangelical Christianity, is accused of physically, sexually, emotionally, and spiritually abusing numerous boys and young men in England and Zimbabwe. Despite being confronted about his actions as early as 1982, Smith continued his abuse for decades, shielded by the Church's inaction and failure to report his crimes to the authorities.
This episode critically examines the Church of England's systemic failures in safeguarding, the disturbing minimisation of abuse, and the need for justice and atonement for Smyth's victims. As Alan Collins discusses these issues, he emphasises the importance of empowering survivors and ensuring their voices are heard.
Listeners are urged to reflect on the Church's responsibilities and the broader implications of institutional cover-ups in cases of abuse. If you are affected by the content of this episode, the Hugh James team encourages you to reach out for support and guidance.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
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Facebook- https://www.facebook.com/abusejustice/
In this gripping episode of the H.J. Talks About Abuse podcast, Alan Collins, head of the abuse team at Hugh James, delves into the harrowing case of 20 men convicted of sexually exploiting young girls in West Yorkshire. While the details of the crimes are distressing, the focus is on the significant courage shown by the survivors who came forward, leading to these convictions.
Alan highlights the systemic failures that allowed such exploitation to occur, emphasising the vulnerability of the victims, many of whom were let down by the systems meant to protect them. The episode also discusses the legal processes involved in seeking justice and the critical role of compensation in helping survivors rebuild their lives.
Join us as we explore the broader implications of these cases and the importance of recognising the resilience of survivors who have bravely navigated the criminal justice system to hold their abusers accountable.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
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In this gripping episode of the H.J. Talks About Abuse podcast, host Alan Collins delves into the disturbing allegations surrounding the Seventh-day Adventist Church, as reported by Channel 4 News. The episode sheds light on claims that a prominent church member, the late Donald Kelly, was involved in the sexual abuse of young boys over several decades.
Alan discusses the church's alleged failure to act on repeated warnings about Kelly's abusive behavior, and the subsequent investigation commissioned by the church under pressure from victims. He explores the broader implications of these allegations, emphasising the need for mandatory reporting laws to protect victims and ensure accountability.
Join us as we confront the challenging realities faced by survivors of sexual abuse and the importance of legal and cultural changes to prevent such tragedies in the future.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
In this week's podcast, Alan Collins, head of the abuse team at Hugh James, explores an insightful article from the Law Society Gazette on the independent inquiry into child sexual abuse. Published in the Gazette, a key trade publication for the legal profession, the article sheds light on the inquiry's origins, challenges, and its significant findings.
Alan discusses the history of the inquiry, initiated by Theresa May a decade ago, and its journey through several leadership changes before reaching its conclusions. The inquiry examined various societal sectors, including religious institutions and children's homes, leading to grave conclusions about the state of child sexual abuse in the UK.
The podcast delves into the inquiry's recommendations, such as mandatory reporting and redress schemes for survivors, and the lack of implementation by the current government. Alan also highlights the importance of reforming the Limitation Act 1980, which currently restricts the time frame for survivors to seek compensation.
Join Alan as he provides a comprehensive overview of these pressing issues, the challenges faced by survivors, and the need for political action to effect meaningful change.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
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In this compelling episode of H.J. Talks About Abuse, Kathleen Hallisey and Hannah Hodgson delve into the infamous Menendez brothers case, shedding light on a tragic story that intertwines wealth, power, and horrific abuse. While the brothers are notorious for the brutal murder of their parents, this discussion uncovers the underlying narrative of alleged sexual abuse that shaped their lives and legal battles.
As new evidence emerges, including testimonies that could alter the course of their convictions, Kathleen and Hannah explore the complex dynamics of familial abuse and societal perceptions at the time of the trial. They discuss how perceptions of abuse have evolved and why it's crucial to understand the depth and impact of such experiences.
The episode also emphasises the importance of addressing misconceptions about abuse, especially within affluent families, and the lasting effects on survivors. Join Kathleen and Hannah as they navigate this sensitive yet significant topic, offering insights and reflections on a case that continues to spark conversation and controversy.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
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In this episode of the "H.J. Talks About Abuse" podcast, hosts Alan Collins and Danielle Vincent delve into the controversial legacy of the late Mohammed Al-Fayed. Known for his association with Harrods and other high-profile ventures, Al-Fayed has recently become the subject of serious allegations of sexual abuse.
Alan and Danielle explore the media attention surrounding these claims, discussing their involvement in pursuing legal cases against Al-Fayed's estate and Harrods. They highlight the complexities of the allegations, noting parallels with past notorious cases, and emphasize the broader issues faced by survivors of sexual abuse.
The episode also sheds light on the power dynamics within Harrods during Al-Fayed's tenure, revealing troubling accounts of abuse and coercion. Listeners are encouraged to reflect on the significance of these revelations and are urged to seek support if affected by the topics discussed.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
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In this episode of the HJ Talks About Abuse podcast, hosts Danielle and Hannah delve into the crucial topic of the Northern Ireland Redress Scheme, which is set to close on April 2, 2025. They discuss the scheme's significance, covering cases from 1922 to 1995, and emphasise the importance of applying before the deadline.
The hosts explore the nuances of the scheme, including eligibility criteria and the range of compensation available, which spans from £10,000 to £80,000. They highlight the scheme's unique aspects, such as its coverage of the Australian Child Migrant Program and the possibility for applications on behalf of deceased individuals who were in institutions.
Danielle and Hannah also share insights on how to navigate the application process with the help of a solicitor, stressing the importance of spreading awareness so that eligible individuals don't miss out. They encourage listeners to reach out for guidance and to consider the potential benefits of applying, even for cases involving bullying or lesser-known abuses.
Listeners are urged to contact the Hugh James team for further assistance and to ensure they don't miss this critical opportunity for redress. Tune in to learn more about how this scheme could impact you or someone you know.
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the H.J. Talks About Abuse podcast, where we discuss sexual abuse cases to encourage open dialogue on these often ignored topics. Brought to you by the abuse team at Hugh James, we explore both the legal aspects and broader issues faced by survivors.
In this episode, Alan Collins, head of the abuse team, and colleague Dani Vincent delve into the sensitive issue of sexual abuse in mental health settings, such as hospitals. They discuss the ongoing Lampard Inquiry, which investigates patient deaths in Essex mental health services over a 20-year period, and highlight the challenges faced by vulnerable individuals in such environments.
Alan and Dani share insights from past cases, emphasising the difficulties survivors encounter, including issues of capacity, medication effects, and the imbalance of power between patients and staff. They also stress the importance of understanding legal rights and the role of compensation in addressing the harm caused by abuse.
If you have concerns or questions about your situation or that of a loved one, the team encourages you to reach out for support. Thank you for listening to this vital discussion on HJ Talks About Abuse.
MentalHealth
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the H.J. Talks About Abuse podcast, where we delve into sexual abuse cases, aiming to foster open discussions on these often-ignored topics. Brought to you by the abuse team at Hugh James, we offer insights into both the legal aspects and broader issues faced by survivors of sexual abuse.
In this episode, Alan Collins, the head of the abuse team at Hugh James, discusses the troubling allegations against the late Mohammed Al-Fayed. Known for his ownership of Harrods and his omnipresence in the media, Al-Fayed has been accused of sexually abusing numerous women. Alan explores the similarities between Al-Fayed's case and that of the infamous Jimmy Savile, and the potential legal avenues available for survivors seeking justice.
The discussion highlights the complexities of pursuing civil claims against deceased abusers, the principles of vicarious liability, and the challenges posed by the Limitation Act 1980. Alan underscores the importance of specialist legal representation to navigate these hurdles and ensure that survivors have a fair chance at justice.
If you are a survivor or have questions about the topics discussed, the Hugh James team is available for confidential consultations. Thank you for joining us on this latest episode of H.J. Talks About Abuse.
AbuseofPower
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
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In a recent episode of HJ Talks About Abuse, Kathleen Hallisey and Hannah Hodgson delved into the serious allegations against Mohamed Al Fayed, the former owner of Harrods. The discussion was timely, coinciding with news reports and a BBC documentary shedding light on the accusations of rape and sexual assault by Al Fayed against over 20 female ex-employees of Harrods.
Key points from the discussion include:
- Allegations: The allegations against Al Fayed are grave, involving more than 20 female ex-employees of Harrods who have come forward to pursue claims for compensation.
- Abuse of Power: The case exemplifies the abuse of power, with witnesses suggesting that Al Fayed's actions were an open secret within Harrods, pointing to a culture of fear and silence that allowed such abuses to continue unchecked.
- Institutional Response: The discussion touched on the response by Harrods' current owners, who expressed being appalled by the allegations and offered apologies to the victims, highlighting the complexities of addressing historical abuses within institutions.
- Legal and Social Implications: Kathleen and Hannah emphasised the importance of survivors coming forward, despite the challenges, and discussed the legal avenues available for seeking justice, including the discretion courts have in allowing cases to proceed despite time limits.
The conversation underscored the broader issue of sexual assault and abuse of power in the workplace, encouraging survivors to seek help and advice, and stressing the importance of institutional accountability in preventing and addressing such abuses.
AbuseofPower
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
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Welcome to this episode of the H.J. Talks About Abuse podcast, where we delve into the pressing issue of sextortion, a form of online blackmail that has become a global crisis. Hosted by Danielle Vincent and her colleague Hannah Hodgson, this episode sheds light on recent cases and the devastating impact on victims.
We discuss the alarming rise of sextortion cases, including a man posing as a YouTube star and a UK-targeting gang known as the Yahoo Boys. Learn about the tactics used by these criminals, from fake identities to AI-generated images, and the severe consequences faced by victims, often leading to tragic outcomes like suicide.
Our hosts emphasise the importance of recognising the signs of sextortion and the need for support and legal action. With insights into the role of social media platforms and the efforts to combat this epidemic, this episode aims to inform and empower listeners.
If you or someone you know is affected by sextortion, it's important to seek help immediately. Resources are available for victims to get the support they need:
- Revenge Porn Helpline
- Internet Watch Foundation (IWF)
- Contact local police
This conversation highlights the importance of awareness, education, and open dialogue in preventing online abuse. Stay safe, and always be cautious when interacting with new people online.
OnlineSafety #DigitalAwareness
Who we are:
We are a leading, full-service UK law firm.
Since our beginning, we have been led by the things that matter. We care about fighting for the right outcomes. Solving the seemingly unsolvable. Protecting businesses, individuals, and livelihoods. Supporting our people, our communities. Safeguarding our planet.
Looking for a way forward? At Hugh James, challenges – of all sizes – are readily accepted.
Our team of specialist sexual abuse solicitors have helped many people secure sexual abuse compensation. Find out more- https://www.hughjames.com/services/sexual-abuse-claims-and-compensation/
Follow us on socials:
LinkedIn- https://www.linkedin.com/company/hugh-james/
X- https://twitter.com/hj_abuse
Facebook- https://www.facebook.com/abusejustice/
Welcome to the H.J. Talks About Abuse podcast, where we delve into sexual abuse cases to foster open discussions on often ignored topics. Hosted by Alan Collins, head of the abuse team at Hugh James, this episode features Danielle Vincent and Hannah Hodgson.
This episode explores a recent news story about the Church of England's financial settlement with Canon Andrew Hindley following unproven sexual assault allegations. Despite multiple risk assessments deeming Hindley a potential threat, no criminal convictions were made, raising serious safeguarding concerns within the Church.
The team discusses the implications of such cases on survivors, the Church's safeguarding measures, and the broader issues faced by those affected by sexual abuse. Tune in to understand why safeguarding is crucial and how the Church's actions may impact future disclosures.
Join us as we seek clarity on this complex case and emphasize the importance of protecting the vulnerable.
Welcome to the H.J. Talks About Abuse podcast, hosted by Alan Collins and Kathleen Hallisey from the Hugh James abuse team. In this episode, we delve into the complex issue of abuse of power, particularly in the context of sexual abuse and harassment cases.
The discussion is sparked by recent media reports involving high-profile individuals and explores the impact of power imbalances on consent and workplace dynamics. We examine the legal definitions and implications of sexual harassment, referencing notable cases such as those involving Harvey Weinstein and Max Clifford.
The episode also addresses the new legislation on cyber flashing and the broader societal awareness needed to prevent such misconduct. Join us as we provide insights into the challenges faced by survivors and the legal avenues available for seeking justice.
Welcome to the H.J. Talks About Abuse podcast, where we discuss sexual abuse cases to encourage open conversations on topics often ignored. Brought to you by the abuse team at Hugh James, we aim to empower survivors with our discussions.
In this episode, Alan Collins, head of the abuse team at Hugh James, is joined by Justin Humphreys, CEO and Head of Safeguarding Development at Thirtyone:eight. They delve into a recent BBC news story concerning safeguarding issues within the Church of England, focusing on the diocese of Blackburn.
Amidst allegations and a controversial payout to a canon, Alan and Justin discuss the complexities and failures of the Church's safeguarding processes. They explore the implications for victims and survivors, and what needs to change to restore trust and ensure robust safeguarding practices.
Join us for a thought-provoking discussion on the challenges and necessary reforms in safeguarding within religious settings.
Welcome to the H.J. Talks About Abuse podcast, presented by the abuse team at Hugh James. In this episode, Alan Collins and Danielle Vincent delve into the sensitive and complex topic of sharing intimate images.
They explore the legal and emotional ramifications of sharing indecent photos, with or without consent, and how such actions can have far-reaching consequences. The discussion highlights the normalisation of this behaviour among young people, often exacerbated by media portrayals and peer pressure.
Alan and Danielle also touch upon the role of technology in facilitating this issue, from smartphones to social media platforms, and the challenges in protecting children from exploitation. They emphasise the importance of education and awareness in combating image-based abuse and offer insights into recent legal cases and societal trends.
Join the conversation as they provide a thought-provoking analysis on the dangers of sharing intimate images and the impact on survivors of abuse.
Welcome to the H.J. Talks About Abuse podcast, where we discuss sexual abuse cases to encourage open conversations on topics often overlooked. Brought to you by the abuse team at Hugh James, we focus on the legal aspects of abuse cases while also addressing the broader issues faced by survivors.
In this episode, Alan Collins and Danielle Vincent delve into the distressing topic of abuse in positions of trust. They explore how individuals in roles such as teachers, scout leaders, and coaches can exploit their professional obligations to abuse children. The discussion includes recent legal developments, the impact on survivors, and real-life cases, including the infamous George Gibney case.
Danielle highlights the importance of understanding why children often don't disclose abuse and how abusers infiltrate family lives to maintain control. The episode also examines the patterns of behaviour changes in abused children and the challenges in prosecuting cases, especially when the abuser is deceased.
Join us for an insightful discussion aimed at empowering survivors and shedding light on the critical issue of abuse in positions of trust.
In this episode, Kathleen Hallisey and Hannah Hodgson from the Abuse Team discuss a recent Sky News article and a BBC series addressing the pressing issues of online grooming and sexual abuse. How the sending of one photo led an 11-year-old girl to become a victim of physical sex abuse | UK News | Sky News
The conversation centers around the alarming story of an 11-year-old girl who became a victim of online grooming, leading to physical abuse. The discussion extends to the broader implications of children using social media and the rapid spread of self-generated indecent images.
They also explore the role of education in schools and at home, the responsibilities of tech platforms, and the potential legal mechanisms to hold these platforms accountable. The episode underscores the importance of reporting such incidents and seeking support for affected individuals.
Join us for this crucial conversation about safeguarding children in the digital age.
Join Kathleen Hallisey, Senior Associate, and her colleague Danielle Vincent as they delve into the pressing issue of sexual abuse and misconduct on university campuses.
Inspired by a suggestion from summer placement intern Tia, Kathleen and Danielle discuss the alarming prevalence of staff-to-student sexual abuse, highlighting testimonies from universities like Exeter, Oxford, and Cambridge. They examine the power imbalances, the portrayal of such relationships in media, and the significant impact on victims' mental health and academic careers.
Learn about the efforts of the National Union of Students and the Office for Students to combat this issue, and the importance of institutional responses in preventing and addressing abuse. Tune in for an insightful conversation on a topic that demands attention and action.
For those affected by these issues, or with suggestions for future discussions, please reach out to the Hugh James Abuse Team. Your voice matters.
This episode, brought to you by the abuse team at Hugh James, delves into the alarming reports of sexual abuse faced by mental health patients in UK hospitals.
Hosts Alan Collins and Kathleen Hallisey explore recent media coverage revealing that up to 20,000 incidents of sexual abuse have been reported in NHS mental health trusts over the past five years. They discuss the vulnerabilities of inpatients, the role of hospital staff, and the complexities of addressing these disturbing allegations.
The episode also examines Mayor Sadiq Khan's announcement of free legal advice for sexual assault victims in London. While the initiative aims to combat violence against women and girls, the hosts question its effectiveness and the need for better support and reporting mechanisms.
Join the conversation as we uncover the challenges faced by survivors and the steps needed to ensure justice and safety in mental health facilities.
In this episode, Danielle and Hannah discuss a recent media-highlighted case where a woman sued her therapist for sexual assault and was awarded over £200,000 in damages by the High Court. Despite the lack of a criminal conviction, this case underscores the possibility of pursuing civil claims for justice. The survivor's journey, spanning over eight years, is a testament to resilience and the importance of seeking justice beyond the criminal courts.
This episode sheds light on the different standards of proof in criminal and civil cases and encourages survivors who haven't seen success in criminal courts to consider civil claims. The discussion also emphasises the importance of public awareness and support for survivors who bravely share their stories to help others.
We hope this episode provides valuable insights and encourages anyone affected by similar issues to seek advice and explore their options. Stay tuned as we follow the developments in this case and continue to support survivors seeking justice.
In this episode, Alan Collins, the head of the abuse team, explores the UK Conservative government's proposals to make it easier for child sex abuse victims to bring civil claims. These proposals are designed to reduce the trauma survivors face during legal proceedings.
The episode delves into the intricacies of the Limitation Act 1980, which currently requires claims to be made within three years of a victim turning 18. Alan discusses the challenges posed by this limitation, especially for survivors who come forward many years after the abuse.
Alan examines the government's press release from May 15, 2024, which outlines a consultation on reversing the burden of proof. This change would place the onus on defendants to prove that a fair trial is not possible, rather than on victims to prove their case within the specified time frame.
The episode also compares reforms in other jurisdictions, such as Australia and Scotland, and discusses the potential impact of these changes on the justice system. Alan emphasises the importance of participating in the consultation process to ensure that the reforms are effective and fair to survivors.
Tune in to understand the proposed changes, their implications for survivors, and the importance of legal reform in achieving justice for child sex abuse victims.
In this episode, Alan dives into the manifestos of the Labour Party, the Conservative Party, and the Liberal Democrats to examine what they have to say about child abuse and related issues. Alan provides a non-partisan analysis, focusing on key topics such as mandatory reporting laws, justice for victims, and proposed redress schemes.
Alan discusses the Independent Inquiry into Child Sexual Abuse (ICSA) recommendations and how each party addresses—or fails to address—them. He highlights the importance of mandatory reporting and the need for accountability in the justice system. The episode also touches on the complex nature of handling rape cases and the necessity for timely justice.
Join Alan as he navigates through these political manifestos, offering insights and critiques that are crucial for survivors of sexual abuse and those advocating for their rights. Whether you are a regular listener or tuning in for the first time, this episode aims to inform and empower.
Welcome to the H.J. Talks About Abuse podcast, the podcast where we talk about sexual abuse cases in the hope that it will assist listeners in openly discussing topics which have been ignored for too long. This podcast is brought to you by the abuse team at Hugh James.
We are lawyers, so we tend to speak about the legal aspects of abuse cases, but we aren't too shy to speak up about the broader issues faced by survivors of sexual abuse, too. We hope that you find it interesting, but more than that, if you are a survivor of sexual abuse, we hope that you find our discussion empowering.
In this episode, Danielle Vincent is joined by Zoe Bell, Director of East Kent Rape Crisis Centre. Zoe shares her inspiring journey from a volunteer helpline worker to director of the center, highlighting the impactful work being done to support survivors of sexual abuse. They discuss the center's innovative therapeutic approaches, such as walk and talk therapy and side by side therapy, and the importance of creating a supportive environment for survivors.
Zoe also talks about the Kickback Group, a survivor-led initiative providing invaluable feedback to shape the services offered at the center. Additionally, she shares her experience of being invited to Buckingham Palace in recognition of her work in the sexual violence sector.
For those in need of support or more information about the services offered by East Kent Rape Crisis Centre, Danielle provides details on how to get in touch and access resources. Tune in to hear more about the incredible work being done to support survivors and the importance of having their voices heard.
If you have any questions or would like to learn more, please visit our website or contact us directly. Thank you for listening.
Welcome to the H.J. Talks About Abuse podcast, brought to you by the abuse team at Hugh James. In this week's episode, Alan Collins and his colleagues Kathleen Hallisey, Danielle Vincent, and Hannah Hodgson discuss the distressing case of Rebecca Joynes, a female schoolteacher recently convicted of sexual offences against two 15-year-old schoolboys.
Join us as we delve into the details of the case, exploring the legal and broader issues faced by survivors of sexual abuse. Hannah provides a background on the incidents, including how Joynes groomed her victims and the subsequent legal actions taken against her.
The team also examines public reactions to the case, highlighting the disparities in how male and female abusers are perceived and the significant impact such abuse has on the victims' lives. This episode aims to shed light on the complex dynamics of abuse and the importance of understanding and addressing these issues.
We hope this discussion is both informative and empowering, especially for survivors of sexual abuse. Tune in to learn more about this case and the broader implications of abuse by those in positions of trust.
Welcome to the HJ Talks About Abuse podcast, brought to you by the abuse team at Hugh James. In this episode, Alan Collins, the head of the abuse team, along with his colleagues Kathleen Hallisey and Hannah Hodgson, delve into the unsettling case of Reverend Julian Wheeler, a former Church of England clergyman recently convicted of sexually abusing two altar boys.
We discuss the legal concept of vicarious liability and its implications for organisations in cases of abuse. This episode highlights how the misuse of power by individuals in positions of authority, such as priests, can lead to severe consequences for victims. We also explore the broader issues faced by survivors, including the impact of mandatory reporting and the complex dynamics within faith communities that can hinder justice.
Join us as we examine the importance of safeguarding, the challenges of mandatory reporting, and the profound need for support and empowerment for survivors of clergy abuse. We hope this discussion not only informs but also encourages those affected to come forward and seek help.
Thank you for listening to this episode of HJ Talks About Abuse. You can subscribe to our podcast on iTunes, Spotify, or your favorite podcast player. If you'd like to speak to us about something you've heard today, we'd love to hear from you.
In this insightful episode of the HJ Talks About Abuse podcast, the host Alan Collins, partner at Hugh James, and his colleague Danielle Vincent come together to discuss the pressing issue of sexual abuse allegations within the Royal Navy. This frank dialogue is sparked by recent media coverage around a whistleblower, Sophie Brook, a former Royal Navy submarine naval officer, who courageously brought to light the inadequate handling of her own sexual abuse allegations.
Alan and Danielle explore the unique dynamics within military institutions, struggling to differentiate between initiations and inappropriate, harmful behavior. They delve into the complex world of the armed forces, a historically male-dominated environment, and the challenges that survivors of sexual abuse face in this context. The hosts underscore the need for transparency and independent report handling in the armed forces. Furthermore, they highlight the negative implications these issues could have on recruitment and the lives of promising service people.
Join Alan and Danielle as they examine the closed world of the military, highlighting experiences that have led to significant change, and call for greater action to ensure the safety and dignity of all service people.
In this episode of the HJ Talks About Abuse podcast, the hosts, Alan Collins and Danielle Vincent discuss the Northern Ireland redress scheme. This scheme was established as compensation for adults who suffered abuse while they were children in the care system in Northern Ireland between 1922 and 1995. The scheme was initiated by the UK parliament on the basis of several recommendations. The Redress Board in Northern Ireland administers this compensation scheme.
Danielle and Alan delve into why they decided to discuss the Northern Ireland redress scheme in this podcast episode. They share their experiences working on the scheme for almost two years, emphasising on the significant settlements they achieved for their clients. Danielle illustrates how these cases often involve large families, shedding light on the pervasiveness of abuse in the care system.
They stress on the importance of awareness around such schemes. Alan points out that several individuals eligible for these schemes often miss out due to lack of knowledge about them. They urge organisations working with abuse survivors to be well-informed about these schemes to inform those who could potentially apply. The conversations emphasise the need for wider publicity, education, and training for the success of such schemes.
The hosts also share their experiences working on redress schemes globally, including the Jersey, Lambeth and in Australia. They explain how such schemes often offer survivors more accessible justice compared to court proceedings. In the concluding segment, they highlight that the deadline for the Northern Ireland redress scheme is approaching, advocating for survivors, or their family members to apply if eligible.
The hosts encourage listeners to contact them should they have any questions about the podcast or need assistance applying to the scheme.
Delve into the themes of 'Baby Reindeer', a riveting Netflix series, with Danielle and Hannah in the H.J. Talks About Abuse Podcast. This episode presents a thoughtful discussion about the serious issues portrayed in the TV series, which include sexual abuse, stalking, and broader issues faced by survivors of such traumas. As legal experts, Danielle and Hannah also explore the legal aspects surrounding these issues.
They talk about the power dynamics, the stigmatization, and the barriers to reporting such incidents, particularly for gay and bisexual men. Listeners are warned about potentially upsetting themes. At the end of the podcast, they emphasize the importance of seeking support and help. It's a powerful discussion not just for survivors of abuse, but for all audiences to broaden their understanding and empathy towards such grave issues.
A numbe rof support services:
- Services - Safeline - Believe in you - Surviving sexual abuse & rape
- 1in6 | Sexual Abuse of Boys & Men - Confidential Support
- www.survivorsuk.org/
- Support For Male Survivors - MSP - The Male Survivors Partnership
- Rape Crisis England & Wales
In this engaging podcast episode, Alan Collins, head of the abuse team at Hugh James Solicitors, dives into the alarming issue of child sexual exploitation via technology, particularly focusing on the startling fact that children as young as three are being embroiled in online sexual abuse. Collins discusses a recent report by the Internet Watch Foundation, which confirms the horrifying extent of this crisis.
Alan asserts that this isn't just an issue for governments, law enforcement, or social media platforms—it's a concern for all of us as a society. He explores how this exploitation often intersects with other criminal activities, such as drug smuggling, and underlines the enormous financial motivations behind these deplorable acts.
The podcast further delves into the role of technology, with Alan questioning how young children gain access to it and the inherent risks exposed. Alongside this, he discusses the vital importance of education in identifying and understanding these risks and denotes how media potentially amplifies these problems by presenting unrealistic lifestyles and behaviors that young people tend to emulate.
Finally, he emphasises the imperative of listening to survivors of abuse to better comprehend the devastation caused by this menace and find effective ways to prevent history from repeating. Keeping in mind the dire consequences, Alan underscores the need for collective action and conscious effort to eradicate this atrocious practice from our society.
Welcome to the latest episode of the HJ Talks Abuse podcast where we discuss sexual abuse cases to facilitate discussion on often neglected subjects. Brought to you by the legal experts at Hugh James, we aim to not just address these cases from a legal standpoint but also bring to light to broader issues suffered by survivors of sexual abuse.
In this week’s episode, we discuss mainstream soap EastEnders storyline that follows the sexual assault of an older female character perpetrated by a trusted religious figure who is in a position of trust.
Our hosts for the day, Danielle Vincent, Kathleen Hallisey, and Hannah Hodgson initiate the conversation with a trigger warning, as the episode touches upon sensitive themes like sexual assault, abuse, and religion. Hannah takes the lead in examining the upcoming narrative which features the sexual abuse of an older female character named Yolanda by a pastor, Clayton. The motives behind choosing such a storyline were to shatter the stereotypical image that only younger women are subject to rape and sexual assault. A spin-off of this storyline also indicates an overlooked aspect of positional abuse.
We also discuss the 'Chilling Silence Report' by SARSAS, which delves into the unexplored area of sexual violence against older women. We discuss how this report untangles the societal and cultural factors preventing older women from reporting sexual abuse cases, which is often downplayed or normalised due to ageism or existing stereotypes. The hosts opine that these challenging storylines could spark conversations within families, causing a ripple effect of awareness throughout society.
A crucial outcome of this discussion is the encouragement of victims to seek support, as well as to get in touch with Rape Crisis England and Wales – the organisation that specialises in this regard.
If you have any suggestions or inquiries related to this issue or future podcasts, feel free to get in touch. For more on this topic, you can find referral links in the blog.
Welcome to the latest episode of the HJ Talks Abuse podcast where we unpack sexual abuse cases to facilitate discussion on often neglected subjects. Brought to you by the legal experts at Hugh James, we aim to not just address these cases from a legal standpoint but also bring to light to broader issues suffered by survivors of sexual abuse.
In this episode, host Alan Collins, the partner heading the abuse team at Hugh James, is joined by expert colleague Danielle Vincent. They discuss an important, often overlooked aspect in these cases - the apology. However, listener discretion is advised as the sensitive nature of the content could be distressing for some.
This episode delves into the complexity surrounding apologies in the aftermath of sexual abuse. The UK Ministry of Justice has initiated a consultation paper concerned with the the legal ramifications of apologies in civil proceedings and whether reform is needed. The hosts explore how apologies, considered a significant part of the legal landscape, can impact the course of a case and the survivors' healing process.
Dani and Alan delve deeper into the intricacies surrounding apologies and their legal implications, the reactions of survivors, and complexities tethering apologies to liability. The conversation also includes a brief look at the legal approach to apologies in jurisdictions like Scotland, Hong Kong, and Northern Ireland. Lastly, the hosts relay urgent concerns about the proposed changes and urge listeners to remain engaged and contribute to the consultation paper.
On this week’s episode of the HJ Talks About Abuse podcast, our host Danielle Vincent discusses failings in child safeguarding and the lack of training available with special guests Lucy McCollum and Amy Lott.
Lucy and Amy have founded Safeguarding First, a charity that provides safeguarding training.
We discuss the need for safeguarding training and how this could not only prevent abuse taking place but provide guidance on whistleblowing/reporting.
Specifically founded with a mission to refine safeguarding practices across the UK, Safeguarding First aims to provide training to both individual and organisations, with both the option for virtual training or a further bespoke package for a particular organisation’s needs. Drawing from their own lived trauma, Lucy and Amy highlight the need for thorough training for parents, volunteers, and professionals entrusted with the care of children.
Lucy and Amy introduce Safeguarding First’s forthcoming online courses designed to empower every listener to deal responsibly with situations of suspected abuse. Both highlight how vital it is to ask uncomfortable questions, follow strict processes, and report even minor suspicions, making children's environments more secure and empowering individuals with resources for appropriate help.
The episode concludes with an encouraging call-to-action for listeners to actively participate in designing future courses and to support Safeguarding First’s fundraising efforts. As part of their expansion and outreach efforts, they also highlight the launch event scheduled in October 2024.
This podcast affirms the paramount importance of each individual's role in protecting children from abuse and calls for collective efforts toward ensuring child safety nationwide. You can learn more about Safeguarding First’s crucial initiative by visiting safeguarding1st.com or by emailing lucy@safeguarding1st.com
Join Danielle Vincent and her colleague Kathleen Hallisey on the HJ Talks About Abuse podcast, sponsored by the abuse team at Hugh James, as they welcome guest Tanith McCulloch, the Sibling Sexual Abuse Project Officer. This particular episode aims to shed light on the seldom-mentioned issue of sibling sexual abuse, offering insights from a survivor-led project aimed at empowering survivors and addressing the legal implications and broader issues they face.
Tanith McCulloch introduces her notable work in driving funding towards programs aimed at adult survivors of familial sexual abuse. www.siblingsexualabusesupport.org
A major part of the conversation focuses on society's lack of understanding and the associated stigma surrounding sibling sexual abuse, emphasising the crucial need to empower survivors.
There is discussion about the new Hollyoaks storyline focusing on sibling sexual abuse between Frankie and JJ, the guidance that Tanith and her team have provided to Hollyoaks, and the importance of a major mainstream soap opera highlighting this hidden abuse.
Recognising the significance of community support, a virtual network exclusive for adult survivors of Sibling Sexual Abuse (SSA) is discussed. Professional development opportunities for professionals in this field, guided directly by survivors, is another vital segment of the project. The episode wraps up with a crucial discussion defining sibling sexual abuse, tackling cultural misconceptions, and elucidating the importance of survivors' feelings towards abusive experiences, irrespective of societal-defined thresholds of abuse.
Intended as an informative resource for anyone touched by or working in the field of sexual abuse, this episode is an eye-opening encounter with the reality behind the silence of sibling sexual abuse. This survivor-led dialogue works towards breaking the stigma by bringing the issue out in open.
You can find further support and resources here:
- www.siblingsexualabusesupport.org
- Rape Crisis England & Wales - 24-hour telephone line 0808500222
- lucyfaithfull.org.uk
- Stop It Now | Preventing child sexual abuse
- siblingsexualtrauma.com in America
In this week's episode of HJ Talks About Abuse, hosts Kathleen Hallisey and Hannah Hodgson delve into the nuances of a controversial campaign addressing sexual consent. Aptly titled "I'm Asking For It," the campaign, fronted by Emily Atack and orchestrated by CPB London and Right to Equality, aims to push for an overhaul of legal regulations surrounding sexual offences and promote the affirmative consent model. The hosts critically analyse this campaign and its potential implications for survivors, the legal system, and societal perceptions surrounding consent.
The hosts outline the campaign's aim of challenging the status quo in the realm of sexual consent - moving from ambiguities and the concept of "implied consent," to a more explicit, affirmative model where unequivocal consent is required. As they dissect the campaign, they highlight its timing and relevance, released near International Women's Day, reflecting the ongoing struggle for women's safety, rights, and acknowledgment of sexual abuse.
They further probe into the paradigm shift that the new proposed consent model would bring about, not only legally, but also in the dynamics of sexual interactions. This includes the prospect of every sexual activity needing explicit consent, a change that would render previous "grey areas" obsolete, thus empowering survivors and reducing instances of victim-blaming.
By bringing to the table issues of cyber flashing and cyber sexual harassment, Emily Atack's involvement and the public response, they dissect different facets of this contentious campaign. Kathleen and Hannah underscore the urgent need for a more assertive and clear legislation on consent, in response to the challenges faced by survivors and the uncertainties present in the current law. The episode ends on a hopeful note, reinforcing HJ Talks About Abuse's commitment to discourse on survivor empowerment and consent, and promising to keep listeners updated on developments related to the campaign.
In this episode, we delve into the serious issues brought forward by the tragic Sarah Everard case. The story of Sarah Everard, a victim of former police officer Wayne Cousins, confronts us with the frightening reality of sexual abuse committed by rogue police officers within the very institution meant to protect us. We explore this dreadful case in detail, focusing on the problematic systems that allowed Cousins to become and remain a police officer.
Given the disturbing nature of this discussion, listeners are cautioned that this topic might be upsetting. For those who are ready, we encourage you to join us as we unpack the concerns surrounding Wayne Cousins' employment and the broader implications of this issue within the police force.
We understand that these cases can be quite distressing and heartbreaking. Still, we believe it is crucial to bring these subjects to light for changes to be made. In this case, discussion topics revolve around the recruitment, vetting, and monitoring processes of police officers as well as the culture within the police force.
From our point of view, a legal minimum standard must be set and mandatory for the recruiting, vetting, and monitoring processes of police officers. By ensuring this, we hope to prevent future cases like the devastating case of Sarah Everard.
Lastly, we hope this podcast serves as a reminder to all victims of sexual abuse to understand that they have legal rights. They deserve to be supported and heard, and they have the right to seek accountability and compensation for the damage they have suffered.
Welcome to this insightful podcast brought to you by Alan Collins, the head of the abuse team at Hugh James. As he explores the current stance on child abuse reporting, he dives into the necessity of mandatory reporting and the implications of non-enforcement. Alan underscores the need for a law that requires individuals aware of child abuse to report the incident to the police or relevant authorities.
Alan discerns the substantial gaps in the existing system, noting that the majority of Western countries have enforcement laws, but a large portion have no legal obligation to report child abuse. He refers to a publicized Home Office announcement, revealing the introduction of new legal requirements for those in positions of responsibility to report known child sexual abuse.
Through the discussion, Alan expresses his concerns about the current arrangements. He encourages rigorous reporting of any suspicions or concerns about child abuse, stating that waiting until after abuse has been confirmed equates to shutting the stable door after the horse has bolted.
Drawing from experience, Alan elaborates on the real-world repercussions of neglecting to report child abuse and observes the lack of accountability evident in public failure. As a solution, he advocates for the establishment of more effective mandatory reporting laws that would bring about significant culture changes, minimizing future instances of abuse.
Alan concludes the podcast by voicing his intention to bring up this issue again at Parliament in the following month and continues to hope for decisive strides in establishing more beneficial laws governing mandatory reporting of child abuse. He makes the point that these laws should cover a wide range of adults working with children and not be exclusive to teachers and health professionals.
If you found this podcast informative, and wish to share thoughts, questions or suggestions for future podcasts, please reach out. We, at Hugh James, are always open to hearing what you have to say. Thank you for your time!
Join us on the latest episode of HJ Talks About Abuse as we delve into a pressing issue impacting survivors of sexual violence in the UK. In this episode, we explore the disturbing dilemma faced by victims: the choice between seeking therapy for healing or risking the use of their therapy notes against them in court proceedings.
Drawing from a recent article by inews.co.uk, our hosts navigate the complexities of this issue, shedding light on its profound implications for survivors' mental health and pursuit of justice. Through survivor accounts and alarming statistics from the National Counselling and Psychotherapy Society, we uncover the widespread impact of this troubling reality on survivors' access to crucial support services.
Tune in as we discuss the calls for legislative change, including Amendment 115 to the Victims and Prisoners Bill, aimed at prohibiting the use of therapy notes in rape cases. We examine the challenges faced in balancing survivors' rights to privacy and justice, and the urgent need to prioritise their well-being.
In this episode, survivors and advocates share their perspectives, emphasising the critical importance of centring survivors' voices in shaping policies and practices. As discussions continue and calls for action grow louder, we explore the path forward towards ensuring that survivors receive the support and justice they deserve, without compromise.
Don't miss this compelling episode of HJ Talks About Abuse, where we confront difficult truths and advocate for meaningful change in addressing systemic issues surrounding sexual violence.
This week we catch up with Lucy and Sheanna – two of the co-founders of “Yours In Scouting”. We discuss the progress since we last spoke 6 months ago and how the Scouts have responded to the campaign.
We talk about what has been learnt along the way and what is next for Yours In Scouting.
Anyone interested in providing a testimonial or signing the petition can find more information here www.yoursinscouting.org
We recorded the last one June/July 2023 so we can use the original blurb and this as an add on if above is a bit light!
Welcome to "HJ Talks About Abuse," where we confront the uncomfortable truths surrounding exploitation and injustice. In this gripping episode, hosts H and J delve into the harrowing saga of the Rochdale Grooming Scandal, a tragic tale of systemic failures and unimaginable suffering.
For years, vulnerable children in Rochdale, Greater Manchester, were subjected to the depravity of grooming gangs who exploited their innocence with drugs and alcohol before subjecting them to horrific abuse. Despite repeated warnings and desperate pleas for help, statutory agencies like Greater Manchester Police and Rochdale Council failed to intervene effectively, leaving children to endure unimaginable trauma.
The recent independent review, commissioned by Greater Manchester Mayor Andy Burnham, has laid bare the extent of these failures, highlighting a culture of neglect and incompetence that allowed perpetrators to operate with impunity. Despite the bravery of whistleblowers like Sara Rowbotham and Maggie Oliver, justice remained elusive for many victims, with their voices silenced by a system that prioritised reputation over protection.
Join us as we dissect the findings of the Rochdale Grooming Scandal, exploring the urgent need for accountability and reform within our systems of child protection. Through candid conversations and expert insights, we shine a light on the darkness, amplifying the voices of survivors and demanding justice for the wronged.
Listen to "HJ Talks About Abuse" as we navigate through the complexities of the Rochdale Grooming Scandal, advocating for change and standing in solidarity with those who have been betrayed by those meant to protect them. #RochdaleScandal #ChildProtection #Justice 🎙️
In this episode of HJ Talks About Abuse, the team discusses a deeply disturbing case that has shaken the community, Ako Hussain Pur, a 32-year-old tradesman, has been convicted and sentenced to seven years in prison for the sexual assault of a six-year-old girl in her own bedroom. The horrifying incident took place while Pur was carrying out building work at the family's home in Sheffield.
In this week's episode, the abuse team are dedicated to unraveling the layers of abuse, discussing its impact, and fostering conversations that empower survivors. In this episode, we delve into a recent case that has shocked communities – the sentencing of former social worker Raymond Poyner for historic child sexual abuse.
Hosts guide listeners through the harrowing details of Poyner's predatory actions, examining the profound and lasting effects on his victims. Explore the emotional testimonies, as survivors, now in their 50s, share the indelible marks left by the abuse, and how they navigate life in the aftermath.
The podcast confronts the societal implications of abuse within institutions, shedding light on the urgent need for vigilance and accountability. Hear from experts as they discuss the judicial response, analysing how Poyner's case fits into the broader context of addressing abuse and its prevention.
In "HJ Talks About Abuse," we aim to create a safe space for conversations that matter. Join us as we amplify the voices of survivors, provide insights into the legal aspects of abuse cases, and encourage a collective call to action for justice and healing.
Trigger Warning: This episode contains discussions about child sexual abuse. Listener discretion is advised.
In this week's episode, the abuse team embark on a riveting journey into the uncharted territories of the metaverse with "Virtual Reality Sexual Assaults: Police investigate virtual Sex Assault on a Girl's Avatar," a groundbreaking podcast that delves into the legal, ethical, and societal challenges emerging in the world of virtual reality (VR) and the metaverse.
We explore a recent and unprecedented case that has sent shockwaves through the virtual landscape—the first reported incident of virtual sexual assault on a young girl's avatar. Join us as we unravel the details of this disturbing case, examining the implications it holds for the future of policing in virtual spaces and the urgent need for legal reforms.
Our expert guests, including legal professionals, tech industry insiders, and advocates for virtual safety, provide insightful perspectives on the complex legal jurisdiction issues arising in the metaverse. We discuss the potential for legal changes to address sexually motivated attacks in virtual worlds and the responsibility of tech companies to implement effective protective measures.
Get ready to hear firsthand accounts from victims, shedding light on the emotional and mental toll of virtual crimes. We explore the statistics surrounding virtual harassment, drawing attention to the pressing need for industry-wide responses to ensure user safety.
As we navigate the social and ethical landscape of the metaverse, our podcast invites you to ponder the delicate balance between freedom of expression and the prevention of harm in virtual environments. Join the conversation, stay informed, and explore the virtual frontiers with us on "Virtual Frontiers Unveiled."
Subscribe now for thought-provoking discussions, expert insights, and real stories that unravel the complexities of the metaverse. Virtual reality has opened up new realms of possibilities, but it's time to address the darker aspects and ensure a safer digital future for all.
In this week's episode, the abuse team discusses the implementation of the Online Safety Act, which was recently passed in Parliament with the aim of protecting children from pornography through online age checks.
In this episode of HJ Talks About Abuse, the team discusses the recent episode of Channel 4's 24 Hours in Police Custody, which focuses the harrowing case of Loui Cadman, who filmed a woman urinating without her consent before raping her in an alleyway.
In this week’s podcast the Abuse Team discusses sexual assaults on public transport and do so in the wake of the widely reported case of the rape committed on London Underground in front of passengers.
In this week's episode, the Abuse Team discusses the recent headlines surrounding sex offenders using aliases when claiming benefits or applying for work upon their release from prison.
In this week's episode, the Abuse Team discusses the increasing use of AI by paedophiles to create child sex abuse images, and how the Online Safety Act aims to hold social media platforms more responsible for the content published on their platforms.
In this week's episode, the Abuse Team discusses The University of New South Wales' recently published report on child sexual offending behaviour and attitudes among Australian men.
In this episode, the team discusses Sailor James Carnegie, who has recently been jailed for six years at Truro for raping a female colleague on bard a Royal Navy ship while overseas.
In this episode, the team discusses the recent reports that have surfaced uncovering decades of alleged child sexual abuse within the Plymouth Brethren Christian Church.
In this week's episode, the abuse team discusses the subject of sexual abuse in schools, prompted by the recent headlines surrounding an ex-boarding school employee who has been jailed for 27 years following sexual offences he committed against students.
In this week's podcast, the abuse team discusses the ongoing issue of sexual harassment on the railway. In recent times, it is sadly not uncommon to see many headlines involving sexual harassment and assaults that have taken place on trains and underground lines across London and the rest of the UK.
In this week's episode, the abuse team discusses the recent inquiry into Jaysley Beck's death after she took her own life following an intense period of sexual harassment behaviour by her boss within the military.
In this week's episode, the abuse team discusses the recent investigations surrounding allegations of sexual misconduct by the ex-CEO of Abercrombie & Fitch and his partner. They were allegedly exploiting men at sex events they hosted around the world.
In this episode the team discuss the subject of sexual abuse in medical settings, as female surgeons report being sexually harassed, assaulted and raped by senior male surgeons in the workplace.
In light of the recent allegations against comedian and actor Russell Brand, the abuse team have a conversation about how the comedy industry uses humour to abuse and silence women, and has done so for many years.
In this episode, the team discusses the launch of the new tagging scheme that is being launched in the East and West Midlands, to protect victims of abuse from perpetrators when released from prison.
In this latest podcast the team discusses the recent ex-scout leader who has been convicted for sexually abusing two children at a scout camp.
In this week's episode, the team discusses the upcoming storyline in Emmerdale regarding the well-known character Lydia Dingle's rape storyline, played by Karen Blick.
In this week’s episode of HJ Talks about Abuse, the team discusses the recent case of a Royal Navy commander who put his hand down female sailor's pants on train ride back from day trip to Amsterdam is jailed for 10 months for sexual assault. As a result of this and similar cases, two independent studies have concluded military police and military courts should not be handling these cases, it should be the civilian police and the civilian courts. Our thoughts.
In this week’s episode of HJ Talks about Abuse, the team discusses rape trials and convictions, in particular a headline that has been in the press recently regarding Avon and Somerset Police’s new ‘whole story approach’ named ‘Operation Bluestone’, aimed at increasing rape prosecutions.
In this week’s episode of HJ Talks About Abuse, Danielle and Hannah from the Abuse team discuss the recent headlines surrounding a sexual predator who posed as an Uber driver to sexually assault women.
Imagine a remote area in Wyoming, USA, with vast forests and snow-capped mountains. Wind River, a film inspired by true events, delves into the dark world of violence and sexual abuse faced by American Indian women in this very region. The movie portrays the heartbreaking story of two teenage American Indian girls who fall victim to sexual abuse and murder, shedding light on an endemic issue affecting Native American and Alaskan Native women. Shockingly, according to a Department of Justice study, 84% of them have experienced some form of violence, while 56% have endured sexual violence.
The film highlights how abuse can thrive in such isolated communities, where remoteness, a small police force, and negative attitudes towards victims create a breeding ground for violence. Moreover, themes of drug abuse, homelessness, and poverty add to the complexities that perpetuate this tragic cycle. While Wind River's portrayal is uncomfortable and hard-hitting, it draws attention to a harsh reality that cannot be ignored.
In this week’s podcast, the Abuse team discuss some recent headlines involving Kevin Spacey’s not guilty verdict for sexual abuse allegations, and Andrew Malkinson’s overturned conviction after spending 17 years in prison for rape that he did not commit.
This is the second part of the interview with founders of Yours in Scouting, Sheanna Patelmaster and Lucy Pincott. They debate on the effectiveness of mandatory reporting, mass safeguarding training for Scout leaders and provide advice for survivors who are thinking of disclosing their abuse.
In a first episode of two parts, Alan and Danielle speak with Sheanna Patelmaster and Lucy Pincott founders of Yours In Scouting about the reasons for setting up this website and current campaign following their abuse by scout leaders.
In this week's episode of HJ Talks About Abuse, the team discusses The difficulties for the child or parent/guardian in disclosing sexual abuse.
In this week's episode the abuse team discuss various cases of sexual misconduct in the workplace, after an ex-Director of a law firm was recently struck off the role for sexual harassment in the workplace.
In this episode, the team discuss various cases of sexual misconduct, including an ex-Director of Gowling law firm who was recently struck off the role for sexual misconduct in the workplace.
In this week's episode, the abuse team discuss ‘I’m Tired of This’ - a recent campaign calling for an end to sexual abuse and harassment of women and girls exercising in public across the West Midlands.
This week, the abuse team discuss a recent trial, where a New York jury has found against ex- US President Donald Trump and in favour of the plaintiff E. Jean Carroll and awarded her $5m in damages.
This week the team discuss the topic of secondary victims, and how the law does not see the family of a survivor of child sexual abuse as a victim and so cannot be compensated.
This week the Abuse team discuss the recent conviction of Richard Taylor, a primary school teacher from Nottingham.
In this week's episode, the abuse team discuss a woman's experience of discovering her father, who sexually abused her, is being released from prison while identifying as a woman.
In this episode, the abuse team discuss the challenges facing gay and bisexual men who have experienced sexual abuse by their partners, and face barriers to accessing support.
In this week's episode, the abuse team discuss their recently completed sponsored walk raising monies for the charity New Pathways.
In this week's episode of HJ Talks About Abuse, the team discuss the disturbing amount of sexual abuse incidents in various children hospital units. Over a thousand incidents have been recorded over 4 years, according to NHS statistics.
In this week's episode, the abuse team discuss the recent headlines surrounding vape shops being used as gateway to child exploitation.
In this episode, the team discuss the recent sentencing of Stephen Bear received for his convictions in relation to revenge porn and the recent documentary ‘Georgia v Bear' which aired on ITV.
In this episode, Alan talks with Roland Angerer from Child Fund which is a global community of people who care about children, and take action to help them live at their fullest potential at every stage of their lives.
In this week's episode, the abuse team discuss the epidemic of missing sex offenders, as hundreds across the UK slipped off the radar of police in a three-year period.
This week, the abuse team discuss a recent headline in the BBC which discusses a vicar from Solihull who failed to disclose to the Church of England her husband's sexual abuse of children, which led to her being barred from the ministry.
This week Danielle Vincent speaks with Justin Levinson, counsel from 1 Crown Office Row on the recently published case of FGX v Gaunt, where the claimant brought a civil claim against her ex-partner, after she discovered he had set up a secret camera in their bathroom and had filmed her without her knowledge.
In this week’s podcast, the abuse team discuss recent headlines by the BBC, which have revealed cases of sexual abuse on British-owned tea farms in Kenya.
This week, the abuse team discuss a mother's quest for justice in India after her daughter was raped by her school teacher who then faked his own death to avoid being prosecuted.
Are scenes involving sexual violence actually necessary to the plot — is it worth triggering viewers and trivializing sexual violence simply for character development? The abuse team discuss in this episode.
In this episode, the abuse team discuss the new data by the MET police that reveals the extent of sexual violence in London hospitals. This includes sexual abuse by patients, doctors, nurses and other staff members.
In this week’s podcast the abuse team discuss the Doncaster care homes child abuse scandal, as three care homes are investigated for physical abuse, sexual abuse, violence, neglect and emotional abuse.
In this week’s podcast the abuse team speak with Gaynor McKeown, CEO of Rape and Sexual Abuse Support Centre North Wales (RASASC), and discuss their first mobile therapy unit in the UK.
The abuse team headed out to see London West End’s new play by Aaron Sorkin and directed by Bartlett Sher ‘To Kill a Mockingbird’ at the Gielgud Theatre based on Harper Lee’s famous and award-winning novel. They discuss the themes of the play.
This week 24 Hours in Police Custody episode theme is centred around a missing person's case, which quickly escalated into an alleged 'sexual grooming and multiple abuse' case when the survivor told her story.
This is the second of two parts of Alan's interview with Mark Kavanagh, child protection and sexual exploitation researcher. They discuss self-generated sexual content involving children, that can bring up lots of complexities and questions.
Stephen Bear was recently found guilty by unanimous verdicts of two counts of disclosing private sexual photographs and films with intent to cause distress and voyeurism. The team discuss the case and the lessons that, perhaps, ought to be learnt from it.
Alan interviews Mark Kavanagh, a child protection and sexual exploitation researcher based in Thailand. They talk about the risks of online child sexual abuse and the development of a training program for parents and young people regarding online safety for South-east Asian countries.
The team discuss the luxury fashion brand Balenciaga that has been in the news this week for a campaign they released involving children that have links to bondage, child abuse and demonic themes.
The team take a look at Hollyoaks’ recent story line ‘The Long Walk Home’, the Home Office’s ‘Enough’ campaign and Loreal’s recent harassment campaign, which have the issue to the forefront of media attention over the past few weeks.
The recent release of the ‘She Said’ movie, that provides an imperative account of Harvey Weinstein abuse has brought significant attention to the subject and has allowed victims the opportunity to speak up about their own stories.
In this week's podcast, the abuse team talk about Snapchat and the problematic nature of the social media platform which has in turn been allowing predators to exploit minors for sexual gratification very easily.
In this week’s podcast Alan talks with Dana Leslie, a Dundee graduate who has won an international award for artwork inspired by women's experience of sexism, harassment and gender-based violence.
This is the second part on The Independent Inquiry into Child Sexual Abuse (IICSA) report, published on 20 October 2022. They discuss IICSA recommendations for reform of the Limitation Act 1980, the appointment of a children’s minister, and a redress scheme.
In this week's episode of HJ Talks About Abuse, the team discuss the recent The Independent Inquiry into Child Sexual Abuse (IICSA) report, published on 20 October 2022.
In this week's episode of HJ Talks About Abuse, the team discuss the recent The Independent Inquiry into Child Sexual Abuse (IICSA) report, published on 20 October 2022.
This week the abuse team discuss the Scottish Redress Scheme, a scheme that has just gone live for applicants to claim compensation if they were abused as a child in Scotland before the 1st of December 2004.
The abuse team discuss Clare’s Law, officially known as The Domestic Violence Disclosure Scheme (DVDS). It is named after Clare Wood, a 36-year-old woman who was murdered in 2009, by her ex-partner George Appleton.
In this podcast we discuss CSA and gender after Sussex Police was criticised by the home secretary for "policing pronouns" after it said it would not tolerate hateful comments about a child sex offender's gender identity.
This week Danielle and Kathleen discuss the Jesus Fellowship Redress Scheme, which was introduced on Monday the 26th of September. Applications are open until 31st December 2023 for victims to apply for compensation.
The team discuss ‘The Most Hated Man on the Internet’, an American Netflix series covering the story of Hunter Moore who began a revenge porn website called ‘Is Anyone Up’, which allowed anyone to anonymously upload nude photos along with personal information.
Alan, Kathleen and Danielle discuss a recent headline in the Associated Press in the US involving sexual abuse in the Mormon Church.
An untold story of Warren Jeffs Texas based religious closed community, the expose looked a bigamy, abuse and peadophilia.
Leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints. He had been head of the church since 2002 and imprisoned in 2011.
The documentary focused on the accounts of those who had left the cult and the impact on their lives.
Warren had 78 wives in which 24 of these were under 17. One of the people featured in the documentary was married to Warren at 14.
Discussion of a one woman play starring Jodie Comer who plays a criminal defence barrister who defends accused rapists and finds herself a victim of rape by a male colleague.
Danielle and Kathleen discuss the recent BBC investigation into Calcot Services for Children, which revealed reports of abuse including grooming and child sexual abuse.
Danielle and Kathleen discuss the recent headlines regarding abuse in the massage therapy and the increased dangers with home treatments.
Kathleen interviews a hero of hers, Ian Ackley, a survivor of abuse in football and an advocate for other survivors. Disclosed abuse survivor Ian Ackley describes not being believed when he first publicly disclosed his abuse in 1997, and how turned this devastating experience into a lifelong quest to support victims and survivors and raise awareness.
In the decades since his public disclosure, he has worked hard to recover from the trauma and just as hard to keep himself well. He has learned how to recognise himself as a multi-faceted person, who is not just a survivor, but also a father, partner, musician, carpenter and many others. And he has also learned how to respond when other professionals try to diminish his voice by labelling him as just a survivor.
Kathleen, Danielle and Feleena discuss the recent announcement of strike by the Criminal Bar Association. The abuse team discuss how the strike has come about and what the affect may be for survivors, both positive and negative, not only now but in the future.
Alan, Danielle and Feleena discuss the Oldham Report which has recently been published. The independent inquiry was set up after allegations circulated that Oldham Council was covering up child sexual exploitation. The report examined the way child sexual exploitation was tackled between 2011 and 2014 by the council and Greater Manchester Police.
Alan Collins Danielle Vincent and Feleena Grosvenor discuss Transport for London’s (TFL) recent campaign to tackle sexual harassment. TFL have placed posters within tubes with titles of “common” sexual harassment methods with a clear warning that it will not be tolerated.
The abuse team discuss the recent decision of the US Supreme Court to overturn Roe v Wade, which means abortion laws are now governed by the individual state, with some states banning abortion in all instances.
Alan, Danielle and Feleena discuss abuse in sport and the fact that it has hit the deadlines recently because of the “Whyte Review”. They discuss the first-hand account from Bridie Farrell, Former U.S National Speed Skater and sexual abuse survivor, at the recent Abuse Conference.
Kathleen interviews a hero of hers, Ian Ackley, a survivor of abuse in football and an advocate for other survivors. He discusses the value of his lived experiences to help provide support, interventions and a helping hand through the reporting process.
Danielle and Feleena discuss consent to medical treatment and the possible legal recourse to the same. They discuss its relevance to the recent Netflix documentary “Our Father” regarding a fertility specialist in who inseminated dozens of patients with his own sperm, without their knowledge or consent.
Danielle and Kathleen share their thoughts on the CPS's new advice on pre-trial therapy, and the fact that therapy notes are now able to be used as evidence in trial. They believe that personal information could be used to discredit the victim by the defence.
An interview with Danielle, a senior associate in the abuse team and a regular contributor to HJ Talks About Abuse. She discusses her career so far, the highs and lows of working in the field and the positive impact of TV dramas on survivors coming forward.
Kathleen and Feleena share their thoughts on the Scotland Redress Scheme, which was set up for survivors of historical child abuse in care in Scotland. They also explain the process of submitting an application.
Read the full story here: https://www.hughjames.com/blog/scotlands-redress-scheme-hj-talks-about-abuse
An interview with Alan, a regular host of HJ Talks About Abuse, and one of the best known and most experienced solicitors in the field of child abuse litigation. He discusses the high profile cases he’s worked on including the Jimmy Savile and Jersey abuse scandals.
Get to know our new senior associate, Kathleen Hallisey in the latest episode of the HJ Talks About Abuse podcast. Feleena and Kathleen discuss Kathleen’s passion for helping vulnerable people to combat institutional abuse, and her big move from the US to practice law in the UK.
Read the full story here: https://www.hughjames.com/blog/introducing-kathleen-hallisey
A discussion about the recent Hugh James/NSPCC Abuse conference specifically looking at Prof. Michael Salter's talk on issues of consent when victims appear to be 'enjoying' themselves.
In this podcast Alan Collins; Feleena Grosvenor and Danielle Vincent discuss the report out of Westminster concerning the drop in rape prosecutions.
The report recommends that in order to reverse the trend Specialist rape investigation teams should be installed in every police force in England and Wales.
Reported rapes are at an all-time high, while prosecutions fell by 70% in the past four years, MPs said.
Further that police investigations should be focussed on suspects as opposed to victims but what could that mean in practice? The Abuse Team point out that the burden of proof is on the prosecution. It has to prove the case beyond reasonable doubt and so it is curious as to how this would play out in practice? There have of course been high profile cases where there have been acquittals following emergence of evidence that discredited the prosecution case.
The Team discuss whether some fundamental issues have yet to be addressed for example consent which is not, perhaps, really understood by too many in society and indeed those in the justice system.
The question is asked by the Team whether there was better education on consent then maybe there would not be so many sexual assaults, and where there are a better conviction rate. What is jury supposed to do when what they are being told is all over the place? We know that victims can be so traumatised that they cannot speak let alone explain at the time and subsequently.
The MPs in their report said they were "deeply concerned" by reports victims were avoiding accessing mental health support because they feared records of their therapy sessions could be disclosed to the defence and used to undermine their case. They further said new guidance on pre-trial therapy should be published as soon as possible. The Crown Prosecution Service said it recognised many victims felt let down by the criminal justice process.
The team discuss the concern that there has always been that therapy records would be used by the defence to discredit the victim. We see this in civil cases. Defendants and their lawyers routinely seek sight of medical records. There are looking for something to use. This is very intrusive often unnecessary and there should be more judicial toughness on this than there has been.
New "fundamental principles" on pre-trial therapy published by the CPS say police must request specific information when requesting therapy notes for an investigation, not make "unfocused requests". And they say therapy notes must only be disclosed to the defence when they might be considered to undermine the prosecution case or help the defence.
The team wonder how that will help in practice? Supposing the defendant knows something of the victim’s past, but only a little detail which may or may not be relevant: could it be a fishing expedition?.
Of course people today live their lives to a significant extent on-line texting and dare we say it “sexting”. What may seem private and ok turns out later to be far more significant than thought of at the time.
Among the recommendations in the MPs' report were that:
- The government should make it clear that every police force should have a specialist rape investigation team, as at least 40% of forces in England and Wales currently do not
- Ministers should consider creating a dedicated commissioner to represent the interests of victims of sexual violence, or expanding the role of an existing commissioner
- More victims should be given independent legal advocates to support them with requests for personal data, applications to refer to their sexual history in court or applications to access records of their counselling or therapy sessions
- There should be greater support for long-term counselling and therapy
- Police must be given the funding to get the equipment and skills to ensure rape victims do not have their phones removed for evidence-gathering for more than 24 hours
The team conclude by remarking will be interesting to see how this pans out but we are all agreed that what is necessary is:
- Proper funding
- Education
- Better and meaningful support for victims
If you need any help or advice, please visit our Abuse website page.
In this episode of HJ Talks about Abuse, Alan Collins and Feleena Grosvenor discuss two very different cases which give rise to civil liability.
Mark Page
Mark Page is a former Radio 1 DJ and stadium announcer.
At the time of the offences, Mr Page worked as a managing director of armed forces radio station Garrison FM. He travelled to the Philippines regularly as part of this role and used it as a cover to meet young children.
Mr Page used webcam to contact victims before travelling to meet them in person in the Philippines.
He was convicted of two counts of abuse by using a webcam linking his home to the Philippines in 2016 and two more of offences while visiting the country in 2016 and 2019.
In this case, Mr Page tried to haggle down the price for a sexual encounter with a 13 year old boy and 12 year old girl from 3,000 pesos, around £44. He stated that the price was too expensive.
This case demonstrates significant pre-meditation and the abuse of a position whereby he could visit the Philippines without suspicion.
The Philippines is a place of poverty and it is estimated that 60,000 children in the Philippines have been forced into prostitution to survive.
The Hugh James abuse team have previously successfully pursued a case against a British citizen who travelled to the Philippines to commit sexual offences against children.
For those listening who work with victim’s who have been abused abroad, there may be a civil claim to pursue.
Hannah Harris
Hannah Harris was a teaching assistant in Hertfordshire.
Ms Harris has been found guilty of having sex with a boy who was a 14 year old pupil.
The case shows significant premeditation due to the fact that Ms Harris had contact with the boy’s parents and created a fictional story whereby she had a daughter who was the girlfriend of the boy she was abusing.
This case also illustrates an abuse of position. Ms Harris groomed the boy whilst at school and progressed matters outside of school.
Ms Harris’ actions give rise to civil liability, but it also raises the question of any liability of the school. In this case, we do not have enough facts to determine this but in general terms there are instances whereby a school will be liable for the abuse of its teachers.
For those listening who work with victim’s who have been abused by employees, there may be a civil claim to pursue and against an employer.
For those listening who work with victims subjected to similar offences, there may be a civil claim to pursue in the UK even if the abuse occurred abroad. There also may be liability of a school or other organisation depending on the circumstances. It is essential that you contact experienced legal representation to obtain legal advice. You can contact Alan Collins or Feleena Grosvenor at Alan.Collins@hughjames.com and Feleena.Grosvenor@hughjames.com.
Mark Page: Former Radio 1 DJ guilty of child sex offences - BBC News
Hoddesdon teaching assistant who had sex with pupil jailed - BBC News
Teaching assistant, 23, jailed after having sex with 14-year-old pupil in supermarket car park and pretending to be mother of pupil's fake girlfriend (gbnews.uk)
Does feeling physical pleasure while being abused equate to implied consent? In this episode, Alan and Prof Michael Salter this often taboo question.
It might be assumed that victim experiences of sexual violence are characterised by fear and pain, and while this is true for many, this is more complex than we like to think. Increasingly, sexuality research is recognising that people can desire and have a positive regard toward sexual encounters that they do not consent or agree to, however there is limited scholarship examining victim experiences of pleasure or arousal during sexual violence.
Alan and Michael discuss :
- How victim arousal or pleasure in the context of non-consensual sexual activity is often conflated with consent by victims, perpetrators and bystanders.
- Victims whose experiences of sexual violence are complicated by pleasurable physical or emotional dimensions can experience significant shame and self-blame, which inhibits disclosure and help-seeking.
- Sexuality education and sexual assault prevention strategies should recognise and address the distinctions between arousal, pleasure and consent.
The discussion is based on a research paper prepared by Prof Salter and Hyun Ji Shin which draws on a thematic analysis of 50 posts describing the experience of arousal and/or pleasure during sexual violence drawn from Reddit, the popular online discussion board. The findings highlight the importance of distinguishing between physiological arousal, psychological pleasure and consent, and the significant shame and self-blame of survivors who feel that an aroused or pleasurable response implicates them in their own assault. The paper closes by reflecting on the importance of distinguishing between consent, arousal and pleasure in sexual violence policy and practice, and recognising that arousal and pleasure are features of non-consensual as well as consensual encounters.1
Only by discussing such a difficult and sensitive subject might we be able to fully understand what consent means, and how damaging misconceptions and ignorance of the issue can be.
- Shin, H. and Salter, M. (2022) Betrayed by my body: survivor experiences of sexual arousal and psychological pleasure during sexual violence, Journal of Gender-Based Violence, vol XX, no XX, 1–15, DOI: 10.1332/239868021X16430290699192
In this podcast Alan talks with Antonia Sobocki who is heading the LOUDfence campaign in the UK.
This campaign has had great success in raising awareness of child abuse around the world but somehow missed the UK which Antonia aims to rectify. She explains how it started in Australia and how she is now successfully spreading the campaign throughout the country.
The campaign ties ribbons and messages in public places to raise awareness of child abuse and Antonia tells how a survivor was moved to tears when seeing the tag with her name and age when she was abused that Antonia had tied onto railings for her.
We thought listeners might be interested to hear about the project and may also wish to have their abuse acknowledged in the same way.
We hear how Antonia was motivated to take positive action having experienced in her church disengagement with victims and survivors of childhood sexual abuse in the face of serious allegations, and successful prosecutions of abusers. She talks of her experience in how culture encourages rejection of survivors, but how this might be changing in light of campaigns such as LOUDfence, and how church leaders see the need for engagement
You can see some of the ribbons that Antonia has made on twitter (@ASobocki) and also a bit more about the project here https://survivorsvoices.org/activism/loudfence/.
In this podcast Alan Collins discusses with Mark Kavenagh from ECPAT on-line child abuse in Uganda in the wake of new research delivered by ECPAT, INTERPOL, and the UNICEF Office of Research – Innocenti, funded through the End Violence Partnership’s Safe Online Initiative, Disrupting Harm in Uganda is an evidence-led report that outlines the harrowing realities of online child sexual exploitation and abuse in Uganda.
Key findings in the Disrupting Harm in Uganda report include:
- Boys and girls were equally likely to experience online child sexual exploitation and abuse. The survey of 1,016 internet-using children found that similar proportions of boys and girls are subjected to differing forms of online child sexual exploitation and abuse, such as grooming or being offered gifts or money in exchange for sexual images or videos.
- 98% of official reports of sexual offences to the Uganda Police Force were made by girls. Only 2% of official reports in defilement cases were made by boys between 2017-2019. As boys are experiencing online child sexual exploitation and abuse at the same rate as girls, this may suggest that boys are not reporting their abuse.
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Too many children are not reporting for fear of stigma or belief it will not lead to change.
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- 1/3rd of children surveyed in Uganda who had experienced online child sexual exploitation and abuse did not tell anyone about their experiences.
- Common reason for not reporting incidents of online child sexual exploitation and abuse was "not knowing where to go or whom to tell."
- 10% of the surveyed children were offered money or gifts for sexual images or videos of themselves in the past year. 31% of those children didn’t tell anyone about it.
- 9% of children surveyed said that they had sexual images of themselves shared without their consent in the past year. This represents approximately 215,000 children in Uganda.
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Child advocate professionals said victim blaming by the police sometimes deterred children from reporting.
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- Law enforcement, the justice system, and social services lack awareness, capacity, and resources to respond to cases of online child sexual abuse and exploitation. Some important online child sexual exploitation and abuse-related legislation, policies, and standards are not yet enacted in Uganda.
- Some children interviewed for Disrupting Harm in Uganda said that reporting processes were re-traumatising because children were required to re-tell their traumatic experiences throughout the process.
- In Uganda from 2017 to 2019, our interviews illustrated that children were rarely able to bring cases to justice through the court system.
Alan and Mark discuss broader issues in society which may inhibit reporting.
The Disrupting Harm in Uganda provides actionable recommendations for the government, lawmakers, industry, and other actors in Uganda to strengthen the national prevention and response to this crime.
Key actions include:
- The Government of Uganda to adopt the National Plan of Action to prevent and respond to online child sexual abuse and exploitation.
- Develop education programmes with children that reflect their perspectives of online risks, and techniques they can use to keep themselves safe.
- Properly define and criminalise all forms of online child sexual exploitation and abuse.
- Review the Child Online Protection Handbook and disseminate it widely to ensure a common understanding of online child sexual exploitation and abuse.
- Accede to the Convention on Cyber Security and Personal Data Protection adopted by the African Union in 2014.
- Establish and maintain a connection to INTERPOL’s ICSE database. Adequately investigate international online child sexual exploitation and abuse referrals. Put an effective hotline in place with access to hotlines in other countries.
- Develop detailed ethical guidelines for police on how to interview children. Ensure that both specialised male and female officers are recruited and available whenever required.
- Develop guidelines on child-friendly and victim- friendly justice. Guarantee that child victims do not have to face offenders in court, and that online child sexual exploitation and abuse cases are heard without undue delays.
- Legally oblige internet service providers to retain data, filter/block/take down child sexual abuse materials and comply promptly with law enforcement requests for information.
Alan and Mark also discuss and explore what other countries can learn from the Ugandan experience and, also, about how e can learn from survivors.
About Disrupting Harm
In early 2019, the End Violence Partnership, through its Safe Online initiative, invested $7 million to develop Disrupting Harm, a holistic and innovative research project that aims to better understand how digital technology facilitates the sexual exploitation and abuse of children.
Safe Online brought together and funded three organisations – ECPAT, INTERPOL and the UNICEF Office of Research – Innocenti – to undertake new research in 13 countries across Eastern and Southern Africa and Southeast Asia. This type of holistic research and assessment is new and unique. The methodology developed for these assessments has been implemented across the 13 countries and can be used by other countries in the future.
About Disrupting Harm in Uganda
Data collection took place from early 2020 through to early 2021 with the cooperation of the Government of Uganda and a wide range of public bodies and other organizations active in the country. A comprehensive analysis was made of the legislation, policy and systems addressing online child sexual exploitation and abuse in Uganda.
A range of statistical data was gathered for 2017-2019. Surveys were conducted with internet-using children and their caregivers in early 2021, and front-line service providers from private and civil society in late 2020. Interviews were held with high-level government officials, law enforcement officials, justice professionals, and child victims of online child sexual abuse and exploitation and their caregivers. In addition, trauma-informed expert practitioners led several unstructured one-on-one conversations with survivors of online child sexual abuse and exploitation.
The analysis for Disrupting Harm in Uganda was finalised in May 2021. The recommendations were discussed further at a national consultation on 19 August 2021.
Full report can be read here: https://www.end-violence.org/disrupting-harm#country-reports
(*) Definition of OCSEA: Online child sexual exploitation and abuse (OCSEA) refers to situations involving digital, internet and communication technologies at some point during the continuum of abuse or exploitation. OCSEA can occur fully online or through a mix of online and in-person interactions between offenders and children.
Alan and barrister Justin Levinson of 1 Crown Office Row discuss the recent conviction of ex BBC Radio 1 DJ Mark Page of child sex offences.
Justin has a second to none reputation for representing survivors of childhood sexual in their claims for compensation. He and Alan have worked together on some of the most famous if not infamous cases of recent times including for example that of Jimmy Savile.
Page had been convicted of sexually abusing children in the Philippines. He did so by means of using webcam and, also, by travelling out to the Philippines.
Alan and Justin discuss how UK courts have jurisdiction in such cases where at first blush it might be thought impossible to bring such a case before an English court. They explain how they were able to successfully bring a claim for compensation on behalf of the Filipino victims of Douglas Slade – a British expat, in the High Court in London.
They explain how practical and logistical challenges need to be considered and overcome when bringing claims for compensation in the English High Court when the victims reside, perhaps, on the other side of the world.
Justin explains how victims and those assisting him must be conscious of time limits for bringing claims, and why it so important to seek legal advice as soon as practicable.
Alan explains how a claim can be brought in certain circumstances even if there has been a prosecution of the abuser in a non-UK court, and he and Justin go on to discuss various cases where they have been successful in obtaining compensation for victims in many varied parts of the world.
Finally Justin explains why it is important for victims to seek compensation, and what it can mean to them by often transforming their lives.
This week we talk about sexual assault allegations made by Tiktok star Jack Wright against Sienna Mae Gomez.
We are very aware in the generation we are living in, social media influencers are making a living from creating social content such as on tiktok. For some this is a full time career. The two parties in this matter, who are both 18 years old are hugely popular in California with a mass following of already over 23 million followers
The background of these allegations were that the two school friends, began dating and featured in each others tiktok videos. However, rumours of sexual assault carried out by Sienna began to circle in May 2021.
Sienna denied she had sexually assaulted Jack but lost over 500,000 followers almost overnight.
Jack Wright was filmed allegedly unconscious on a sofa with Sienna sitting on his lap kissing him and touching his genitals whilst as stated he is seemingly incapacitated. She has disputed the video authenticity and states this has been heavily doctored and is a distortion of what happened.
Jack has now filmed a video of tiktok talking about sexual assault and the reaction online to this. This has already had over 8 million views since January 8th 2022. He states he was kissed and repeatedly touched whilst unconscious and would break into his home at night, he would wake up to find her in his bed with his penis in her hand. Such allegations have been denied by Sienna’s representation.
This news story raises many issues which we often discuss. We live in a world where social media is used more and more. Both these individuals will have young impressionable followers (as noted millions of followers). Had Jack not spoken out would this normalise such behaviour? Would this prevent others coming forward in similar circumstances.
There were many disturbing comments regarding the fact it could not be sexual assault if they were in a relationship.
The main point here in this matter is consent, which is clearly where they dispute what took place.
This is likely to impact Sienna’s career potentially beyond repair from a video she states is doctored. Again, we have discussed advances in technology with deep fakes and editing to a level where things can be easily distorted.
Again, it also questions what social media safeguarding should be put in place for content, especially when it can be viewed by millions in an instance.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
Alan and Professor Michael Salter discuss the organised sexual exploitation of children, specifically looking at how and why the issue is marginalised within society.
The discussion comes in the wake of the recently published report by IICSA: Child Sexual Exploitation by Organised Networks (https://www.iicsa.org.uk/reports-recommendations/publications/investigation/cs-organised-networks) and Prof. Salter’ forthcoming paper The antiepistemology of organised abuse: Ignorance, exploitation, inaction (Salter, M. & Woodlock, D. (2021), British Journal of Criminology).
They discuss organised child abuse, in which multiple adults sexually abuse multiple children, and how in this context research demonstrates how this has an important role to play in the production of child sexual abuse material (CSAM) but has been relegated to the margins of criminological concern. Prof. Salter explains how his co-written paper presents the findings of an international survey of 74 adults who described childhood victimisation in CSAM and organised abuse, emphasising the relationship between organised abuse and entrenched ignorance of it. The paper identifies the multiple zones, practices and structures of ignorance
that render organised abuse unknowable and advocates for strategic forms of knowledge production in which ignorance features as a provocation towards information-seeking rather than as a defence mechanism against intolerable realities.
Alan questions how we can learn from the research, and how this can be gone about for example accessing the wealth of evidential material that must exist in criminal and family court proceedings.
Prof. Salter is a Scientia Research Fellow and Postgraduate Coordinator at the University of New South Wales.
Former pope Benedict XVI of the Roman Catholic Church has admitted providing false information to the German inquiry into clerical sexual abuse.
The report found Benedict whilst in his role of the Archbishop of Munich and Freising from 1977-1982 failed to take action against four priests accused of sexual abuse.
Benedict stated initially he was not at a meeting in the 1980’s which discussed allegations of abuse and that it was deemed by him as an oversight. An investigation found he was in fact involved in such meeting and was aware of the allegations. This allowed the perpetrators in question to remain in their positions within the church without sanction or supervision.
As Pope between 2005 and 2013, Benedict has previously come under fire for failing to act against widespread child sexual abuse within the Roman Catholic church and has repeatedly denied his role in knowingly covering up abuse, although in 2010 he admitted that the church “did not act quickly or firmly enough to take the necessary action”.
A previous report into historical abuse in Germany concluded that more than 3,600 people nationwide had been abused by clergy members between 1946 and 2014. Many of the survivors were very young and served as altar boys. Again as with any reported figures, these numbers are likely to be the tip of the iceberg with many survivors not disclosing their abuse.
The report, like many before them, is disappointing and once again demonstrates the failures of the church to protect those in the congregation. It will be very upsetting for many who could have been protected by the church.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
This week we talk about how child sexual abuse prosecution rates have reportedly fallen 45% in four years.
The figures obtained by the NSPCC indicate prosecutions fell from 6,394 in 2016/2017 to 3,025 in 2020/2021. Convictions in the same period fell from 4,751 to 2,595
Further information obtained through freedom of information requests suggested cases were taking much longer to get to trial with explanations of closing courts, reduced court staff.
However, during the same period there was an increase of 57% in police reports of child sexual abuse. We have discussed before the impact of the pandemic on resources, increased abuse and delays in court procedures.
NSPCC are now calling for Dominic Rabb to review and reserve the decline in prosecutions and convictions. Further they want court delays tackled and more funding for specialist sexual violence advisers to assist children during the process.
NSPCC are seeking funding from the Ministry of Justice Spending Review to tackle the backlog of child sexual abuse cases, to fund children safe houses
However a crown prosecution services spokesman stated prosecutions had increased by 22% in the last year. Between July 2020- June 2021 the CPS stated 4347 were prosecuted which was a 84.2 % conviction rate. The year before they state the conviction rate of 2556 prosecutions was 84.4 %
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
Alan and Feleena discuss Sexual Abuse & Sexual Violence Awareness Week. It is a UK national week to raise awareness and provides an opportunity for any organisation or individual to engage in dialogue about the subject. For 2022 it takes place from the 7th to 13th of February.
Alan and Feleena take this opportunity to discuss some of the 2022 campaigns.
The NHS
The NHS have announced two key things. First, the NHS have created and launched, on 7 February 2022, two new clinical lead roles which will focus on domestic violence and sexual assault. These roles will work alongside the existing domestic violence support for the NHS and integrated care systems across the country.
The roles and related campaigning will highlight the specialist support offered at dozens of sexual assault referral centres (SARCs) in England who are for survivors of all ages and sexes. SARCs offer confidential support (practical, medical and emotional) to those raped/sexually assaulted/abused regardless of how long ago it occurred.
The second is that there will be a £20 million funding boost for sexual assault and domestic violence services over the next three years.
A campaign video will also shortly be released which is expected to raise awareness of SARCs and answer common questions of survivors.
This is particularly vital given the fact that the number of people receiving help from NHS SARCs halved after the first lockdown compared to 2019, despite official figures showing that domestic abuse and sexual assault had increased.
Other Campaign Groups
Many campaign groups take this week as an opportunity to raise concerns over misconceptions and misunderstandings. For example, The Rowan Project an East-Anglia based charity offering free counselling for rape victims, highlighted the language we shouldn’t accept, use or normalise when it comes to sexual violence. Troubling terms include:
- underage women – “child”
- child prostitute – “victim” or “survivor”
- sex with a minor – “rape”
- non-consensual sex – “rape”
The police also often contribute to the week. The Police Service of Northern Ireland, for example, are highlighting the support available to survivors and “myth-busting” common misconceptions that prevent people reporting. The Police have been sharing figures and facts about the process and particularly about “The Rowan”, a centre for survivors. Last year the centre supported 620 people, 60% of whom were referred by the police. This shows how the police can assist in signposting and should be sought out by those who do not know where to turn, even if a criminal case cannot proceed.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.Collins@hughjames.com or Feleena Grosvenor at Feleena.Grosvenor@hughjames.com.
NHS England » NHS pledges more support for victims and survivors of sexual assault and abuse alongside powerful awareness campaign
Camilla and May back NHS campaign to help victims and survivors of abuse | NHS | The Guardian
Why the language around sexual assault is important to get right (stylist.co.uk)
[070222] Police see increase in reports of sexual offences in 2021 (psni.police.uk)
This week we discuss 2020 film called Promising Young Woman.
As an overview, lead character Cassie Thomas is a 30-year-old medical student dropout. Her medical school classmate was raped at the school. As the film plot plays out you learn there was neither an investigation by the school nor consequences from the legal system of the sexual assault report, the friend sadly committed suicide soon after the assault.
Cassie spends her nights feigning drunkenness in clubs and bars, posing as bait for ‘nice guys’. They take her to their homes, push her to take drink or drugs to sexually assault her during which she is pretending to be unconscious or unable to give consent, then she reveals her sobriety and confronts them when they try to take advantage of her.
As the film goes on, Cassie finds out the rape of her friend was filmed and shared among other students who have now gone on to have successful medical careers. Cassie revisits those who were informed of the rape to see if years on their opinions has changed. Sadly, it highlights the common myth around females who have been drinking and are then sexually assaulted have consented.
It also highlights how the assault not only impacted the victim so severely but also her family and close friend Cassie for years after with her own relationships with men.
The film also plays out a scene where the Dean of the school pretends she cannot remember the allegation and then goes on to state she could not ruin the reputation of a number of boys for the allegations of one drunk female.
The film addresses important issues of capacity, consent, failures of institutions to investigate and the long-term impact of sexual abuse. Sadly, this mirrors true accounts of sexual abuse that still take place today.
This is an important film that raises a number of issues that we see time and time again. Again, this is hopefully will raise awareness of the serious implications of consent and sexual assault and common myths around if an individual has been drinking their account is consider less important.
We would advise anyone who has suffered a similar experience to contact the police to disclose your assault. Also, your local Rape and Sexual Abuse Centre.
There are a number of organisations that can be reached if the content of this podcast has impacted you.
- Safeline
- Survivors Trust
- Refuge
- Rape Crisis
- Samaritans
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com
In this podcast Alan and Dani discuss two prominent stories in the media: Prince Andrew and his case; and the failed case brought by some of Barry Bennell’s victims against Manchester City Football Club.
Prince Andrew failed to have the case brought against him by Virginia Giuffre dismissed on the basis that she was precluded from suing him having entered an agreement with Epstein. The judge dismissed that argument. Alan and Dani discuss the latest developments and the possible paths the case may travel down.
Alan and Dani also discuss the Manchester City judgment and the fact that the judge accepted the victims’ accounts of sexual abuse but had left it too late to sue, and in any event the club would not be liable for Bennell’ crimes.
It was accepted that Bennell had sexually abused the victims, but that the club was not liable. The judge was not prepared to allow the case to proceed out-of-time not so much because of the time gap, but because of the effect of the delay on the evidence. The Limitation Act 1981 allows a claim to procced outside the 3 year time limit for bringing a claim if basically in a case such as this it is fair to do so. In Alan’ experience a judge will not agree if key witnesses are dead or potentially important evidence is missing.
Both Alan and Dani discuss how the case may have a silver lining for CSA survivors as regards bringing clams against those responsible for abusers.
Finally they were asked by a listener to discuss the access to medical records in claims for compensation.
This week we discuss allegations of abuse made by four women against actor Chris Noth.
Many of us will have grown up knowing Nott’s notorious character 'Mr.Big' in the hit show Sex And The City.
Following the release of the long awaited follow up programme 'And Just Like That' in late 2021, an allegation of sexual assault was made against him.
This was quickly followed by 4 other allegations of abuse stemming over a period from the 1990’s until 2015.
There have been allegations of blacklisting those women in the New York community if disclosure was made Nott’s would destroy their careers.
It is important to state at this time, these are allegations, to which no prosecution or charges have been made at the time of writing.
Following the disclosure, Noth has already had endorsements such as Peloton commercial cancelled and has been removed from some of the marketing for And Just Like That.
Noth has released a statement which said “The allegations against me made by people I met years or even decades ago are categorically wrong“, According to Noth, the contacts with the women in question were consensual. “These stories could have been written 30 years or 30 days ago – no always means no – that is a limit that I have not crossed. The encounters were amicable, ”said the star
Sarah Jessica Parker, Cynthia Nixon and Kristin Davis, who played Carrie, Miranda and Charlotte in the hit US show, acknowledged the difficulty of sharing the “painful experiences”.
“We are deeply saddened to hear the allegations against Chris Noth,” “We support the women who have come forward and shared their painful experiences.
“We know it must be a very difficult thing for them to do and we commend them for it.”
We believe there will be much more published about these allegations in the coming months.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com
Whatever the outcome of the application by Prince Andrew’s lawyers to get the case dismissed on the basis of the Virginia Giuffre’s settlement agreement with Jeffrey Epstein, it brings into question their legal value?
Settlement and non-disclosure agreements are commonplace. Parties in litigation who reach an agreement to resolve their disputes often enter into them, usually with legal advice, to record what has been agreed and frequently to avoid misunderstandings let alone further disputes.
Such agreements intended to be water tight may not always be so. Their validity can be questioned if considered to be contrary to public policy for example if it was considered to be a means to avoid a serious crime from being reported, or if one of the parties entered into it under duress or lacked capacity.
Courts are reluctant to set aside or render void what is a contract or legal agreement entered into by parties, who clearly did so having made an informed decision, and particularly so with legal representation.
In cases of sexual abuse where a victim has entered into such an agreement, which in my experience is quite un-common, the effect or consequence is not to prohibit reporting to the police, on the contrary the wording is usually clear to enable that to happen, but to keep confidential the amount of compensation payable. The payer’s motive is to prevent publicity of the fact that compensation or an amount has been paid so as to avoid further claims.
The intent of the payer can be very simple of course namely settling a legitimate claim, but on the other hand it may be more complex. It could be a commercial decision having weighed-up the cost of litigating versus the cost of settling. The point being that care needs to be taken in assuming the parties motivation in settling.
In my experience such a agreements in sexual abuse cases are relatively uncommon and this is because the crime or alleged crime cannot be supressed by such means, and what can the payer do if the victim breaks the terms agreed? In theory he/she could be sued for breach of contract but that involves more expense.
In the Giuffre case we have such an agreement which on the face of it appears comprehensive, and does not prohibit disclosure of any criminal allegation to the authorities, but the interesting question is whether it is enforceable by a third party?
Epstein is not around to enforce, and so would his estate do so? The fact is that it is a third party who is not a party to the agreement which is effectively seeking to do so, and not the estate…. Arguably the wording is such that only the estate can.
As we approach the end of 2021, Alan, Danielle, and Feleena from our Abuse Team take a look back at some of the key stories that have featured in the HJ Talks About Abuse podcast series.
Some of the stories remain very topical such as non-consensual deepfake porn and sharing of nude images. Maria Miller MP wants there to be legislation that prohibits the making and sharing of image based “sexual abuse”. Deepfakes are were ordinary photographs of women are taken without their consent and placed on onto pornographic images or videos. Needless to say this is very distressing and damaging for the victims, and legislation designed to combat effectively this form of sexual abuse is long overdue.
This story feeds in to the disturbing reports of children’s images being imposed on sex dolls for commercial sale. This development highlights the reality for child abuse is not a static phenomenon
The coverage of the murder Arthur Labinjo-Hughes is discussed by the team, and they explore the legal issues that arise from the involvement of social services in the lives of vulnerable children.
The team conclude by discussing the Northern Ireland and Lambeth redress schemes and the various reasons why survivors of child abuse seek redress.
To get in contact with the team, please visit our website.
We discuss the morgue rapist, David Fuller, and how the NHS will most likely have to foot the cost of his sickening actions.
We all have that one thing in common: one day we are going to die, and when we do, if we can bring ourselves to think about it, would like to think our remains shall be treated with dignity and respect.
The conviction of hospital electrician David Fuller, who admitted to performing sexual acts on corpses in morgues, raises questions about the safekeeping of bodies and human remains. It would be assumed, understandably, that this would be a key concern for the NHS yet Fuller, who had a criminal record (burglary), nevertheless, enjoyed unrestricted access to the hospitals where he worked. His seemingly unchecked ability to denigrate the deceased demonstrates a collective lack of respect by the NHS and, especially so, given it has previously been told to improve safeguarding.
The Lampard report published in 2015 in the wake of the Jimmy Savile scandal recommended that:
All NHS hospital trusts should undertake DBS checks (including, where applicable, enhanced DBS and barring list checks) on their staff and volunteers every three years. The implementation of this recommendation should be supported by NHS Employers.
The Health Secretary Sajid Javid has said the NHS had written to all trusts asking for mortuary access and post-mortem activities to be reviewed in the wake of Fuller, but the question to be asked is why was he allowed access to hospital facilities given his criminal record?
A DBS check no doubt revealed, or would have revealed Fullers’ offending history, and it should have followed that he was not to be employed on NHS hospital premises, or if he was in restricted and managed circumstances.
Tragically Fuller was allowed to offend under the radar, and the families of the deceased now live with the knowledge of the sexual abuse. The NHS may have to pay a price too because of the failure to detect and stop him when it clearly had opportunities to do so.
The families affected, arguably, have a case to bring against the NHS Trusts concerned under Articles 3 and 8 of the ECHR: the prohibition of degrading treatment; and the right to family life. Following the decision in: Akpınar and Altun v Turkey close family members who can demonstrate that they have suffered some form of psychiatric injury attributable to the discovery that their loved one was sexually abused, arguably, have a case and this would be on the basis that either or both articles had been breached.
The breach of both articles arises from the fact that the NHS Trusts would be liable for the actions of its employee, who had afforded to him the opportunity to violate the deceased, either by failing to undertake a DBS check, or having done so paid no regard to the risk that his past revealed. To sexually abuse a dead person is degrading, and in turn arguably equally so for close family members whose right to grieve has been compounded by the discovery of Fuller’ depravity.
Domestic abuse and sexual offences should be considered as seriously as knife crime and homicide, the government announced recently as it says that it continues driving forward its plan to end violence against women and girls.
Observers, if not critics, may well say that it has a very long way to go.
The news does not sit easily with the death of Arthur Labinjo-Hughes.
His stepmother and father of the tortured, poisoned him, and were jailed for murder and manslaughter respectively.
The government has confirmed a review into Arthur's death.
The National Child Safeguarding Practice Review Panel will lead the investigation and will provide additional support to Solihull Children's Safeguarding Partnership to "upgrade" the existing local review launched shortly after Arthur's death in June 2020.
It emerged during the trial that Arthur had been seen by social workers just two months before he died, but they concluded there were "no safeguarding concerns".
All too often in child homicide cases we see the problematic family being given the “all clear” only for a child to be killed.
The government says that changes to legislation currently being considered in Parliament will make clear that a new legal duty requiring public bodies to work together to tackle serious violence can also include domestic abuse and sexual offences.
What is needed is true accountability. When we examine cases “after the event” we often struggle to find where the buck actually stops. There is often collective “group think” and it is hard to discern who made a decision which impacted on the child’s life. This has to change so that working together means accountability.
“Working together” is supposed to happen now. It sounds positive and common sensical but what does it mean to a child in an abusive home? He/she needs protecting and that may well mean moving them out of the family. Moreover, it means staying with them until they can stand on their own two feet. Too often social workers come into the family then go, and that’s when things go badly wrong.
Treating and regarding domestic violence as a serious crime is welcome, but what matters is ensuring that the crimes of abuse do not happen in the first place.
This week we discuss the decision recently overturned by the Supreme Court of India regarding the need for skin on skin contact for sexual abuse to be established.
Child sexual abuse is a major problem in India with thousands of cases reported each year. Some research suggests that sexual abuse was as high as 53% of children surveyed.
The background of the case in question was that a 12 year old girl was groped over clothing by a 39 year old man who touched her breasts and tried to remove her trouser bottoms.
The Mumbai High Court Judge ruled as there was no skin on skin contact when touching the child’s breasts, the case would fail for sexual assault and would only result in a lesser charge of molestation.
This understandably outraged many people who called for a review of the decision. It was rightly argued at appeal that skin on skin contact should not be necessary for sexual assault to be established.
The decision would have set a dangerous precedent and perhaps discouraged others from reporting sexual abuse.
The Supreme Court bench said that the sexual intent must be considered not whether there was skin to skin contact and the previous decision had “insensitively legitimised sexual behaviour”.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
This week on the podcast we discuss sex abusers reoffending and whether changes should be made to increase safety for the population.
This follows the news article that double killer and sex offender Colin Pitchfork, 61, has been recalled to prison after only two months after his release. Pitchfork made headline when he was sentenced to 30 years in prison in 1987 following the rape and strangling of two girls in Leicestershire.
Following his release in September 2021, routine checks by probation handlers flagged concerning behaviour and he also failed a polygraph lie detector test.
It is stated Pitchford was subject to strict monitoring and licence conditions such as tagging, exclusion zone and a ban on contact with children on his release.
Pitchfork had been reportedly approaching young girls when out and was recalled to prison. However, he could once again be released in as little as 28 days.
This raises important questions, regarding the success of prison reform, the release board consideration process, and safety to the population on release of unknown sex offenders.
Many high profile sex offenders are provided with new identities when they return to the outside world.
Statistics for the US found 5% of sex offenders reoffended within three years and 24% after 15 years.
A UK study in 2019 found proven reoffending rates were 24.8% for any reconviction and 12.6% for sexual reconvictions after a 13-year average follow-up. Rates increased greatly for offences relating to indecent images of children online.
A further study by Centre of Expertise on child sexual abuse found
- Of sexual reoffending It is widely believed that adults convicted of CSA have an enduring high risk of sexual reoffending, but reoffending studies – although not CSA-specific – show that most individuals convicted of sexual offences are not reconvicted of further sexual offences. In England and Wales, for example, 7.5% of those released from prison between 2002 and 2012 had been convicted of another sexual offence by October 2015 (Mews et al, 2017). It should be noted, however, that most CSA does not come to the attention of the authorities. In that study, the reconviction rate for offences of any sort over the same period was considerably higher at 38% (Mews et al, 2017).
- However, there is some evidence that, in comparison with those convicted of sexual offences against adults, individuals convicted of CSA offences are more likely subsequently to commit only sexual offences rather than other offences (e.g. Harris et al, 2009; Harris et al, 2011).
- Long-term international studies suggest that most adult males convicted of sexual offences no longer have a significant risk of sexual reoffending after 10 years (having a similar risk to those with histories of other crimes), and only a small proportion remain at risk after 15 years (Hanson, 2018). This applies for all risk levels; even in the highest risk group, four-fifths of individuals in a 20-year study were never reconvicted for another sexual offence (Hanson et al, 2014).
- Research evidence also indicates that women convicted of sexual offences reoffend at significantly lower rates than men (Cortoni et al, 2010), with an average sexual reoffending rate of around 3%, which may partly reflect that women are unlikely to be identified and reported. This suggests that distinct policies and procedures are needed to assess and manage the risks from women and from men.
The full report can be found here: Key messages from research on institutional child sexual abuse from research on institutional Key messages (csacentre.org.uk)
As discussed on many of our previous podcasts, sexual abuse is significantly unreported and therefore these statistics are likely to be higher.
In addition, monitoring of those on probation is dependent on the probation services monitoring individuals efficiently. There is no requirement to disclose to neighbours the offender’s previous offences.
In 2018 the BBC aired Second Chance Sex Offenders presented by Stacey Dooley which looked at the position in Florida, where convicted sex offenders were required to disclose a large sign outside their home to confirm they have been convicted. Other states required sex abusers to live in sperate communities.
In the UK the balance must be correct, with the risk of reoffending to protect the population and ensure safety, but if the sentence is spent that individual’s human rights to re-enter society, this is always going to be a difficult position.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
With social media used by most of us daily, how do we know who we are interacting with?
Shows like Channel 4’s The Circle have shown how you can portray yourself to be someone completely differently. Terms like ‘catfishing’ have become common terms.
But there is a very serious side to the ability to portray yourself to be someone else online.
Dating sites are another form of interaction online. The problem again with this is you are exchanging personal information with a stranger online, you are becoming trusting of such stranger.
There have been many exchanges of stories of turning up to dates with people who aren’t who they say they are. Netflix has just released the film Love Hard when the female turns up to her expected dates house to establish her date is not who he said he was.
The sinister side of this is the lured sense of security is the safety position. With increased reports of date rape drugging incidents, this leaves people open to sexual assault.
A report was commissioned by ProPublica in regards to safety on dating sites. See the full report here. Tinder Lets Known Sex Offenders Use the App. It’s Not the Only One. — ProPublica
In 2018, there was a report by one individual who provided information to the investigation that she reported to Bumble that a man she met through its popular online dating platform had sexually assaulted her. The company didn’t respond, she says. Two months later, after seeing his profile photo on the app again, she recalls the same report-no-response scenario playing out.
The investigation revealed the industry giant Match Group fails to screen for registered sex offenders on its free products — OkCupid, PlentyofFish and Tinder — despite doing so on its paid platforms. Our reporting has shown that some dating app users either received inadequate responses to their rape complaints or none at all.
The report found users reported their attack to the company but saw the user on the app again. Many more told us it never occurred to them to report an offline sexual assault to an online dating company. Or they didn’t realise a dating website could play a role in preventing such incidents.
Many of the apps do not complete criminal checks or whether someone is on the sex offenders register.
Further complications arise with identifying if an account is real. The question, like with all social media accounts such as facebook and Instagram is whether dating apps should be verified with the user having to include ID. At this time any one can set up a profile, with any information they want.
Cosmopolitan released a number of safety suggestions for online dating meet ups How to stay safe online dating | 15 women protect themselves when meeting someone from a dating app or site (cosmopolitan.com)
Over the last two months there have been multiple reports of assaults in nightclubs with needles. This is alongside increased reports of drink spiking.
In Nottingham, one woman woke up in bed the next day with no memory, another woman woke up in hospital both displaying needle stick injuries. Further reports of paralysis and the concern of wating weeks for test results to confirm they have not been infected with HIV or other potential illnesses/diseases.
As of 23 October 2021, the NPCC had also collected 198 reports of drink spiking, in addition to the 56 reports of incidents involving a needle.
Report by fullfact.org have provided the following alleged assaults:
- Nottinghamshire Police have since said they are investigating 15 separate incidents, reported within less than a month, of young women and men being jabbed with “something sharp”.
- Two men, aged 18 and 19, have been arrested by Nottinghamshire Policeon suspicion of conspiring to administer poison, but not in connection with any specific reports of spiking either via injection or drinks. They have since been released under investigation.
- Sussex Police is investigating seven reports of womenbeing spiked via injection in Brighton and Eastbourne. Hampshire Constabulary has said it is investigating one report of a woman being spiked by injection at a nightclub in Portsmouth.
- Lancashire Constabulary has confirmed it is investigatingafter a woman reported being injected with an unknown substance in Preston. Norfolk Constabulary has said it has received six reports of people either being spiked or injected.
- Wales Online reports that four women in Swanseaclaimed to have been spiked by injection, though these have not been confirmed. South Wales Police has said it had received “a small number of reports from people” who believed they had been spiked via injection, and was investigating.
- The Scottish Sunalso reported four stories of suspected spiking with a needle across Scotland, with cases in Edinburgh, Glasgow, Dundee and Aberdeen.
Freedom of Information requests collected by Sky News and published in 2018 found that reported incidents of spiking had doubled in three years. The BBC reported in 2019 that there had been a rise in the number of cases, with 2,600 reported incidents in England and Wales since 2015.
The information can be found here : What do we know so far about reports of ‘spiking’ with needles? - Full Fact
There are calls for security to be bolstered at nightclubs with extra bag and pocket searches.
There have been nationwide conversations about the crime and inspired a boycott of nightclubs and bars dubbed ‘Girls Night In’ where nightclubs were boycotted on 11 October. But there was also criticism that women staying home was not the answer to this big problem.
With universities now back and bars full again, universities are running campaigns to raise awareness.
TikTok has been flooded with videos showing just how easy it is to spike a drink with a small distraction to the drink holder, again to raise awareness.
The question is whether spiking has increased dramatically recently, or whether this is now only once again hitting the headlines raising awareness.
Different companies have now come up with further safety measures for drink covers, such as a hair scrunchie that can be placed over the drink like a cap so you may put a straw through.
The difficulty with such spiking, is that if the impact is delayed to the victim or this is not caught on CCTV, catching the perpetrator may prove very difficult to police.
Of statistics obtained so far, it would seem this is impacting both male and female victims equally, despite the coverage forming this is a larger risk to females.
Alan Collins and Feleena Grosvenor discuss a recent case regarding alleged gang rape that took place at Oxford Brookes University in February 2018.
This case concerns one woman, a British student and the victim, and four international students, the alleged perpetrators.
It is understood that one of the accused was admitted to the university while under investigation in the United States over two allegations of rape by a female student.
The victim, who was aged 19 at the time, alleges that the topic of “group sex” had come up in a hypothetical and humorous context and she had “laughed it off”. But, on another occasion, the men allegedly turned serious and told her that she “owed them group sex”. The woman felt pressured to participate and claims that she initially took part in some non-penetrative sexual activity. She states that she was clear that she did not want to continue but was overpowered and repeatedly raped.
The case was investigated by Thames Valley Police but they concluded that there was ambiguity over the woman’s consent and so they could not refer the matter to the Crown Prosecution Service. This is allegedly because she consented to some sexual activity both before and after the alleged rape. The decision was reviewed by a detective chief inspector who concluded that there was no reasonable prospect of conviction.
This led to the student attempting to kill herself, by overdose.
After the police concluded their investigation, Oxford Brookes University initiated a misconduct investigation. It was held that the woman was subject to “sexual harassment, violence or abuse” and three of the four men were found to “had not taken appropriate care to establish that consent was present throughout the entire evening, and this constitutes abuse”. It was found that apparently the fourth individual did not participate in the rape. The three individuals were expelled from university. The fourth had a term’s suspension and was ordered to write a letter of apology to the alleged victim.
This case highlights concerns that have been growing around rape culture on campuses, and in relation to men with power or social status, as athletes, as these men were. This case also addresses the difficulties with consent in a criminal context.
The different outcomes to the criminal investigation and the university investigation are because of the different “burden of proof” that applies.
In a criminal context, the lack of consent has to be proved beyond reasonable doubt, meaning you are sure, in order for someone to be guilty of rape, assault by penetration, sexual assault or causing a person to engage in sexual activity. The university needed only to look at a “balance of probabilities”, meaning more likely than not.
Section 74 of the Sexual Offences Act 2003 defines consent as “if [s]he agrees by choice, and has the freedom and capacity to make that choice”. Prosecutors should consider this in two stages. They are:
- Whether a complainant had the capacity (i.e. the age and understanding) to make a choice about whether or not to take part in the sexual activity at the time in question.
- Whether he or she was in a position to make that choice freely, and was not constrained in any way.
Assuming that the complainant had both the freedom and capacity to consent, the crucial question is whether the complainant agrees to the activity by choice.
Determining if the four men had “reasonable belief” that the woman consented can be a difficult one.
The best way of dealing with this issue is to ask two questions.
- Did the suspect genuinely believe the complainant consented? This relates to his or her personal capacity to evaluate consent (the subjective element of the test).
- If so, did the suspect reasonably believe it? It will be for the jury to decide if his or her belief was reasonable (the objective element).
It is, of course, difficult when the alleged perpetrator alleges that they reasonably believed there was consent, when in fact they do not believe the same.
We encourage anyone who has comments or concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins at Alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
- Oxford Brookes University expels athletes after ‘gang rape’ claim | News | The Times
- Four students are alleged to have gang-raped 19-year-old fellow undergraduate | Daily Mail Online
Rape and Sexual Offences - Chapter 6: Consent | The Crown Prosecution Service (cps.gov.uk)
Uber Technologies Inc is a technology company that offers ride-hailing services to its platform users. The company uses its algorithms to connect passengers to their pool of registered Uber drivers to use their transportation services in exchange for payment. Today, Uber counts over 14 million trips each day in more than 60 countries.
Uber have now also expanded to boat travel and Uber Eats food delivery services.
One of the questions which has been posed over the years is whether drivers are self-employed or employees. The Supreme Court held that drivers must be treated as employees with holiday pay and minimum wage. This is important for anyone bringing a claim against Uber drivers, who would look to a claim against Uber as being vicariously liable for the actions of their drivers rather that pursuing claims against drivers directly.
In London, Uber secured its right to continue operating after a Judge upheld its appeal against TfL. TfL had rejected Uber’s application to be granted a new licence over safety concerns in 2017. One of the main concerns raised by TfL was a flaw in Uber's system that allowed unauthorised people to upload their photographs to legitimate drivers' accounts, which then allowed them to pick up passengers.
This ‘flaw in the system’ allowed Naveed Iqbal to use his brother’s Uber login details to use the app as a driver. He was alleged to have sexually assaulted two women in Leeds in 2015. Both women have recently reached a five figure settlements with Uber, after Uber were found liable for the incidents as it had a duty of care to protect passengers.
Iqbal lost an appeal in 2017 to keep his own private-hire licence when a crown court heard no charges had been brought, but a judge said he had carried out the attacks “on the balance of probabilities”.
In 2018, Mayor of London Sadiq Khan said TfL was "absolutely right" not to renew Uber licence but acknowledged the company had "made improvements". Alarmingly, that same year, more than 3,000 Uber passengers and drivers reported sexual assaults.
The ‘improvements’ in Uber’s way of handling the widespread problem may have been triggered by the accusation Uber faced in the US, trying to force women who say they were sexually assaulted by drivers to resolve their claims behind closed doors through arbitration rather than in courts. Similarly, Uber was fined $59m (£43m) for refusing to disclose details of more than 1,200 alleged victims of sexual assault involving its drivers in California between 2017 and 2019, justifying it would be a ‘shocking violation of privacy’ for victims. The California Public Utility Commission (CPUC), which imposed the fine, said it did not require a public disclosure of the information, and the details of individual cases would have been kept private.
In July 2021, Uber has agreed to pay a reduced fine of $9 million to the California Public Utilities Commission. Uber will now provide anonymised data about the assaults to the Commission.
With the aim of ‘standing with survivors’, Uber voluntarily published the US Safety report that discusses safety issues. They claim they understand that business leaders such as Uber have a unique opportunity to address the widespread problem of sexual assault and harassment, not only by acknowledging and assessing the issue but also by responding appropriately when incidents occur.
“Uber has emerged as a leading partner in standing against sexual assault – not just through accountability and transparency, but also by supporting survivors, eliminating barriers to reporting, and taking steps to prevent violence and harassment. We call on other companies to follow Uber’s lead by partnering with anti-violence organizations and releasing their own reports.” - Cindy Southworth, Executive Director, National Network to End Domestic Violence
The safety team at Uber has tripled since 2017 and there are more than 300 professionals now dedicated to safety. Uber has been testing different features and reports various improvements:
- Allowing riders to verify their driver with secure PIN code
- Enabling for a text message to directly be sent to 911 operators (in the US) and report safety incidents to Uber before the trip is even over.
- Improvement of drivers’ background checks and screenings
- Feature ‘share my trip’/ ‘follow my ride
Sexual assault claims have not just been limited to Uber. Lyft was also sued by 19 women in December 2019. The platform has been accused as not doing enough to prevent sexual assaults by drivers on the platform, and not investigating complaints properly.
Since March, the two ride-hailing firms agreed they will put aside competition and partner to share data on drivers who have been banned from their platforms in the US for serious safety incidents, including sexual assault and physical assaults resulting in a fatality.
However, the lack of comprehensive background checks coupled with inadequate investigation of customer complaints involving sexually inappropriate behaviour by drivers still puts thousands of men and women at risk. Only in June 2021, did a video surfaced of a woman in Australia who filmed her uber driver relentlessly pestering her for sex.
Statistics obtained by The Sun revealed Uber drivers were accused of 32 rapes and sex attacks on London passengers over the past year, this is equal to one every 11 days.
The figures represent more than a fifth of all claims against taxi and car-hire drivers filed to 14 UK police forces last year, which totalled at 154 allegations including attacks in minicabs and chauffeur vehicles
As many of the cases brought forward have been settled behind closed doors, many consumers continue to use such services with no knowledge of the potential dangers. We would expect as the consumer that these individuals have been through an extensive vetting process.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
This week we discuss the topic of sex dolls following the American headline “Mom Fights to Ban Child Sex Dolls After Daughter's Likeness Was Used for One”
A mother reached out to news producers in America after she discovered her 8-year-old daughter's likeness was used for a sex doll face that went up for sale on internet sites including popular site Amazon.
In a statement, an Amazon spokesperson said, “All sellers must follow our selling guidelines and those who do not will be subject to action including potential removal of their account. This product has been removed.”
The sex doll which very closely resembled her child was being sold as a high-quality sex doll. Despite Amazon removing the advert, this doll remained on a number of other sites. The same doll appears naked on another website, which NBC 6 verified.
The mother is now campaigning for a ban on child sex dolls. Currently in America, child sex dolls are only banned in Florida and two other states but advocates and victims say much more needs to be done to expose this secret.
Research by NBC 6 showed similar child sex dolls on other popular sites
Carly Yoost, the CEO of Child Rescue Coalition said “This is a real child who's been affected, this isn't a hypothetical doll that was created. This is something made out of someone’s own likeness and took images from this mother."
Yoost said “The more a predator consumes online images and video of children being abused and purchasing of dolls that act out their sexual fantasies, the more likely they're going be a hands-on abuser of a real kid,"
The Child Rescue Coalition has started an online petition to make them illegal in the United States.
With the ease of imports now, it is likely that the same type of dolls are being imported into the UK. This raises important concerns as Yoost voiced whether this is not only increasing child pornography but also sexual assaults on minors.
In the United Kingdom, former solider Richard Turner was found with a ‘child-like’ prosthetic sex doll when his house was raided before being jailed for almost ten years for a string of sex offences against children. Teesside Crown Court heard how Turner had a vast collections of child abuse images stored on a number of computers and digital devices, as well as carrying out sexual assaults on three young girls while taking indecent photographs of them.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com
Trigger Warning - Podcast contains discussions about abuse and violence In this week's episode of the HJ Talks About Abuse podcast, Alan interviews John Skull, the author of "If You Can't Take a Joke..." his memoir of growing-up in the slums of Belfast during the "Troubles" and his progression from Rathgael Training School to a successful career in the Royal Navy.
In spite of being subjected to abuse, violence and having to survive on the streets controlled by soldiers and para-militaries, he adapted and managed to retain a positive outlook on life which served him well.
Alan and John discuss the Northern Ireland redress scheme and John explains how he applied for redress under the scheme, how he has helped survivors apply and why those who have not yet done so, should apply.
The redress scheme is there to compensate those who experienced abuse in residential institutions in Northern Ireland between 1922 and 1995. Those who qualify receive a compensation award. The process is a simple one, so please contact us for further information.
If you would like to communicate with John about the scheme he would be pleased to be contacted by email: johnskull@hotmail.com.
This week on the podcast we discuss American music artist R. Kelly. The 54 year old artist broke into the music scene as a teenager, has made millions through his music career, selling over 75 million records and winning three Grammy awards.
Kelly was also widely known as ‘the pied piper of RnB’, following nearly 30 years of ongoing sexual abuse allegations against him. It is shocking to note how long he, a man of great power and fame was able to continue to abuse young women in his position before his September 2021 prosecution.
Channel 4 and Netflix released a documentary titled ‘Surviving R. Kelly’ in 2019 which interviewed a number of his alleged survivors. The documentary over 6 hours long, showed major patterns that these girls were minors ranging from between 12-16 years old. They would be asked to appear in music videos or join him and his team at young hang outs such as McDonalds or on his tour bus. It was alleged that R. Kelly would target very young girls especially those with aspirations to be singers.
Concerningly, the documentary noted that many of R. Kelly’s staff were aware and facilitated him meeting such young women. A former tour manager for Kelly testified during the New York trial how he had bribed a government worker on Kelly’s behalf, to get the singer Aaliyah a fake ID so that Kelly could marry her when she was just 15 years old in 1994. Kelly was then 27 years old. The marriage was annulled a year later. During rumours of a relationship, journalists and presenters would ask about the relationship status but both denied they were in a relationship. This was just the beginning of abuse rumours to circulate.
In 1996, Kelly was sued for personal injury and emotional distress by an individual who claimed to be 15 at the time they began to have sexual intercourse.
In 2001, Kelly was sued by his intern and alleged she was used as his personal sex doll.
In the early 2000’s a sex tape was leaked perpetrating to show R Kelly performing sexual acts on a minor. This video then was circulated widely. Jokes were made in the media; this was turned into cartoons and people widely discussed this, it would seem without the seriousness of what was actually displayed in the tape by someone in a great deal of power. He remained a music star with deals and a record label behind him. He performs at the Superbowl in 2001.
In 2002, two further court cases commenced against Kelly for impregnating a minor and videotaping another without consent.
Also in 2002, Kelly was charged with 21 counts of making child pornography with one girl. It took 6 years to get to trial. By the time the case got to trial the alleged victim denied it was her in the videos. The aunt of the girl who originally recognised and identified her stated in the Surviving R Kelly documentary how she was offered a 6 figure salary to discuss this with Kelly’s team. The trial fell apart and Kelly was acquitted.
Between 2002 and 2004 Kelly was charged with a further 12 counts of making child pornography in Florida, where he was arrested at his holiday home.
At the same time of such allegations, R. Kelly hit the big time. Between 2005 and 2012 he wrote the ‘Trapped in the Closet’ album, a tale of sex and lies.
In the years that followed many rumours circulated that Kelly had begun a sex cult and had trapped women in his property without phones or the ability to leave dictating "what they eat, how they dress, when they bathe, when they sleep and how they engage in sexual encounters that he records".
In 2018, one of the survivors broke the non-disclosure agreement to confirm she had sex with Kelly when she was underage.
In 2019, Kelly was sued by a former partner for intentionally infecting her with an STI.
In the 2019 documentary one of his survivors’ documents how she was videoed by R. Kelly without consent and how she was made by him to perform sex acts on another survivor who she later found out was underage. A number of women documented how they were filmed without consent and made to perform sex acts without consent.
Of focus in the documentary was his wife Andrea Lee who was married to Kelly between 1996 and 2009. She bravely discloses how over the years, Kelly became controlling of every aspect of her life whilst also hiding the abuse he was conducting against other young women. Only on his arrest did she realise the control and abuse she had suffered for years before.
Two weeks after the documentary 'Surviving R. Kelly' was broadcast in 2019, Kelly was dropped by his record company. Planned concerts in the US and New Zealand were cancelled.
Later in 2019, Kelly was charged with recruiting and transporting underage girls over state lines for illegal sexual purposes, including the production of child pornography, as well as conspiracy to obstruct justice by destroying evidence and bribing or threatening witnesses.
It is in 2019, after the documentary is released that more survivors come forward to disclose the abuse they suffered by Kelly over the previous three decades.
In 2020, there were allegations of victim tampering, with large bribes and threats to distribute sexually explicit photographs whilst awaiting trial in New York.
In similar circumstances to other high profile abusers in positions of power, it is reported there were numerous compensation payments and non-disclosure agreements entered into but Kelly largely continued with similar behaviour.
Federal prosecutors charged Kelly in July 2019 with child pornography and obstruction charges, with that trial delayed due to the pandemic and to allow the New York case to proceed.
Jurors in a New York federal court heard from multiple witnesses over the weeks-long trial of behaviour by the singer, with a common theme of Kelly using his fame and power to subject his victims to sexual and physical abuse. He was found guilty of racketeering, sexual exploitation of a child and kidnap. Kelly faces a mandatory minimum and up to life in prison, according to a Department of Justice statement. Kelly’s sentencing hearing is set for May 4th, 2022.
This however is not the end, as Kelly has yet to be tried for crimes in the three other jurisdictions where he faces prosecution.
It is also likely that other survivors may now find the strength to come forward.
One of the most shocking things is how long rumours circulated, for almost 30 years before Kelly was convicted.
It is another stark reminder that people in positions of power, impressionable to young individuals, use such power to abuse their position. Sadly this case also identifies how many others who worked or were in Kelly’s company were aware of the abuse being perpetrated.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
In this episode of the HJ Talks about Abuse podcast, the abuse team discusses an investigation of the Byline Intelligence Team into Police Officers Sexual Misconduct.
The investigation was conducted by making multiply freedom of information requests and by using publicly available data in relation to police officers. It comes in response to the devastating case of Ms Sarah Everard, who was murdered by a serving MET police officer in March 2021.
The aim of the investigation was to address the accountability and wider failings of the police force in tackling male violence against women and girls. Particularly, after the failure of the MET police to dismiss Mr Couzens until after his guilty plea in July 2021, four months after Ms Everard was kidnapped, raped and murdered by him.
In response to Couzens’ guilty plea, the MET police Commissioner, Dame Cressida Dick, said “on occasion, I have a bad ‘un”. This suggests that it is incredibly unusual for police officers to be involved in any sexual misconduct, however, the investigation suggests otherwise.
The investigations key conclusions included:
- In 31 misconduct hearings, between 2017 and 2020
- 41% of MET police officers who were subject to disciplinary proceedings for sexual misconduct retained their roles following the decision.
- 52% of MET police officers who were found to have committed sexual misconduct stayed in their posts.
- Of MET police officers accused of sexual offences, 89% were male.
- Of Suffolk and Norfolk constabularies, 70% of officers found to have committed sexual misconduct stayed in their posts.
- In West Yorkshire, much of the sexual misconduct (44%) was found to have been committed against female colleagues who were also police officers.
These figures are shocking when you consider the role of a police officer; undoubtably one of power and that is meant to promote public trust and confidence. This research seems to suggest that the disciplinary process is too lenient on its officers accused of sexual misconduct.
However, the difficulty with the research is that it is of a small subject area and is gathered from various sources (freedom of information requests from each department and publicly available data). Therefore, it lacks detail regarding who the allegations are made by, what the allegations are (including the level of severity), and the reasons why the police officers were (or weren’t as the case may be) kept in post.
We hope that the UK police force acknowledges this report and identifies that the first step is to improve their own internal reporting and transparency.
If there is far better record keeping of the various police departments, which is transparent and can be reported on, then this in turn would result in research being appropriately gathered and patterns of failings being identified. Ultimately then changes can be identified to improve this situation.
We encourage anyone who has comments or concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins at Alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
More Than Half of Met Police Officers Found Guilty of Sexual Misconduct Kept their Jobs – Byline Times
On this week's episode of the HJ Talks About Abuse podcast, Alan and Danielle are discussing the issue of 'sex for rent' - the ongoing subject which has been in the media lately, of Landlords who extort their tenants for sexual favours.
There are numerous ways of renting a property, such as via apps, rental websites or through a private landlord, which mean that they may not be regulated very well. Using a registered estate agents or rental service can sometimes incur many hidden fees and costs, which cause many people to choose the option of renting through a private landlord to avoid this.
This has recently hit the headlines, as Covid-19 has had a massive impact on people financially, with many losing their jobs or having a reduced income due to the furlough scheme. Unfortunately, some landlords have used the financial misfortune of their tenants as an opportunity to make inappropriate offers. A recent report has shown that there has been a huge increase in complaints about landlords making inappropriate suggestions to their tenants, especially lone female tenants that they will waiver or reduce rent in exchange for sexual favours.
Alan & Danielle discuss this issue in further detail, the legal aspects and statistics.
This week we discuss the headline that a former porter from Great Ormond Street Children’s Hospital has been accused of 84 sex offences between 1985 and 2018, including rape, attempted rape, and sexual assault of a child under 13.
A link to the article can be found here.
This is not the first-time concerns have been raised regarding safeguarding in public areas of hospitals, volunteers or in regard to moving patients around the hospital. Following the shocking disclosure of abuse by Jimmy Savile at Leeds Teaching Hospital amongst many other hospitals, an investigation report published by the Trust in 2015 made 31 recommendations to prevent similar incidents happening again. The full report can be found here.
Sadly, the new allegations of abuse are not the first for Great Ormond Street, who also hit the headlines previously for child sexual abuse involving Jimmy Savile who was accused of abusing a dying child in the 70’s at the hospital. In 2012, Great Ormond Street also commissioned an investigation in regard to this. Therefore, despite their investigation and further recommendations in the report by Leeds Teaching Hospital, the Great Ormond Street porter continued to abuse children until 2018.
To many, Great Ormond Street Hospital is well known for the fabulous work and care for very sick children. This further headline will shock due to the period an employee went undetected and begs the question how could children be put at risk in this way?
This recent headline sadly follows further concerns regarding Great Ormond Street after government minister Steven Barclay called on the health secretary to commission an independent investigation into an alleged cover-up of a child’s death in 2011. Great Ormond Street has admitted that crucial medical evidence about the child’s condition when she arrived at the hospital’s intensive care unit was not provided to a coroner’s inquest Minister demands investigation into Great Ormond Street Children’s Hospital ‘cover up’ | The Independent.
In any medical situation whether it be that of a child or an adult, we expect those who are looking after us when we are our most vulnerable to be appropriately vetted and trained. We put our lives in the hands of medical staff. Safeguarding is paramount as there is a clear position of trust we rely upon.
Heath care professionals include but are not limited to, doctors, nurses, healthcare assistance, carers, support staff and therapists.
Physical and emotional abuse may be easier to identify, whereby sexual abuse can at times be more difficult. The guidance states “A breach of sexual boundaries occurs when a healthcare professional displays sexualised behaviour towards you. Sexualised behaviour is defined as acts, words or behaviour designed or intended to arouse or gratify sexual impulses or desires.” Breaches of sexual boundaries do not just include criminal acts such as rape or sexual assault, but cover a range of behaviours including the use of sexual humour or innuendo, and making inappropriate comments about your body. It can include comments made in your presence, even if not about you. clear-sexual-boundaries-information-for-patients-and-carers.pdf (professionalstandards.org.uk)
A google media search for the last year alone brings up numerous concerning entries for abuse in the health sector and these are only the reported cases we know of.
- In February 2020, GP Manish Shah was convicted of committing 90 assaults against 24 female patients whom he persuaded to undergo unnecessary intimate examinations for his own gratification. He did not always wear gloves to carry out examinations and in one case he left a woman entirely naked on an examination table. His victims were aged between 15 to 39. Shah, is to serve a minimum of 15 years prison sentence. This followed a previous hearing in 2018 for similar offences. GP who sexually assaulted 24 patients jailed for life | Crime | The Guardian.
- Cambridge paramedic Andrew Wheeler was found guilty of rape of two women and sexual assault of a minor. 18 offences were committed between 2002 and 2018. He is to be sentenced in February 2021
- NHS Gynaecologist Dr Jomo Mathurine was struck off after secretly filming himself having sex with unsuspecting women
The Independent Inquiry into Child Sexual Abuse has now published a report having spoken with 109 victims focusing on the period between 1960-2000. The report found healthcare practitioners who committed child sexual abuse commonly did so under the guise of medical treatment, which went unchallenged by other staff even when unnecessary or inappropriate because of their position of trust. The full report can be found here.
Inappropriate Relationships
Abuse in the health sector has also come up repeatedly in regard to inappropriate relationships. This can be between doctors and patients, nursing staff and treating psychiatrists or mental health practitioners to name just a few scenarios.
Personal relationships with former patients may also be inappropriate depending on the individual circumstances such as whether the patient sought medical attention for mental health concerns. Other factors include; the length of time since the professional relationship ended, the nature of the previous professional relationship and whether the patient was particularly vulnerable at the time of the professional relationship, and whether they are still vulnerable
The General Medical Council, the organisation that regulates doctors in the UK, makes it clear that doctors “must not pursue a sexual or improper emotional relationship with a current patient”. Any doctor caught ignoring this rule is likely to face professional sanction, including being struck off. Doctors must not end a professional relationship with a patient solely to pursue a personal relationship with them.
Guidance can be found here.
As outlined above, of particular concern, is a patient who has engaged treatment for mental health. Therapists can be provided with very intimate and vulnerable details from a client. The client may form a strong bod with their therapist. This could lead to an abuse of power and makes a sexual relationship which such patient highly unethical. It is the doctor or therapist’s responsibility and duty to ensure that his or her relationship with the patient remain as professional as possible.
Anyone who has concerns regarding a health care professional can report this to the manager on site, the General Medical Council and police. All NHS organisations will have a formal complaints procedure which should be readily available to all patients on request.
If an NHS employee has committed abuse, it is possible to make a civil claim against the NHS Trust for who the employee works, under the term ‘vicarious liability’ if it can be established that the abuse occurred during the course of employment or in a relationship akin to employment.
In the private sector, civil claims can be made against the individual practitioner’s indemnity insurance.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
In this episode of HJ Talks about Abuse podcast, Alan Collins and Feleena Grosvenor discuss “Stealthing”. This term refers to non-consensual condom removal during sex.
Stealthing falls under Section 74 of The Sexual Offences Act 2003 which states that Consent is when “a person consents if he/she agrees by choice, and has the freedom and capacity to make that choice”. Under UK law, consent is required for each sexual act and is specific to the agreed-upon. Removal of a condom intentionally during penetrative intercourse without consent is sexual assault.
There is no data on stealthing rates in the UK and there is only one widely known conviction of “stealthing” in the UK. The man was convicted in 2019 and since, Feleena and Alan have assisted that individual bring a related civil claim.
This issue was explored last year, in the BBC One drama “I May Destroy You” and discussed in our previous podcast episode. The main character Arabella has sex with a man who removes the condom without her knowledge. Like many women, Arabella doesn't realise it's rape until she hears it discussed on a podcast.
In addition to clear harm of disregard for consent and illegality of Stealthing, there are two other clear risks. It increases the likelihood of pregnancy and of Sexually Transmitted Infections. It is unfair that those who have taken the step to protect themselves, by using a condom, to be put at a risk of harm against their consent.
We encourage anyone who has experienced “stealthing” to contact the police or other supportive organisation.
If you have comments or concerns relating to this subject, or about abuse in general, you can get in touch with Alan Collins at Alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
- Stealthing: 'I didn't realise it's rape until it happened to me' - BBC News
- What Is Stealthing? | UK SAYS NO MORE
In this episode of HJ Talks about Abuse podcast, Alan Collins and Feleena Grosvenor address Apple’s new system to scan iPhones for child sex abuse material.
Organisations, including Apple and Facebook, have been under criticism for, supposedly, prioritising customer privacy and keeping individuals safe from hackers and criminals. This is rather than using processes to identify and report child sexual abuse material.
This is related to the previous podcast “Encryption on Tackling Child Sexual Abuse” whereby Alan and Feleena identified the issues with end-to-end encryption on apps such as Whatsapp and Facebook messenger.
Apple have announced details of a system which both limits the spread of child sexual abuse material and protects user privacy.
It is a system which, before the image is stored in iCloud photos, scans for child sexual abuse material from the existing database of known child abuse images. The system would identify not only the original but edited or similar versions of the original image.
Apple claims that it has an extremely high level of accuracy and each report will be manually reviewed to confirm if there is a match. If there is, it would then disable the user’s account and report to the authorities.
The limitation is that the images have to be in their iCloud Photos account to be caught by the system. On the one hand, this limits the benefit to tackling the spread of child sexual abuse images, but on the other it limits the negative impact on customer privacy as their images can be saved elsewhere.
Whether the system goes too far or not far enough, ultimately, it identifies prohibited content and may serve to encourage other organisations to introduce the same.
We encourage anyone who has comments or concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins at Alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
- Apple to scan iPhones for child sex abuse images - BBC News
In this episode of HJ Talks about Abuse podcast, Alan Collins and Feleena Grosvenor discuss the NSPCC Report Abuse in Education helpline, which was launched in April 2021. It is dedicated to children and young people who have experienced sexual harassment or abuse at school. It is also for worried adults and professionals that need support and guidance.
The NSPCC worked with the Department for Education to set up the phone line after Everyone’s Invited published thousands of anonymous testimonials about sexual harassment in all types of schools, colleges and universities.
The helpline comes at a time of specific concern and research regarding sexual abuse in schools and colleges. The “CASPAR briefing” is considered a landmark report by Ofsted that was conducted in April 2021 regarding peer-on-peer sexual harassment, sexual violence and online sexual abuse. One of the findings were that sexual harassment was so “normal” in schools that children did not see any point of reporting it.
In August 2021, it has been recorded that over 600 people have called the helpline to repost sex abuse in schools (averaging 150 calls a month). Some of the calls have resulted in referrals to external agencies, such as the police and social services.
We hope that the spotlight will remain on the issue to encourage as many people as possible to report and recover from their experiences, as well as preventing it from happening to others.
We encourage anyone who has comments or concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins at Alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
- NSPCC school sex abuse line receives more than 600 calls | Evening Standard
- Dedicated helpline for victims of abuse in schools | NSPCC
- Findings from Ofsted’s review of sexual abuse in schools and colleges | NSPCC Learning
In this episode of HJ Talks about Abuse podcast, Alan Collins and Feleena Grosvenor discuss the report of the Defence Sub-Committee on Women in the Armed Forces (“the Committee”) titled “Protecting Those Who Protect Us: Women in the Armed Forces from Recruitment to Civilian Life”.
The Committee’s survey is the first of its kind due to the Ministry of Defence lifting usual restrictions that are in place which stops service personnel from contributing to such inquiries.
The report states that the UK military is “failing to protect” female recruits and has failed to help servicewomen achieve their full potential. Key findings included:
- 64% of female veterans, and 58% of currently serving women in the armed forces have experienced bullying, sexual harassment and discrimination;
- 62% of those who gave testimony had either witnessed or received “unacceptable behaviour”;
- 6 in 10 women did not report the bullying, harassment and discrimination; and
- 1 in 3 women who did report the bullying, harassment and discrimination stated that the experience was “extremely poor”.
The Committee made recommendations including that the Ministry of Defence should create a specialised Defence Authority to handle complaints. The Service Complaints Ombudsman also required better resources and its decisions be authorised to be binding.
A further recommendation was that the Ministry of Defence should completely remove cases of rape and sexual assault from military courts and the Service Justice System. Instead, they should be dealt with by the civilian court system. Therefore, the “chain of command” would be removed entirely from complaints of a sexual nature.
We hope that the Ministry of Defence will take this landmark report seriously and make the appropriate changes, as soon as possible, to improve the life of women in the armed forces.
We encourage anyone who has comments or concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins at Alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
- Report: Protecting Those Who Protect Us: Women in the Armed Forces from Recruitment to Civilian Life - Committees - UK Parliament
- Two-thirds of women in UK military report bullying and sexual abuse | Military | The Guardian
In this week's episode of the HJ Talks About Abuse podcast, we look at the civil case that has been brought against Prince Andrew in the US, at a New York federal court under the state’s Child Victims Act.
This is brought by Virginia Giuffre who claims that Prince Andrew had sex with her while she was 17 (a minor), with the knowledge that she had been trafficked by his former friend, Jeffrey Epstein. She claims that incidents occurred in both New York and in London.
Prince Andrew is the sole defendant to the civil suit. Thus far, he does not appear to have responded to the issuing of the claim.
Often, the place of residence of the Defendant and the place of the injury would be the place that has jurisdiction and where the case should ultimately be brought. In this case, the UK would seem suitable. Alan and Feleena discuss why the claim may be being brought in the US as opposed to the UK.
Giuffre’s lawyers, we assume, have considered the limitation issues and the applicable laws in both the US and UK and found the US preferrable for Giuffre.
Another consideration appears to be tactical and in relation to the other criminal proceedings that have occurred. This includes the case against Ghislaine Maxwell. She has pleaded not guilty to sex-trafficking charges and faces trial in November. (Epstein took his own life in a US federal jail in August 2019, a month after he was arrested on the same charges.)
The case will, no doubt, develop and receive a lot of media coverage which we will be following with interest.
We encourage anyone who has comments or concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins at Alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
- Prince Andrew cannot ignore US court case, says accuser’s lawyer | Prince Andrew | The Guardian
This week on the HJ Talks About Abuse podcast, Alan and Danielle are joined by Tom Farr, from CEASE UK to discuss the topic of 'Sugar Daddies'.
CEASE stands for Centre To End All Sexual Exploitation. It was set up in 2019 with a core belief “To end sexual exploitation in all its ugly forms, we have to understand what’s driving it. That meant digging down deep to expose the two main root causes of sexual exploitation”:
CEASE focus on two points of why exploitation continues:
- OUR CULTURE; CEASE believes one of the biggest causes of sexual exploitation is the fact that we as a culture have made it completely normal to view people (and especially women) as sex objects not human beings. It’s much easier to harm someone if you see them as a ‘thing’
- TWO: PROFIT CEASE believes humans have turned sex into a saleable commodity – and it’s big business. The international sex trade and the global porn industry are worth billions.
One of CEASE’s aims is to tackle the cultural and commercial forces behind exploitation.
CEASE aims to raise awareness of what sexual exploitation is, where it occurs and how it contravenes our Human Rights by campaigning for better law and policy change. They aim to do this by working with organisations and individuals.
More information can be found here.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
This week on the HJ Talks About Abuse podcast, Alan and Danielle are joined by Tom Farr, from CEASE UK to discuss the topic of pornography.
CEASE stands for Centre To End All Sexual Exploitation. It was set up in 2019 with a core belief “To end sexual exploitation in all its ugly forms, we have to understand what’s driving it. That meant digging down deep to expose the two main root causes of sexual exploitation”:
CEASE focus on two points of why exploitation continues:
- OUR CULTURE; CEASE believes one of the biggest causes of sexual exploitation is the fact that we as a culture have made it completely normal to view people (and especially women) as sex objects not human beings. It’s much easier to harm someone if you see them as a ‘thing’
- TWO: PROFIT CEASE believes humans have turned sex into a saleable commodity – and it’s big business. The international sex trade and the global porn industry are worth billions.
One of CEASE’s aims is to tackle the cultural and commercial forces behind exploitation.
CEASE aims to raise awareness of what sexual exploitation is, where it occurs and how it contravenes our Human Rights by campaigning for better law and policy change. They aim to do this by working with organisations and individuals.
The three areas which can be explored in detail on the website are, pornography, prostitution and the wider sex industry.
Pornography
One of CEASE’s focuses is on how pornography has become normalised leading to exploitation CEASE list the following stances;
- PORNOGRAPHY IS A ‘PUBLIC HEALTH CRISIS’ OF THE DIGITAL AGE.
- THE PORN INDUSTRY IS EXPLOITATIVE AND UNREGULATED.
- PROSTITUTION IS FUNDAMENTALLY EXPLOITATIVE.
- VICTIMS AND SURVIVORS OF SEXUAL EXPLOITATION SHOULD HAVE THE FULL SUPPORT OF THE LAW TO REBUILD THEIR LIVES.
- HUMAN TRAFFICKING AND PROSTITUTION ARE INTRINSICALLY LINKED.
- THE COMMERCIAL SEX INDUSTRY PUTS CHILDREN AT RISK OF SEXUAL ABUSE AND EXPLOITATION.
- HYPERSEXUALISATION IN MEDIA AND WIDER CULTURE IS AN UNDERLYING DRIVER OF CHILD SEX ABUSE & EXPLOITATION.
CEASE campaign to raise awareness how pornography can be racist and how it can hurt children and relationships. Concerns highlighted which can flow from pornography include physical and psychological violence, exploitation, rape, addiction and homelessness.
Prostitution
Prostitution in the UK is not illegal. However, in an attempt to mitigate the harm and risks associated with it, the UK government has criminalised more than 30 associated activities, including: soliciting sex on the street; kerb crawling; advertising using cards in telephone boxes; causing / inciting prostitution or controlling it for personal gain (i.e. pimping); brothel-keeping; and the buying of sex from trafficked individuals. The UK law around prostitution is complicated and, for this reason, there have been various calls for reform.
Wider Sex Industry
CEASE also raise awareness of sugar daddy dating, stripping, webcamming and the shallows (putting one foot into the sex industry whilst also trying to maintain a normal life)
Campaigns
-
AVNOW
CEASE have been running the AVNOW campaign to raise awareness of age verification on porn sites to prevent the harm we have already outlined above and children’s images being used.
Facts states by CEASE state by the UK Government’s own reckoning, 1.4 million children access pornography every month from a young age of 7 or so and over 60% of this accidental – campaigning for age verification is therefore vital
CEASE list in June 2021 another law suit was filed in the USA against Pornhub and its parent company Mindgeek that have been found to have hosted, and profited from, videos of child sexual exploitation, rape, trafficking, and otherwise non-consensually shared footage and images. This time, victims of non-consensual image sharing have filed the case because, as USA Today reports, they ““were ignored, shamed, and sometimes mocked” when they asked MindGeek to remove videos of their abuse from its porn platform.”
-
ProtectKidsFromPorn
CEASE are also crown fundraising, threatening to bring a legal case against the Information Commissioner’s Office (ICO) for failing to protect children’s data from misuse by porn sites. This exposes children to more hardcore and harmful content. Help us call on the Information.
CEASE highlights, these sites are now processing and using the data of children, and the authorities who have the power and competency to investigate them have not.
More information can be found here: Home - CEASE / Centre to End All Sexual Exploitation
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com
On this week's episode of the HJ Talks About Abuse podcast, Alan and Danielle are discussing abuse in massages.
This topic has been brought to light as recently, former Love Island Contestant, Shaughna Phillips, has bravely disclosed claims that her masseur touched her inappropriately.
Previously in 2020 Nicola McLean also disclosed how she was sexually assaulted by a masseur in her own home but couldn’t face reporting this to the police. After the assault she described how she suffered nightmares, anxiety and return of an eating disorder
Many of us have experienced going for a professional massage before and usually the occasion is comfortable and respectful. However, sadly, many people have not shared this same positive experience and have left feeling violated and uncomfortable with the situation they have been put in.
This week we discuss the issue of consent in the podcast. When you go to a professional masseuse, you are consenting to have them perform the desired treatment on you. However, how far does that consent go? It can sometimes be unclear as to whether the actions of the masseuse are necessary to the treatment or over the line and inappropriate. The difficulty is, that without discussing the experience, many of us do not know what is inappropriate in that scenario. Would you expect your masseur to ask you to remove your underwear? Do we feel embarrassed to question the professional? Would you discuss the experience afterwards or feel embarrassed that you are questioning this experience?
As with many situations where abuse occurs, abusers rely upon their position of trust.
Over the years there have been many cases where convictions have been brought against masseurs for sexual assault. In March this year a Belfast masseur was jailed for sexual assault to two young female clients. There have been convictions against masseurs working in high establishment hotels where you would expect to feel safe.
We would encourage anyone who feels they have experienced sexual abuse to report their experience to the police.
In part two, Alan and Michael discuss what lessons can be learned from the impact of Covid-19 on Online Child Sexual Exploitation?
As part of the research project when asked about the lessons of the pandemic for online child protection and safety, OCSE professionals called for:
- Increased education and outreach to children, parents and the community about child safety strategies and the risks of OCSE,
- An adaptive and crisis-prepared child protection system,
- Technology industry transparency and accountability to ensure a timely and proportionate response to OCSE,
- Preventative platform and service design to reduce the opportunities for offenders to target children and to improve reporting and safety measures,
- Enhanced support for OCSE victims and survivors, including holistic case management,
- Recognition of the adaptiveness of OCSE offender communities and a commitment to a similarly adaptive counter-responses, and
- A strengths-based approach that acknowledges the strength and resiliency of children and young people.
Alan raises the question during the podcast: what do you do if your child has been the victim of on-line sexual exploitation?
If your child has been “sextorted” what advice and support is there?
The role of on-line social media platform providers are discussed as well as the need for governments, internationally, to do far more to combat on-line CSE.
The key recommendations from the report are:
- To integrate OCSE professional stakeholders into the planning of child protection responses to crises and pandemics,
- To diversify outreach approaches for the delivery of OCSE prevention and education initiatives,
- To increase transparency and accountability measures for technology companies in the prevention, moderation, and reporting of OCSE, including a safety by design approach,
- To develop accessible specialised support options for victims and survivors of OCSE, and
- To develop robust measures of offender and child behaviour online.
A full copy of “The impact of COVID-19 on the risk of online child sexual exploitation and the implications for child protection and policing” can be found here.
In this podcast Alan Collins discusses with Prof. Michael Salter of the University of New South Wales the impact of Covid-19 on On-Line Child Sexual Exploitation.
It will come , perhaps, as no great surprise that the pandemic with the “lockdowns” as impacted on children and young people in many ways, whether it be being unable to attend school, delayed exams, or not seeing friends and family. Concerns have been raised about the risks of child sexual abuse being heightened by the impact of “lockdowns”, and these have been well-founded given the research undertaken by Prof. Slater and his colleague Dr Tim Wong. Their research paper: “The impact of COVID-19 on the risk of online child sexual exploitation and the implications for child protection and policing” is the subject of this podcast.
The research highlights the following:
- There were significant changes and disruptions to OCSE professional practice as a result of COVID-19. Working from home (and many of can now relate to this), and other COVID-19 safety measures (for example travel restrictions; court closures etc) were particularly challenging for professionals engaged in investigations work, managing sensitive or illegal content, undertaking case management, and for those reliant upon multi-agency collaboration.
- Major increases in reports and investigations into OCSE were not matched by increased victim identification and victim support efforts. Participant responses indicated that they experienced an influx of OCSE reports, resulting in increased investigations work, however OCSE victim identification and support efforts remained at pre-pandemic levels.
- OCSE education and prevention initiatives decreased during the pandemic. Although online risks to children increased during the pandemic, agencies found it difficult to maintain their existing outreach and prevention efforts.
- The majority of professionals identified increased OCSE offending and risk behaviour as a result of the pandemic including increases related to: child sexual abuse material, online grooming, activity in online abuse communities, online risk taking by minors, and live streaming of abuse material.
- OCSE professionals reported a lack of robust statistical measures of OCSE offender behaviour and child risk as a key constraint when assessing the impact of COVID-19 on online child safety and offender behaviour.
A full copy of “The impact of COVID-19 on the risk of online child sexual exploitation and the implications for child protection and policing” can be found at: https://www.arts.unsw.edu.au/sites/default/files/documents/eSafety-OCSE-pandemic-report-salter-and-wong.pdf
'CEASE' stands for 'Centre To End All Sexual Exploitation'. It was set up in 2019 with a core belief “To end sexual exploitation in all its ugly forms, we have to understand what’s driving it. That meant digging down deep to expose the two main root causes of sexual exploitation”:
CEASE focus on two points of why exploitation continues:
- OUR CULTURE; CEASE believes one of the biggest causes of sexual exploitation is the fact that we as a culture have made it completely normal to view people (and especially women) as sex objects not human beings. It’s much easier to harm someone if you see them as a ‘thing’
- TWO: PROFIT CEASE believes humans have turned sex into a saleable commodity – and it’s big business. The international sex trade and the global porn industry are worth billions.
One of CEASE’s aims is to tackle the cultural and commercial forces behind exploitation.
CEASE aims to raise awareness of what sexual exploitation is, where it occurs and how it contravenes our Human Rights by campaigning for better law and policy change. They aim to do this by working with organisations and individuals.
The three areas which can be explored in detail on the website are pornography, prostitution and the wider sex industry.
Pornography
One of CEASE’s focuses is on how pornography has become normalised leading to exploitation CEASE list the following stances;
- Pornography is a ‘public health crisis’ of the digital age.
- The porn industry is exploitative and unregulated.
- Prostitution is fundamentally exploitative.
- Victims and survivors of sexual exploitation should have the full support of the law to rebuild their lives.
- Human trafficking and prostitution are intrinsically linked.
- The commercial sex industry puts children at risk of sexual abuse and exploitation.
- Hypersexualisation in media and wider culture is an underlying driver of child sex abuse & exploitation.
CEASE campaign to raise awareness how pornography can be racist and how it can hurt children and relationships. Concerns highlighted which can flow from pornography include physical and psychological violence, exploitation, rape, addiction and homelessness.
Prostitution
Prostitution in the UK is not illegal. However, in an attempt to mitigate the harm and risks associated with it, the UK government has criminalised more than 30 associated activities, including: soliciting sex on the street; kerb crawling; advertising using cards in telephone boxes; causing / inciting prostitution or controlling it for personal gain (i.e. pimping); brothel-keeping; and the buying of sex from trafficked individuals. The UK law around prostitution is complicated and, for this reason, there have been various calls for reform.
Wider Sex Industry
CEASE also raise awareness of sugar daddy dating, stripping, webcamming and the shallows (putting one foot into the sex industry whilst also trying to maintain a normal life)
Campaigns
-
AVNOW
CEASE have been running the AVNOW campaign to raise awareness of age verification on porn sites to prevent the harm we have already outlined above and children’s images being used.
Facts states by CEASE state by the UK Government’s own reckoning, 1.4 million children access pornography every month from a young age of 7 or so and over 60% of this accidental – campaigning for age verification is therefore vital
CEASE list in June 2021 another law suit was filed in the USA against Pornhub and its parent company Mindgeek that have been found to have hosted, and profited from, videos of child sexual exploitation, rape, trafficking, and otherwise non-consensually shared footage and images. This time, victims of non-consensual image sharing have filed the case because, as USA Today reports, they ““were ignored, shamed, and sometimes mocked” when they asked MindGeek to remove videos of their abuse from its porn platform.”
-
ProtectKidsFromPorn
CEASE are also crown fundraising, threatening to bring a legal case against the Information Commissioner’s Office (ICO) for failing to protect children’s data from misuse by porn sites. This exposes children to more hardcore and harmful content. Help us call on the Information.
CEASE highlights, these sites are now processing and using the data of children, and the authorities who have the power and competency to investigate them have not.
More information can be found here: Home - CEASE / Centre to End All Sexual Exploitation
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
In this episode of HJ Talks about Abuse podcast, Alan Collins and Feleena Grosvenor discuss the harm of encryption in relation to tackling child sexual abuse.
In 2020, the internet watch foundation received 300,000 reports, 153,000 of those were verified to be new child sexual abuse content. The police, and other professional bodies, have expressed concern that more child predators can be found on messaging apps, rather than on the dark web.
These authorities are concerned regarding wider use of end-to-end encryption on messages as this makes it much harder to apprehend suspects and detect child predators.
End-to-end encrypted messages can only be read by the sender and recipient. Every message has a unique “lock and key”. This means that no one can read the message’s contents while it is in transit. Third parties such as Facebook and Microsoft cannot decrypt the content of messages, and therefore cannot hand information in relation to criminal activity to the authorities.
Facebook has stated its intention to introduce this to its messenger and Instagram direct platforms. It has stated that end-to-end encryption has its positives in relation to privacy and keeping individuals safe from hackers and criminals.
The UK, US and Australia have repeatedly objected to the idea for several years because of the negative impact it would cause to combatting child abuse. The wider use would drastically reduce the amount of child sexual abuse material that is reported to authorities.
We encourage anyone who has comments or concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins at alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
Should encryption be curbed to combat child abuse? - BBC News
MI5 chief Ken McCallum accuses Facebook of giving ‘free pass’ to terrorists | News | The Times
In this episode of HJ Talks About Abuse podcast, Alan Collins and Feleena Grosvenor discuss the legal agreement between the Equality and Human Rights Commission and the East of England Ambulance Service Trust.
In June 2020, the Care Quality Commission (“CQC”) concluded an inspection into the East of England Ambulance Service Trust. The CQC reported that thirteen cases of sexual misconduct by staff had been reported to the police. The information was received from seven whistleblowers in relation to "safeguarding patients and staff from sexual abuse, inappropriate behaviours and harassment".
In August 2020, the CQC approached the Equality and Human Rights Commission (“EHRC”).
The EHRC entered into a legal agreement with the Ambulance Service due to the “egregious breaches of the Equality Act”. This is the first legal agreement between the EHRC and an NHS Trust.
The agreement lays down specific measures, including:
- Carrying out a staff survey to assess levels of sexual harassment within the trust
- Implementing training which responds to the findings of the survey
- Reviewing its Dignity at Work policy to include a clear harassment strategy statement and procedure
- Having board and senior managers take part in a workshop on sexual and predatory behaviour
- Completing risk assessments to identify areas in the trust where sexual harassment is most likely to occur and putting appropriate measures in place
We encourage anyone who has comments or concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins at alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
East of England Ambulance Service Trust in legal agreement to tackle sexual harassment - BBC News
NHS East of England Ambulance Service paramedic jailed for sexual assault of patients - BBC News
In this episode of HJ Talks about Abuse podcast, Alan Collins and Feleena Grosvenor discuss the new Catholic Safeguarding Standards Agency (“CSSA”).
In November 2020, the Independent Inquiry into Child Sexual Abuse (“IICSA”) published the final report in relation to child sexual abuse in the Catholic Church. The final report stated, among other conclusions and criticisms, that the Catholic Church appeared at times to care more about the impact of abuse on the Church's reputation than on the victims.
The Catholic Church created the CSSA and published an Action Plan in response to the IICSA report.
The CSSA creates a professional standard to which all Catholic Dioceses and Religious Life Groups in England and Wales will be accountable. This means that the body will be able to sanction clergy who do not meet those standards.
Mr Nazir Afzal has been appointed as chair of the CSSA. His appointment is said to represent “a seismic shift in culture” that is desperately needed.
He was the former Chief Crown Prosecutor in the Rochdale grooming gang cases as the Chair of their new safeguarding agency.
The CSSA also appoints Stephen Ashley as the Deputy Chair. He is a former Assistant Chief Constable who authored a Home Office report on the conduct of the police during the investigations into sex offences committed by former television personality Jimmy Savile.
We encourage anyone who has comments or concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins or Feleena Grosvenor.
Sources:
- Ex-prosecutor Nazir Afzal to lead Catholic Church child abuse body - BBC News
- Catholic Safeguarding Standards Agency | Mysite (catholicsafeguardingproject.org)
- Microsoft Word - 2021.04.30 - IICSA Recommendations - Response Paper FINAL.docx (cbcew.org.uk)
In this episode of HJ Talks about Abuse podcast, Alan Collins and Feleena Grosvenor discuss the Domestic Abuse Bill that was passed into law on 29 April 2021.
The Act, for the first time, provides a legal definition of domestic abuse. It also provides a number of protections to the millions of people who experience abuse.
The Act states that domestic abuse is:
- Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if;
(a) A and B are each aged 16 or over and are personally connected to each other, and
(b) the behaviour is abusive.
- Behaviour is “abusive” if it consists of any of the following;
(a) physical or sexual abuse;
(b) violent or threatening behaviour;
(c) controlling or coercive behaviour;
(d) economic abuse (see subsection (4));
(e) psychological, emotional or other abuse;
and it does not matter whether the behaviour consists of a single incident or a course of conduct.
Some monumental measures include that abusers will no longer be allowed to directly cross-examine their victims in the family and civil courts and the extension of the offence of threatening to disclose intimate images.
The Act also provides the new offence, as discussed in a previous podcast, of Non-fatal strangulation.
Other measures include:
- Victims will have better access to special measures in the courtroom to help prevent intimidation – such as protective screens and giving evidence via video link.
- new police powers, including Domestic Abuse Protection Notices
- extending the controlling or coercive behaviour offence to cover post-separation abuse
- explicitly recognise children as victims if they see, hear or experience the effects of abuse
- establish in law the office of Domestic Abuse Commissioner and set out the Commissioner’s functions and powers
- placing a duty on local authorities in England to provide support to victims of domestic abuse and their children in refuges and other safe accommodation
- provide that all eligible homeless victims of domestic abuse automatically have ‘priority need’ for homelessness assistance
- place the guidance supporting the Domestic Violence Disclosure Scheme (“Clare’s law”) on a statutory footing
We encourage anyone who has concerns about sexual abuse, domestic abuse or related matters, to get in touch with Alan Collins at alan.collins@hughjames.com or Feleena Grosvenor at Feleena.grosvenor@hughjames.com.
Sources:
Landmark Domestic Abuse Bill receives Royal Assent - GOV.UK (www.gov.uk)
Domestic Abuse Act: Factsheet - Home Office in the media (blog.gov.uk)
Domestic Abuse Bill: For these victims, a new law is long overdue - BBC News
Jess Davies features in the new BBC documentary ‘When Nudes Are Stolen’.
Jess is a former glamour model and is now a presenter. She is joined in the documentary by a number of guests, including glamour model Joey Fisher.
Jess explains how she has spent the last 10 years trying to have her images removed from catfish sites, porn sites and dating websites. Of the many problems she has faced from this, she discusses how her images have been used to extortion money from men and also depicting her working on an escort site. Jess discloses how she has had 1000’s of messages from men who think they have spoken with her or have sent her money.
It is clear the distress and impact that this has on Jess throughout the documentary. This has impacted her confidence and relationships. This is also true of Joey Fisher who she then interviews.
The concerns raised whilst watching this documentary mirror that of many individuals who have suffered revenge porn. Jess explains the difficulties she has had having these images of her removed from websites, and only to be removed from one website appear on another.
Organisations have now been set up to remove these images from sites for individuals impacted by this, but this comes with a heavy fee, which many people just don’t have.
There can be significant costs involved not just financially but emotionally too.
Another issue raised in the documentary is what has become known as ‘E-Whoring’. This is where individuals sell mega - folders of images of women online (sometimes with hundreds of images in one folder of one person). Users can log on and request a specific individual and within minutes can be sent a bundle of such individuals images. Websites have been set up to exchange these bundle folders for cash payments. The term alone connotes that the person is choosing to be passed around. This is hardly conducive to enabling people to feel that they can come forward as victims. This is image based abuse.
Jess interviews one woman who has been impacted by such exchanging of images and felt that she became nothing more than a commodity to trade. Sadly, as explored the impact of this has had a lasting impact, including suicidal ideations.
The concerning message that comes across from the documentary is how normalised it has become to trade images on the web without restriction or the consent of the individual in the images. Technology is so fast paced that our current laws do not keep up.
In regards to consent, it is of course absolutely possible for someone to share a nude photo and consent for the recipient to have it for limited or particular purposes only, not to be shared. This is somewhat more difficult where someone has allowed photos of themselves to be published online or in a magazine to strangers as discussed in Jess’ situation.
In Ireland in December 2020 the criminal images based sexual abuse bill was passed which provides more protection. However, in England and Wales an offence is only committed if sharing an intimate image is done with the intention to cause distress. This therefore has many loopholes. As we have previously discussed, progress is being made for change with campaigns like The Naked Truth which aims to make threats to share intimate images a crime.
In regards to causes of action, there are a number of routes all very much depend on the facts of the case.
There are potential claims for Harassment under the Harassment Act 1997 if there has been a course of conduct.
There may be a claim for intentional infliction of harm if there has been unjustified conduct which has caused psychiatric injury. For example, sharing photos without consent or inducing a child to take photos or sending photos of oneself might be unjustified conduct. So might putting someone's face on someone else's nude body (deepfakes). Also sharing a photo that was provided for a limited purpose.
Misuse of confidential information if confidential and private information (including images) is given to someone in a relationship of trust and confidence who makes unauthorised use or disclosure of it, there is a claim. So, this would also cover images freely shared in a relationship and then misused. It would also cover other information shared.
Infringement of privacy. This overlaps with the above and is a cause of action where there is a reasonable expectation of privacy.
Breach of copyright of whoever owns the photograph. There may also be a claim under Data Protection depending on the facts.
Again, depending on the facts of the case would depend on who the potential defendant to make the claim against is.
The person who posts the image would be the most obvious defendant. The person who takes the picture of the victim or is given it for a limited purpose and then shares it.
Sharers might be liable depending on the circumstances in which the image came into the sharer's possession. Sadly, the people hosting the websites sharing multi folder images are likely to be organised criminals which would not be operated by reputable UK domiciled businesses.
There is also difficulty consumers who just view the images if they are not themselves selling them on.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com
Holly grew up in a small town in Washington State. At 3 years old her stepfather began to abuse her. The abuse continued until she was 12 when her mother and stepfather divorced.
At 14, Holly disclosed the abuse she had suffered to her mother. Holly found out her stepfather had also abused the young children in the next family he went to.
Holly went on to testify against her abuser. He was offered a plea deal to plead guilty to indecent liberties (which is fondling or touching in America) instead of being charged with sexual abuse or rape. He was sentenced to less than a year. When he got out he moved back in with the children he had abused and his wife breaking his bail conditions. He was sent back to prison for a few years.
Her abuser was removed from the sexual predator list as Washington State has a law to protect those falsely accused and invites those with good behaviour off the list after a time.
At 40 Holly’s marriage broke down. She was not faithful. She commenced trauma counselling, a 30-day intensive trauma program. Holly realised she was holding on to so much guilt about not disclosing her abuse sooner. She believes it is never too late to seek help and recovery options for everyone.
It is now 12 years since she entered the recovery program. She has also attended Sex and Love Addiction meetings and completed another two-week outpatient intensive course on relationships as a mom and abandonment issues.
Holly is now focused on how can she can give back to other survivors? She is now a certified coach focusing on helping professionals. She relocated to Northern Ireland and has spent the last year working for a charity that focused on providing counselling of those affected by sexual assault.
Holly’s goal now is to be an advocate for survivors by becoming an Ambassador for NAASCA. She started ASCA meetings for survivors in Northern Ireland and therapist. Holly’s ultimate goal is to open an intensive program in Northern Ireland and advocate for survivors.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com
Over the last few months, we have discussed abuse in education by teachers.
Within such profession, we expect a high standard from those looking after children to have sufficient background checks and be of suitable character.
We now turn to discuss abuse overseas following the conviction of British Music National teacher, James Alexandra.
Alexandra was a former British employed teacher who had worked at Bromsgrove International School in Bangkok. During his time overseas, he tried to orchestrate the abuse of young girls in the Philippines.
Alexandra had been subject to an investigation where it was found he had sent 15 money transactions to unidentified facilitators known for live-streaming child abuse from Iligan City in Northern Mindanao, Philippines.
Evidence was accumulated against Alexandra that he was carrying out offences between 2017-2020. His devices were seized on arrival in the UK which showed he had asked the facilitators to send him images of girls under 13 posing indecently. Investigators also said they found numerous illicit photos of minors on Alexander’s phone along with messages in which he described how would like to abuse children as young as 4.
The investigation noted, Alexander tried to arrange travel to the Philippines to abuse children in person, but there are no records of him ever traveling there.
The UK National Crime Agency’s senior investigating officer, Hazel Stewart stated “Alexander clearly tried to manipulate and exploit the poverty of the vulnerable in order to gratify his sick sexual desires. He believed he could abuse Filipino children safely from his home and wanted to visit the Philippines to carry out the sexual abuse himself.”
Several children placed under protective care.
He was convicted of plotting to abuse children in the Philippines by the Leeds Crown Court, and was banned from all foreign travel and placed on a permanent sex offender list after trying to arrange to abuse children in the Philippines.
Alexandra was sentenced to five years in jail.
Sexual abuse against children conducted in different countries continues to be on the increase with ever evolving technology.
This is not the first time we see such shocking headlines. BBC investigations presented by Stacey Dooley documented “Mums Selling Their Kids for Sex” in the Philippines where Filipino mothers sexually abuse their own children, live in front of webcams in exchange for money.
ICE Homeland Security Investigations (HSI), conducted a secret operation in the hope of arresting several mothers who were selling their own children for sex.
The investigation found the disturbing reality was many of the abusers were coming from the US and the UK.
Abusers can still face criminal sanctions in the UK even if the offences are committed abroad.
Hugh James acted for the claimants in the successful High Court action brought against Derek Slade who had sexually abused boys in the Philippines. Slade was found by the judge to have sexually abused five boys and ordered him to pay them compensation.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
Islington Council has published a proposed support payment scheme for survivors of abuse suffered while placed by the council in one of its children’s homes from 1966 to 1995.
The proposed scheme would enable abuse survivors to receive a financial support payment of £8,000, without having to bring a civil compensation claim.
Find out more about the proposed scheme in our recent blog.
April was Sexual Assault Awareness Month, and one way to raise awareness was by wearing jeans on 'Denim Day' which was on 28 April 2021.
Denim Day is on a Wednesday in April every year and is to remind society of the dangers and injustices of victim blaming.
The campaign began after the Italian Supreme Court, in 1999, overturned a rape conviction in which an 18-year-old student in Italy was raped by her 45-year-old driving instructor during a driving lesson in 1992. They ruled that because she was wearing tight jeans, there must have been consent. The following day, the women in the Italian Parliament came to work wearing jeans in solidarity with the victim.
Since then, what started as a local campaign to bring awareness to victim blaming and destructive myths that surround sexual violence has grown into a movement. We are all familiar with the refrain: “she was asking for it…”; “what did he expect?”. These are of course weak excuses for criminal behaviour, if not outright condonement.
Denim Day asks community members, elected officials, businesses and students to make a social statement with their fashion statement by wearing jeans on this day as a visible means of protest against the misconceptions that surround sexual violence.
This is particular apt given current concerns about sexual assault and harassment in schools and universities.
Ofsted inspectors are to carry out checks on schools in England that have been the subject of recent complaints about sexual harassment and assault.
The education watchdog said inspection teams would visit a sample of institutions where cases have been highlighted on the Everyone’s Invited website, which has collected more than 14,000 testimonies including alleged rapes and sexual attacks among children of school age.
The visits will form part of an emergency review of sexual abuse in schools and colleges, due to be completed by the end of May.
Ofsted said it would not report on individual schools or cases but would look at good and bad practice across the country.
Details of Ofsted’s investigation can be found here and more information on Denim Day can be found on the website here.
This week on the HJ Talks About Abuse podcast we talk to guest Adrian Goldberg. Adrian is a radio presenter, ex BBC Watchdog and 5 Live investigator. He also has his own podcast, Byline Times Podcast.
Adrian is one of the creators of the Celtic Boys Club Scandal film and podcast.
Following numerous criminal trials and convictions, a media storm regarding abuse in football and the documentary Football’s Darkest Secrets, more and more clubs have been identified where boys were abused by coaches or scouts.
Adrian co-produced and released a film on YouTube called ‘The Celtic Boys Club Scandal’ which was a crowdfunded documentary regarding the abuse at Celtic Boys Club and failings to investigate or report such abuse. The film covers, Jim Torbett who was one of the coaches that later went on to be convicted amongst others.
We discuss the concerns that were raised at the time and failings. In addition the film covered some of the political issues.
During the podcast, we also discuss mandatory reporting and what further changes are needed in football, and wider sport in general.
The following organisations are available to contact for support:
- Victim Support Line: Offering emotional and practical support for anyone who has been a victim of crime. Telephone: 0808 1689 111 - victimsupport.org.uk
- Rape Crisis: Services for women and girls who have been raped or have experienced sexual violence. 0808 802 9999 - www.rapecrisis.org.uk
- Survivors UK: Offers support for men and boys. 0203 598 3898 - www.survivorsuk.org
- NSPCC: help@nspcc.org.uk. 0808 800 5000
- Child Line: www.childline.org.uk
- NAPAC: Offers support to adult survivors of all types of childhood abuse. www.napac.org.uk
- Offside Trust: Offers support to survivors of child sexual abuse in sport. www.offsidetrust.com
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
Last week, our Partner, Alan Collins, was a guest on the British Wrestling Experience podcast. He joined host, Martin Bushby, to discuss the All-Party Parliamentary Group on Wrestling report, alongside Labour MP and co-chair of the group, Alex Davies-Jones and Will Cooling from PW Torch.
The All-party Parliamentary Group on Wrestling published it's report into professional wrestling in Great Britain on 8th April 2021.
The report makes interesting reading and the authors make a series of recommendations.
Wrestling has come on a long way from the days of Saturday afternoon television where audiences were entertained by stars such as Big Daddy and Giant Haystacks. These were household names.
That was a time when terms and concepts such as “safeguarding” did not feature on the public lexicon. Child abuse and any association with wrestling or the risk of it would never have featured as a consideration. The APPG in its report have drawn to our attention, and in particular the world of wrestling, that the sport is not immune to the risk of child abuse, and that it needs to act.
In the podcast we discuss safeguarding and the risk of sexual abuse in wrestling, and what action needs to be taken to address the concerns raised by the APPG and others. Moreover, we discuss the implications for the sport if sexual abuse occurs, and the lessons that, perhaps, can be learnt for example the need to ensure that there is the right culture.
Technology continues to evolve, faster than our laws can keep up. Over the last few years, there have been increased concerns regarding the artificial intelligence known as 'Deep Fakes'.
Deep Fakes is the term used to describe taking the face of someone and placing it in any image or video of choosing. Simply, you only need a picture of the individuals face. Surprisingly, some of these videos can look incredibly real.
We have seen this in free apps such as 'Reface' which can be immediately downloaded to your phone. Such apps allow you to put your face on your favourite film character or make a still picture of you, or even have you sing or move. For many this is humorous, to be a character in your favourite music video or film. We have all seen such videos on our friends or family’s social media accounts, where they have turned themselves into a Christmas character or A-List celebrity video.
However, there is a much sinister and disturbing side to this technology. Anyone can create such videos using your image without your consent. This can then be uploaded to the internet immediately. Concerns regarding deep fakes include conflicting political statements, blackmail and fraud. Barack Obama’s voice has been used in such videos as well as videos using Donald Trump’s face.
Statistics featured in the Huffington Post article note such videos are increasingly pornographic in nature, with 96% of deep fake clips featuring an image replacing that of a porn actor. During 2019, statistics found the number of videos online doubled in a year and of the 85,000 circulating online, 90 per cent are non-consensual porn featuring women and many included images/ or videos engaging in extreme acts of sexual violence.
As noted above, this has included photographs of celebrities, politicians and regular individuals. Taylor Swift, Maisie Williams, Emma Watson, Michelle Obama, Meghan Markle, Boris Johnson and Mark Zuckerberg include just a few that have been victims of deep fakes technology.
Just using one example, in 2017, a Reddit user made deep fake videos of ‘Maisie Williams’ and ‘Taylor Swift’ having sex. Within 8 weeks, it had 90,000 subscribers.
Clearly the impact to victims can be significant both emotionally and financially if this impacts the victims career. There can be huge embarrassment to the victim if this is widely shown with friends, family and/or work colleagues, especially if the viewer does not realise the imagery is a fake.
As with revenge porn, there are a number of concerns including; who posted the content, proving they didn’t consent to this and having this removed from the site (or perhaps multiple sites).
Many social media platforms including Pornhub, Facebook and Twitter have tried to ban them after public pressure. There are two new pieces of legislation, the EU’s Digital Services Act and the UK’s proposed Online Harms bill, which will hold platforms responsible for the content they host. However, this offers little support to the victim.
In the UK, you can be prosecuted for harassment for making and distributing such images/videos. In May 2018, a 25-year-old male was jailed for 16 weeks and ordered to pay £5,000 in compensation for photoshopping pictures of a female intern to porn websites
A campaign has been started called #MyImageMyChoice, calling for legal changes worldwide pushing for a global human rights solution to the problem by the Government creating world-leading intimate image abuse laws. This is to focus on the violation of privacy and require an online consent for such imaginary to be placed online.
At the start of March, the UK Law Commission published a consultation paper with testimonies from #MyImageMyChoice. It will therefore be a matter of time before we see what changes, regulations and further protective measures are put in place.
If you believe you are a victim of deep fakes, contact the website administrators requesting this is removed without delay. You may also wish to report this to the police to investigate potential harassment charges against the perpetrator.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
In this podcast we discuss the recently published 'Nature of sexual assault by rape or penetration, England and Wales: year ending March 2020'. The report from the Office for National Statistics is concerned with: Information from the Crime Survey for England and Wales on the amount, type and nature of sexual assault by rape or penetration (including attempts) experienced since the age of 16 years.
It provides a very comprehensive picture of sexual offending as it more-or-less is now. Information was collected from the general public and following analysis there are some stark headlines which warrant further consideration:
- One in 40 women aged between 16 and 24 in England and Wales experience rape or assault by penetration, including attempts, each year, ONS estimates suggest.
- Overall, 0.1% of men and 0.8% of women aged over 16 said they were victims of these crimes in the year to March 2020.
- Some 773,000 adults aged 16 to 74 said they were victims of any type of sexual assault during the same period.
- There were almost four times as many female victims of sexual assault as men, at 618,000, compared to 155,000.
Non-reporting and reporting to the police
Sexual offences are as the ONS noted often hidden crimes that are not reported to the police. The reasons for non-reporting are often based in fear, shame, blackmail, and a lack of appreciation that a complaint will be taken seriously by the authorities.
Therefore, data held by the police can only provide a partial picture of the actual level of crime experienced. One of the strengths of the Crime Survey for England and Wales is that it covers many crimes that are not reported to the police.
The year ending March 2020 Crime Survey for England and Wales estimated that 1.6 million adults aged 16 to 74 years had experienced sexual assault by rape or penetration (including attempts) since the age of 16 years.
Of victims who experienced sexual assault by rape or penetration (including attempts) since the age of 16 years:
- almost half (49%) had been a victim more than once.
- fewer than one in six (16%) reported the assault to the police and of those that told someone but not the police, 40% stated embarrassment as a reason, 38% did not think the police could help, and 34% thought it would be humiliating.
- Victims who did tell the police did so primarily to prevent it happening to others (47%), although, believing it to be the right thing to do (44%) and wanting the perpetrator(s) punished (43%) were similarly common.
- As victim age increased, so did the number of victims telling the police: just 10% of 16- to 19-year-olds reported the assault to the police, compared with 27% of 35- to 44-year-olds).
- showed that the majority (69%) of victims told someone about the sexual assault by rape or penetration they had experienced since the age of 16 years. Victims were most likely to tell someone they knew personally (60%)
- victims were equally as likely to tell someone in an official position (28%) as another support professional or organisation (29%) about the assault experienced.
Age and sex
In the years ending March 2017 and March 2020 combined, the majority of victims who had experienced rape or assault by penetration since they were 16 years old reported that the perpetrator(s) were male (98%). Almost two-thirds (65%) reported that the perpetrator was a male aged between 20 and 39 years.
Victims who experienced sexual assault by rape or penetration since the age of 16 years were most likely to be victimised by their partner or ex-partner (44%). This was closely followed by someone who was known to them other than a partner or family member (37%), which includes friends (12%) and dates (10%)
Where does the offending occur?
The most common location for rape or assault by penetration to occur was in the victim’s home (37%), followed by the perpetrator’s home (26%). The assault had taken place in a park, other open public space, car park or on the street for 9% of victims.
Almost half of victims who reported the perpetrator was a stranger, said the perpetrator was under the influence of alcohol when the sexual assault took place.
Method used by perpetrator
For over half (54%) of victims, physical force had been used by the perpetrator to try to make them have sex with them, with 10% reporting the perpetrator had choked or tried to strangle them. Over one-fifth (22%) of victims reported feeling frightened or that the perpetrator had threatened to hurt them, and in 6% of reported cases, threats to kill the victim were made by the perpetrator.
Over a fifth (21%) of victims were either unconscious or asleep during the most recent incident of sexual assault by rape or penetration.
Injuries
Victims of sexual assault by rape or penetration (including attempts) since the age of 16 years were asked questions on physical injury and other, non-physical effects experienced as a result of the most recent incident of assault.
Nearly two-fifths of victims (36%) reported that they suffered some sort of physical injury. The most common types of injuries were minor bruising or black eye (23%) and scratches (15%)
Victims were presented with a list of other non-physical effects and were asked if they had suffered any of these as a result of the assault. For both men and women, the category most likely to be reported was “mental or emotional problems” (47% of male victims and 63% of female victims). Around one in ten victims (12% of men and 10% of women) said they had attempted suicide as a result.
Conclusions
Behind the numbers and statistics lie real people: victims and survivors each with their own story to tell. That must be an important reminder when trying to understand the figures and attempting to analyse them, let alone draw conclusions. Nevertheless, we attempt to do so….
It remains abundantly clear that victims are reluctant to come forward out of misplaced shame. Even in 2021 sexual abuse is still some thing of a taboo subject. There is a greater understanding of the issue but that does not necessarily correlate in to negating the very human feelings of embarrassment etc. Victims do not necessarily know what kind of reception that will receive when the contact the police: “How do I explain to a stranger what happened?” There have been of course lurid media stories of victims being cross-examined in court and having their reputations trashed. This only serves to re-enforce perceptions or misconceptions that reporting may have unwelcome consequences.
Much of course has been achieved in helping victims come forward to complain and to be assisted in the criminal justice system, but the report shows there is still much to be done. The MOJ’s The code of practice for victims of crime and supporting public information materials is an example of the steps that have been taken to support victims in the criminal justice system. Likewise important steps have been taken to assist victims in giving evidence for example through the pre-recording of their testimony.
In previous podcasts we have discussed offending behaviour and changes in societal norms, for example the prevalence of “sexting”; the misuse of intimate pictures, and sex trafficking. Are we seeing these trends appearing in the statistics? One of the interesting figures concerns strangulation – another podcast subject, and we have seen moves to make this a particular offence.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
We recently discussed abuse in schools, specifically public boarding schools. We looked at how cases of sexual and physical abuse were still coming to light against teachers or staff despite more stringent safeguarding measures being introduced. We discussed liability and actions available to victims.
However, in the last few weeks more and more reports have started to surface regarding abuse of pupils by other pupils in schools, in what has concerningly become dubbed ‘the rape culture’.
Westminster School hit the headlines when ex pupils compiled a 21 page dossier of rape culture claims. The claims document how female pupils were harassed and abused on a daily basis, having been forced to perform sex acts on male pupils. Further allegations included teachers buying a sex toy for a pupil. A number of other disturbing allegations included projecting images of female pupils on the whiteboard and asking teachers if they would “smash or not”.
Victims disclosed how alcohol was used to intoxicate students by other students to enable them to rape them. Other allegations including having trousers pulled down in front of others, groping, harassment and rape. Younger pupils were deemed “fresh meat” by older pupils and sixth formers.
Highgate School has commissioned an immediate external review after a number of pupils walked out of the school, after allegations that the rape culture was tolerated by staff. The school has been criticised for not investigating or acting on allegations of abuse.
Dulwich school pupils planned a protest march which was cancelled due to the current COVID-19 pandemic following a report in The Times of over 100 accounts of sexual abuse at the school.
A number of other schools have also been linked to similar allegations including St Pauls; Eton; and Latymer Upper School. Many of the named schools have now commenced internal investigations.
England’s children commissioner, Rachel de Souza, has now stated that serious claims of sexual violence and harassment in schools must be reported to police in a response. Ofsted have also confirmed they will look to investigate. Maybe if mandatory reporting was in place such a call would not be necessary?
An online campaign called 'Everyone's Invited' has now also been set up to encourage users to post anonymous testimonies of the abuse they have suffered at school.
All schools are expected to have sufficient safeguarding procedures to prevent abuse. If a school employee (such as a teacher) has committed abuse, it is possible to make a civil claim against the individual’s employer on the basis of vicarious liability if it can be established that the abuse occurred during the course of employment or in a relationship akin to employment.
When abuse is committed by another pupil this becomes more complicated, especially if they are also a minor. Whether a successful claim could be brought against the school would depend on the facts of the individual case. If the school had been informed of complaints of ongoing sexual abuse/or witnessed this and failed to step in/prevent such, the school in question may be deemed liable in a civil claim.
The following organisations are available to contact for support:
- Victim Support Line: Offering emotional and practical support for anyone who has been a victim of crime. Telephone: 0808 1689 111 victimsupport.org.uk
- Rape Crisis: Services for women and girls who have been raped or have experienced sexual violence - 0808 802 9999 www.rapecrisis.org.uk
- Survivors UK: Offers support for men and boys - 0203 598 3898 www.survivorsuk.org
- NSPCC: help@nspcc.org.uk 0808 800 5000
- Child Line: www.childline.org.uk/0800 1111
- NAPAC: Offers support to adult survivors of all types of childhood abuse. www.napac.org.uk
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
Recently, the Hugh James Abuse team discussed the surge in popularity of websites such as OnlyFans and Pornhub. We have also discussed the law in relation to revenge porn and the campaign ‘The Naked Threat’ in relation to threats to share intimate images.
Sadly, with the increase in popularity of pornographic websites where anyone can upload images immediately with little background checks, more and more individuals are having images shared online without their consent. The question remains, are those participating in videos or images consenting to the same being shared online? Are the laws in that country or state being broken? Sadly, some victims will never know their private images have been shared for millions to see. There has also been much concern in relation to both sex trafficking and the uploading of child abuse pornography.
In recent weeks, another female in the public eye, Georgia Harrison star from The Only Way is Essex and Love Island disclosed that her former boyfriend had posted a video of them having sexual intercourse online to OnlyFans, filmed without her knowledge and shared without her consent. She documented the difficulties she had when she contacted the OnlyFans site to have these images of her removed.
Following this, people began to circulate the video on social media and Whatsapp. A number of newspapers and magazines highlighted why these images should not continue to be shared and the legal implications to those doing so.
OnlyFans did remove the post and suspended the account it came from after an initial delay following significant public scrutiny. However, this begs the question, how many individuals are featured on this site without consent or knowledge? Once again this highlights the lack of background due diligence checks these companies complete when uploading new material. We will see in the coming weeks what changes OnlyFans will make and whether the person who did upload the images in question will face criminal prosecution. At the time of writing, the press has reported the individual has been charged with harassment, exposure and voyeurism.
Pornhub has over 3.5 billion visits each month. On 12 December 2020, the Company deleted over 10 million videos following a backlash over illegal and depraved content. There were 13 million videos prior to this, which shows the grand scale of the removal.
The move finally came following an investigation by the New York Times, which revealed a large number of the site's porn videos featured underaged and sex-trafficked people.
The report also found Facebook removed 12.4 million images related to child exploitation in a three-month period. Twitter closed 264,000 accounts in six months for engaging in sexual exploitation of children. By contrast, Pornhub notes that the Internet Watch Foundation, an England-based non-profit that combats child sexual abuse imagery, reported only 118 instances of child sexual abuse imagery on its site over almost three years, Pornhub said “Eliminating illegal content is an ongoing battle for every modern content platform, and we are committed to remaining at the forefront,” The full report can be found here.
Cosmopolitan reported on concerns regarding videos of genuine rapes and sexual assaults being posted. The publication said “We must consider the ongoing impact for the victims and also whether disclosing such images online begins to normalise sexual abuse to the viewer.” At the time, a spokesperson for Pornhub said “Videos with these titles are more often legal, consensual videos catering to various user fantasies”.
Pornhub has largely been criticised for allowing videos to remain up without verifying that the participants consent to these images being shared online which is the common concern with OnlyFans. Although a minority of those sharing images without consent may have been punished within the criminal legal system, Pornhub largely remained unaccountable.
Both major sponsors Visa and Mastercard have cut ties with Pornhub when news of the inappropriate videos was made public. Pornhub have now confirmed they have brought in what it claims are “the most comprehensive safeguards in user-generated platform history”.
In what can only be seen as a positive move, Pornhub has now banned unverified uploaders from posting new content as more stringent safeguarding put in place moving forward which is positive.
It will be of interest to see how sites like Pornhub and OnlyFans will continue to safeguard individuals from revenge porn and what steps they take to validate that the participants have consented.
There are still urgent calls to regulate the porn industry to protect those who work within the industry and those who have been exploited by it.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
In the last two weeks, we have seen the saddening news of another murder of a young woman in London. What followed was a huge police search using CCTV footage. It highlights once again, how unsafe our streets can be.
In today’s podcast, we talk to Nick Gazzard who founded the 'Hollie Gazzard Trust' following his daughters death. This podcast was pre-recorded before the saddening death of Sarah Everard.
Hollie Gazzard was murdered in 2014 outside her place of work by an ex-boyfriend at just 20 years old. Sadly, she had reported her concerns to the police two days before her death. Nick details in the podcast the controlling behaviour her ex-boyfriend displayed in the run up to her death.
The Hollie Gazzard Trust was subsequently set up by her family to deliver programmes on domestic abuse and promoting healthy relationships in schools and colleges. A further aim is to raise awareness of stalking. In addition, the charity also funds hairdressing training for individuals.
The charity also aims to tackle knife crime and anti-social behaviour, having funded several initiatives delivering workshops in schools and youth organisations.
The charity has also developed a fantastic app called 'Hollie Guard'.
The app allows the user to set up emergency contacts and is activated by the user, for example when walking home at night, so emergency contacts can see the users location. The app allows the user to set up numerous contacts who get a text alert if the user is in trouble, which is sent when the user shakes their phone. When activated, the phone will also begin to film and record audio. The footage is then saved in the cloud, therefore, even if the phone is stolen, the data will be kept.
The app also has a 24/7 monitoring service which provides direct access to a dedicated emergency response team who are fully equipped to assess your situation and are trained in appropriate escalation procedures.
During the podcast, Nick discusses some of the success stories that have already come from the use of the app.
More information on the app and Holly Gazzard Trust can be found here.
There are also a number of fantastic guides on the website for friends and family including workshops for the workplace.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
This week we talk to podcast guest Janitta Nichols, author and public speaker, highlighting the trauma and lasting impact of abuse on family generations.
We discuss Janitta’s childhood and how her behaviour was shaped following the sexual and physical abuse she suffered from the age of 6, for many years. By the age of 16, Janitta had suffered over 300 sexual encounters by several men in her family, primarily her stepfather.
Janitta discusses how the abuse made her question her identity and how she turned to drugs, gangs, and violence during her teenage years. She also discusses the impact on her own relationships with partners.
Janitta subsequently started her career as a police officer and continued to witness abuse in the families she was seeing. Janitta was frustrated that in such short periods of time, she was unable to help individuals further or make further change. She was often left wondering what happened to the individuals she encountered through her job and whether they want on to seek or find help.
In the podcast, Janitta discusses her ongoing struggle in adulthood to process what had happened to her which cumulated in her wanting to commit suicide and the impact this was also having on her relationship and children.
Janitta discusses how she had struggled with therapy previously. She tells us how she made changes in her life and began to write her story, resurfacing memories she had pushed to the back of her mind for decades which became therapeutic. Janitta talks about the process she went through and the changes she saw in herself from this. This assisted her to find the strength to speak out and her ongoing journey towards healing.
In our discussion, Janitta confirms how she discovered both her mother and grandmother were also abused and how this impacted her.
Janitta has now released novel "Secrets of My Mother”, which is the story of a brave teenager who risks it all to her save her family from their abusive stepfather. The novel focuses on manipulation and control in the family environment.
You can find out more about Janitta here.
If you are concerned about abuse you may be suffering or wish to discuss this and are under 18 your can contact Childline on 0800 1111. The Survivors Trust also provides support for sexual abuse victims.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
Over the years we have heard many accounts of children being abused in the Education sector. By now, it would be hoped that lessons had been learnt and sufficient safeguarding procedures would have been put in place to prevent history repeating itself.
It must be pointed out that abuse in a school environment could include any staff member, teacher or even a pupil. Abuse takes place in all types of schools including public, state, faith and special schools. Abuse can include physical, emotional or sexual and can be committed by both male and female perpetrators.
Public boarding schools take the focus of this blog. Here, many children are away from home from potentially a very young age, placed in the trusted hands of the school for long periods of time, monitored by adults who are deemed safe and responsible to look after them.
In November 2020, former teacher Matthew Mowbray from Eton College hit the headlines when he was charged with sexually assaulting three boys. Eton is a prestigious public school with formal pupils such as Prince William and Prince Harry, Hugh Laurie and David Cameron, to name just a few.
Mowbray was dismissed from Eton after his arrest in May 2019. He appeared at Slough Magistrates' Court in November 2020 charged with offences including sexual assault, voyeurism and taking indecent photographs.
The abuse period is understood to stem over 10 years. Mowbray would visit the students late at night when they were in bed. The abuse only came to light when another pupil told a housemaster what he had seen. Mowbray pleaded guilty to eight offences of the eighteen brought against him. In December 2020, Mowbray was found guilty of eight charges and was sentenced to five years imprisonment.
At the time of writing this blog, Clifton College in Bristol also issued a public apology after a former teacher was jailed for taking indecent images of pupils in 2015.
Sadly, yet again this is another school to add to the list where sexual abuse has been disclosed. In 2018, ITV broadcast documentary ‘Boarding Schools: The Secret Shame’ which revealed the true extent of abuse in UK’s boarding schools.
Journalist and presenter, Alex Renton, was sexually abused as a young boy by his teacher, Mr Keane, at one of the country’s top boarding schools, Ashdown House in East Sussex. The broadcast investigated some of the private schools where paedophiles groomed and assaulted young boarders repeatedly, sometimes over decades.
Schools which featured in the broadcast included;
- Sherborne Preparatory School where headteacher Robin Lindsay abused pupils over three decades between 1970s -1990s
- Loughton School Herefordshire where headmaster David Panter abused pupils
- St Aubyns East Sussex where teacher George Pilgram abused pupils
In preparation for the documentary, ITV’s Exposure made Freedom of Information requests to every police force in the UK and 24 responded. The results from 2018 showed:
- Since 2012, 425 people have been accused of carrying out sexual attacks at UK boarding schools
- At the time there were at least 31 ongoing investigations.
The Independent Inquiry into Child Sexual Abuse (IICSA) are finalising a report into the exploitation of children in residential schools. A public hearing on the second phase of the investigation took place in November 2020. The investigation is to explore how children and other agencies respond to allegations of sexual abuse by school staff and address broader questions of school culture governance, leadership, training and recruitment.
IICSA has an Inquiry Information Line you can contact on 0800 917 1000.
In December 2020, drama ‘A Teacher’ was released on BBC iPlayer. The drama played out the sexual relationship of a female teacher and male pupil. The 10-part series explored the significant impact on the pupil in later life and how it impacted his studies, relationships, and friendships. Importantly it focused on how the pupil did not realise he had been abused until years later. It is important to see such documentaries in the media to highlight that females in a position of power can abuse too.
All schools are expected to have sufficient safeguarding procedures to prevent abuse. If a school employee has committed abuse, it is possible to make a civil claim against the individual’s employer under vicarious liability if it can be established the abuse occurred during the course of employment or in a relationship akin to employment.
Schools and local authorities are insured against claims for childhood sexual abuse and therefore are more likely to be a viable Defendant in comparison to the individual abuser who may face multiple claims and have limited assets.
The Defendant will depend on whether the school is a state or private school. The Local Authority is responsible for state schools and in a private school setting, responsibility lies with the owner or the governors of the school.
The following organisations are available to contact for support:
- Victim Support Line: Offering emotional and practical support for anyone who has been a victim of crime. Telephone: 0808 1689 111 victimsupport.org.uk
- Rape Crisis: Services for women and girls who have been raped or have experienced sexual violence - 0808 802 9999 https://rapecrisis.org.uk/
- Survivors UK: Offers support for men and boys - 0203 598 3898 https://www.survivorsuk.org/
- NSPCC: help@nspcc.org.uk 0808 800 5000
- Child Line: www.childline.org.uk/0800 1111
- NAPAC: Offers support to adult survivors of all types of childhood abuse. www.napac.org.uk
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins or Danielle Vincent.
In this episode of HJ Talks About Abuse, Alan Collins and Feleena Grosvenor discuss the proposed new criminal offence of “non-fatal strangulation”.
The offence was campaigned to be added to the Domestic Abuse Bill, as campaigned heavily by Baroness Newlove, but it appears instead it will be made a new offence under a police and sentencing bill in February 2021. Justice Secretary, Robert Buckland has been vocal regarding the Government support for this proposal.
Studies indicate that around 3% to 10% of the adult population have been subjected to strangulation, but the figure rises to 50-68% for victims of recurring abuse. Two studies of intimate partner violence and sexual assaults found that strangulation was involved in 20% and 23% of cases.
It is frequently used by domestic abuse perpetrators to control their partner with people who are subjected to it being seven times likelier to be killed by their partner. It is also the second most common cause of death for women as a result of domestic violence, after stabbing.
The Crown Prosecution Service currently charge perpetrators of strangulation under common assault. It may also be considered as an offence under the 2015 Serious Crime Act as coercive or controlling behaviour. The Government’s has, therefore, had the view that the proposed new offence is unnecessary.
However, significant campaigning has led to a change in the government stance. The Victim’s Commissioner and the Domestic Abuse Commissioner, for example, have voiced their support for the proposal.
It is argued that using the existing legislation of common assault minimises the seriousness of the crime and allows for perpetrators to receive a light sentence if charged at all. Common assault is a summary only offence that can be charged by police, whereas when domestic abuse is involved the matter should be referred to the Crown Prosecution Service. The new offence is proposed to have a sentencing range of up to seven years in prison.
Furthermore, having an appropriately named offence will also raise awareness of the risk and suffering that strangulation involves.
References:
- Commissioners endorse non-fatal strangulation amendment to the Domestic Abuse Bill – Victims Commissioner
- Strangling: Calls for a new non-fatal strangulation offence - BBC News
In this episode of The HJ Talks About Abuse Podcast, Alan Collins and Feleena Grosvenor discuss Pakistan’s new anti-rape measure.
At the end of 2020, a terrible crime was committed in Pakistan. A woman was gang-raped in front of her children after her car broke down on a motorway in Lahore. The woman had called the police when she ran out of fuel, but the incident occurred before she received any assistance. This occurred just days after a kidnapping, rape and murder of a five-year-old girl in Karachi.
These crimes prompted outrage and protests in Pakistan, but this was fuelled further by the police appearing to victim blame by criticising the woman for travelling alone, late at night, without enough fuel and not on a safer highway.
Legislation was proposed by the Prime Minister, Imran Khan and his cabinet, and in December 2020 the President signed it into law. Within the next couple of months, the Government will get the measure approved by Parliament and have it permanently passed into law.
The legislation provides far tougher anti-rape rules than previously seen in Pakistan. It includes the establishment of special courts that must conclude trials of alleged rapists and issue verdicts within four months. It also prohibits the disclosure of the identity of rape victims and will create a national sex offenders’ register. Rape crisis cells will also be established to ensure victims undergo a specialist medical examination within six hours of reporting the incident. Officers who are found to be negligent in investigating rape cases could face a three-year prison sentence.
One key criticism of the legislation, however, is that it allows for the chemical castration of serial rapists. Amnesty International have stated that “forced chemical castrations would violate Pakistan’s international and constitutional obligations to prohibit torture and other cruel, inhuman or degrading treatment. Punishments like this will do nothing to fix a flawed criminal justice system.”
The legislation importantly reflects the protests and outcries of the citizens in Pakistan and is an important step forward to improving the amount of sexual violence that occurs in Pakistan.
More information can be found in the articles below:
- Pakistan anti-rape ordinance signed into law by president - BBC News
- Pakistan approves tough anti-rape law amid outcry over victim blaming | Pakistan | The Guardian
- Backlash in Pakistan as police appear to blame woman for gang rape | Rape and sexual assault | The Guardian
We encourage anyone who has concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins or Feleena Grosvenor.
In this episode of the HJ Talks About Abuse podcast, Alan Collins and Feleena Grosvenor explore the recent coverage regarding the statistics relating to sexual abuse and harassment taking place in Universities in England and Wales every year.
It is estimated that there are 50,000 incidents of sexual abuse or harassment in universities every year. The figure, however, could be much higher as there has not been appropriate research and surveys into this subject in the UK.
A recent book has been published called “Unsafe Spaces: Ending Sexual Abuse in Universities”. It addresses the extent of abuse and is critical of universities for failing their students and staff. The book states that the majority of universities seek to conceal the extent of the sexual misconduct instead of focusing on care and prevention.
It appears that university policies are not well created or well implemented. Often there is no specialist person to develop these policies or to advise how to best support victims. Many universities actually use volunteers in this area.
Some changes are starting to be made. For example, St Andrews University have in the last month launched a new website to report abuse and discrimination. Universities UK (UUK) which speaks for 140 universities in England, Scotland, Wales and Northern Ireland, said it would be publishing guidance and recommendations on managing staff on student misconduct later this year.
We will eagerly wait to see what proposals are made, and trust that openness and the safety and welfare of everyone on campus will be the top priority for university management.
We encourage anyone who has concerns relating to this subject, or about abuse in general, to get in touch with Alan Collins or Feleena Grosvenor.
Sexual abuse at English and Welsh universities 'a public scandal' – study | Universities | The Guardian
In this episode of HJ Talks About Abuse podcast, Alan Collins and Feleena Grosvenor explore the misconceptions surrounding male sexual abuse.
An article was recently posted by the BBC regarding Willie Armstrong from the 'Red Hot Chilli Pipers', where he described treatment of men wearing kilts and it addressed some of the misconceptions.
The article refers to incidents of “upskirting” which was made an offence in the UK last year after campaigning by Gina Martin. The article focused on women committing this crime and the perception that men are not sexually abused by women – that the acts are somehow not criminal because it is a female against a male rather than a male against a male or male against a female.
This is something that has been seen over the years in films and television, such when a female teacher sexually assaults a male student. This, for example, is the premise to 2012 film “That’s My Boy” staring Adam Sandler.
Survivors UK is a male rape and sexual abuse charity and it often attempts to dispel the common myths surrounding male sexual assault. The reality is that these myths can make it more difficult for a survivor. It increases their isolation and maintains the stigma which could belittle the trauma of their experience.
A particularly harmful myth is that “erection or ejaculation during a sexual abuse means you wanted it or consented to it”.
This is something which we have seen on many occasions in our work. The response does not indicate anything about your sexual orientation or imply the survivor wanted or enjoyed the assault. Some perpetrators use erection and ejaculation to increase their feeling or control over the survivor and to discourage them from disclosing the abuse. They use the myth to their benefit.
For more information on this subject we direct you to the Survivors UK website.
We encourage anyone who has concerns about sexual abuse to get in touch with Alan Collins or Feleena Grosvenor.
In recent weeks we discussed the Church of England failings to protect individuals against abuse as established by the Independent Inquiry into Child Sexual Abuse (IICSA). We further discussed failures of the Church of England in respect of the abuse perpetrated by Bishop Hurbert Victor Whitsey.
Today we turn to the Roman Catholic Church. The Independent Inquiry into Child Sexual Abuse (IICSA) has published their findings report after 7 weeks of public hearings. The full report can be found here.
The report confirms between the period of 1970 and 2015, the Catholic Church received more than 900 complaints involving over 3,000 instances of child sexual abuse in England and Wales. Since 2016, there have been more than 100 reported allegations each year. However, as with all abuse figures, the true scale of abuse is likely to have been significantly higher.
The report noted the changes brought about by Nolan and Cumberlege inquiries resulted in improvements over the years including more formal handling of reports of child sexual abuse, better training and greater cooperation with the statutory authorities. However, the report found this was in contrast, with slower progress in other areas.
The report found leading Catholic Cardinal, Vincent Nichols, prioritised the reputation of the church' above his duty to sex assault victims. At the time of writing, Cardinal Nichols has refused to resign despite the report findings that he demonstrated 'no acknowledgement of any personal responsibility to lead or influence change'. This follows IICSA’s 2018 report in which he apologised for failing starting “We humbly ask forgiveness … for our slowness and defensiveness and for our neglect of both preventative and restorative actions”.
The report has found that the Catholic Church repeatedly failed to support victims and survivors, while taking positive action to protect alleged perpetrators, including moving them to different parishes.
The report highlighted the case of Father James Robinson, who was moved to another parish within the Archdiocese of Birmingham after complaints were first made against him. Robinson abused children between 1959 and 1983 before fleeing to the US. He was later jailed in 2010 for 21 years. At the time of his imprisonment, the church still refused to defrock him.
The inquiry criticised that the Holy See and the Apostolic Nuncio because its ambassador to the UK, did not provide witness statements to the Inquiry despite repeated requests. The lack of cooperation stands in direct contrast with Pope Francis’ statement in 2019, calling for “concrete and effective actions that involve everyone in the Church”.
The report makes 7 recommendations:
- Leadership - The Catholic Bishops’ Conference of England and Wales and the Conference of Religious in England and Wales should each nominate a lead member of the clergy for safeguarding to provide leadership and oversight on safeguarding matters to their respective Conferences and the wider Roman Catholic Church in England and Wales.
- Training - Ensure that safeguarding training is mandatory for all staff and volunteers in roles where they work with children or victims and survivors of abuse.
- Compliance - Publish a clear framework for dealing with cases of non-compliance with safeguarding policies and procedures. That framework should identify who is responsible for dealing with issues of non-compliance at all levels of the Church, and include the measures or sanctions for non-compliance.
- External auditing - These independent reports should be published.
- Canon 1395 - The Catholic Bishops’ Conference of England and Wales should request that the Holy See redraft the canonical crimes relating to child sexual abuse as crimes against the child.
- Having a Catholic Safeguarding Advisory Service website and policies and procedures manual
- Having a National Complaints policy and escalation process assessed by an independent adjudicator
The final report is due to be put before Parliament in 2022.
We encourage anyone who has concerns about sexual abuse to get in touch with Alan Collins or Danielle Vincent.
In this episode of the HJ Talks About Abuse podcast, Alan Collins and Feleena Grosvenor explore the face mask exemption in relation to survivors of abuse.
Although a vaccine is in sight, it is likely that face masks and coverings will be required for some time to come and it is important to raise awareness on this subject.
Over several months’ rape survivor, Georgina Fallow, has been calling for the government to “educate” the public about face-covering exemptions and for guidance to be clearer in relation to why individuals may not be wearing a face covering.
Ms Fallow wrote a letter to the government, which was co-signed by MP Bambos Charalambous and by charities including Mind, Mencap, Sense and Disability Rights UK, which asked the government to promote the Hidden Disabilities charity's Face Covering Exemption Card, and to launch an awareness campaign to publicise the exemptions.
Ms Fallow explains that there are a number of people who simply cannot wear a mask due to the psychological harm it causes. She, for example, experiences traumatic flashbacks that are akin to hallucinations. She describes them as “so real as to effectively plunge me back into the worst of the experience”. The flashbacks can be so severe that police officers and paramedics have had to hold her down, sedate her and take her to hospital.
We encourage anyone who has concerns about sexual abuse to get in touch with Alan Collins or Feleena Grosvenor.
A 13-year-old girl’s death hit the headlines in November of last year after she was raped and murdered by her family’s 25-year-old house lodger, Stephen Nicholson.
Lucy McHugh was lured to local woodlands in Southampton in 2018. She was then raped and stabbed 27 times resulting in her death.
The police inquiry into Lucy's death became one of the largest murder inquiries in criminal history with over 200 officers involved, spending over 1500 hours trawling through CCTV footage in the search for her killer.
At trial, jurors heard Nicholson murdered Lucy after she threatened to reveal he had been sexually abusing her.
Nicholson is now serving a 33-year prison sentence following his conviction for murdering Lucy and three counts of raping her when she was just 12 years old. He was also found guilty of one count of sexual activity with another girl, who was 14 years old.
Following Lucy’s death, an independent report was commissioned by the Southampton Safeguarding Children Partnership. The report is heavily critical of both social services and the police for missing several chances to help Lucy.
Nicholson had past convictions for both battery and domestic violence. He then stole £1,000 while holding a blade to a female resident's throat and made off in a staff member's car, before being caught by police. While serving two years in a youth detention centre for that incident, he and two fellow inmates barricaded themselves in a canteen before he again armed himself with a knife and tried to stab a prison guard.
The report found social services did not do enough to act on concerns raised by Lucy's school that she was being sexually exploited by an older boyfriend. Lead reviewer Moira Murray said social workers considered the concerns had “no foundation” because they were given “assurances” by Lucy’s mother.
Ms Murray said a lack of information sharing between the council's Multi-Agency Safeguarding Hub (police, school and children's social care) was a "missed opportunity" and meant Lucy's case was not treated as one of child protection.
The service, which is intended to 'protect the most vulnerable children from harm, neglect and abuse', upon receipt of a referral should identify 'the needs, and the child or family will be referred or signposted to the relevant contact or information'. However, the report says this did not happen and schools concerns, which were raised by teachers, did not pass the first stages of the referral.
It was also revealed that the city council's Children's Social Care team was aware of Nicholson's convictions, but this information was neither acted upon, nor shared.
Sadly, if the safeguarding processes were followed, they may have unearthed details of Nicholson's relationship with Lucy and potentially prevented her death.
Hampshire Police's Supt Kelly Whiting, district commander for Southampton, said the force was 'identifying improvements following this tragic death'. He added: 'The training of officers reflects the need to understand the complex impact of adverse childhood experiences. As part of this, we are already developing a trauma informed approach to dealing with all incidents involving children. 'We will continue to work with our safeguarding partners to further improve the way we protect vulnerable children.'
The city council's executive director of children's wellbeing, Rob Henderson, said the authority 'remains deeply saddened by this tragic case'. He added: 'On behalf of the council I would like to apologise to the victim's family, friends, and all who knew her, for the council's shortcomings identified in the report. We accept the findings and its recommendations. We have already made changes in a number of the areas highlighted. ‘Independent reviews of the Multi-Agency Safeguarding Hub (MASH) and the Public Law Outline process have already taken place and their recommendations have been implemented'. 'We are determined to keep improving, with the new senior leadership team overseeing the delivery of a comprehensive Improvement Plan for our Children and Learning service'.
It is disappointing that once again due to failures in communications with multi agencies and following of processes, concerns were not followed up in this case which could have prevented Lucy’s death. It is clear the report has highlighted the need for change and it is hoped that this will be implemented not just in Southampton but further reaching to other local authorities and multi agency bodies to prevent this tragedy happening again.
If you are concerned about the welfare of a minor there are a number of organisations you can talk to in addition to the police, social services and agencies that you may contact:
- Victim Support Line - Offering emotional and practical support for anyone who has been a victim of crime. Telephone: 0808 1689 111
- NSPCC - 0808 800 5000
- Child Line
- Respond - Support for people with learning disabilities and/or autism who have experienced trauma and abuse. Telephone: 0207 3830 700 /admin@respond.org.uk
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
Over recent years we have seen the #metoo movement make waves in the media, triggering much discussion on the topic of sexual abuse and harassment. It is fair to say that, previously this behaviour would have gone undiscussed and sadly, largely ignored.
Numerous household names have disclosed abuse in the film industry when the Harvey Weinstein cases became public following a 2017 publication. Models, actresses, personal assistances, the list goes on, all came forward disclosing abuse which spanned decades. Some of those who were brave enough to disclose information about their abuse can be found here.
We saw the release of film “Bombshell” at the end of 2019 which told the true-life accounts of three women at Fox News who set out to expose CEO Roger Alies for sexual harassment. Once again this film raised awareness and kick started conversations regarding this inappropriate behaviour many have faced. The film “The Assistant” was also released in 2019 written by Kitty Green exploring sexual harassment faced by a female junior assistant.
Of course, sexual abuse and harassment in the workplace is not limited to the film industry and affects both men and women.
An American study found that 1 in every 4 women experience sexual harassment in the workplace. A similar poll found 1 in 10 men experience sexual harassment. The study found a fourth of men are concerned of becoming falsely accused of sexual harassment.
The study found the Top 5 Industries with Highest Sexual Harassment Incidents:
- Business, Trade, Banking, and Finance
- Sales and Marketing 3. Hospitality 4. Civil Service 5. Education, Lecturing, and Teaching
A UK investigation called “Still just a bit of banter?” conducted by the workers’ union, the Trades Union Congress (TUC), in association with feminist activist Laura Bates’ Everyday Sexism Project, found that 63% of young women between the ages of 18 and 24 had experienced sexual harassment compared to 52% of women of all ages.
There is not a strict definition of what constitutes sexual abuse or harassment in the workplace, it is based on how the victim feels about the behaviour.
Harassment can include physical, verbal and nonverbal harassment. This can include for example; inappropriate jokes or comments, lewd emails, pornographic images or images of a sexual nature in the workplace. Sexual abuse may include comments about clothing or appearance, physical touching or staring at a person’s body. This in not an exhaustive list.
The Equality Act 2010 explains that sexual harassment can often have the impact of affecting someone’s dignity, creating an intimidating, humiliating or hostile environment for them.
Regarding liability for such behaviour, anyone who sexually harasses someone in the workplace is responsible for their own actions. However, in addition, employers can be responsible too under the term 'vicarious liability' and could be liable for civil claims for failings if they have failed to implement procedures and safeguarding.
Employers must do everything they reasonably can to make sure their employees and workers are protected from sexual harassment. Employers must adopt a clear policy for sexual harassment which must also set out the steps to be taken if someone feels they are being harassed. Training should be implemented, and regular refreshers completed by employees to ensure everyone is acting appropriately in the workplace and employees are protected.
In September 2020, Tory MP Charlie Elphicke was found guilty of three sex attacks after groping the breasts of two younger women and handed a two-year prison sentence. He had been Dover MP from 2010-2019. The former MP was also ordered to pay £35,000 in costs. This case is mentioned here to highlight that this individual was a trusted person with a successful career and was at one point a partner of a law firm. Such abuse takes place in Britain today, an abuser can take any shape and this should not prevent a victim coming forward.
The Law Gazette reported how law firm Reed Smith has apologised for its handling of sexual harassment allegations against Elphicke, the former partner at the international firm. Reed Smith have confirmed they have opened a review last month into allegations made by a former colleague’s of Elphicke in 2005. The review came after the former staff member told the Guardian newspaper that she left Reed Smith’s London office because of Elphicke's behaviour.
Safeline provides guidance and support if you have been affected by this article.
It is important to highlight that anyone of any gender, in any role, and in any industry can be subject to sexual abuse and harassment.
We encourage anyone who has concerns about sexual abuse to get in touch. Please get in contact with Alan Collins or Danielle Vincent.
Recently on our podcasts we discussed abuse in sport and more specifically in Wrestling. This week we turn to Ballet.
Ballet students, as with many sports, start at a young age. Those focussing on such a career may attend specialist schools and spend hours alone with coaches forming strong bonds in the hope of progressing their career.
We previously discussed the risks of coach - student relationships and the NSPCC campaign ‘Close the Loophole’ (#CloseTheLoophole) which aims to change the law regarding positions of trust to be extended to include any adult (in this scenario coaches) who holds a position of power over sixteen or seventeen year-olds.
In the summer of 2020 a ballet school in Scotland became the centre of a probe into claims of ‘inappropriate sexual behaviour’ by staff member, Jonathan Barton, towards students.
Victims stated how the teacher targeted the quiet vulnerable girls. One victim confirmed how Barton would message her, which slowly increased to asking her to attend his room at night. Barton and the student entered a sexual relationship when she was just sixteen.
ITV News investigated and heard from more than sixty women alleging abuse going back as far as 2004 and as recently as 2018. This resulted in the resignation of Barton.
Such reports again highlights safeguarding issues for children in the sports world and further areas where children spend significant time unsupervised with adults.
These allegations in the Ballet world quickly follow the 2019 news headlines that former Royal Ballet star, Stephen Beagley, sexually abused girls he taught in private lessons. This resulted in him being jailed for ten years. Beagley was convicted of abusing three girls aged nine, ten and twelve during private ballet lessons between 1997 and 2010. He pleaded guilty to five counts of sexual assault, two charges of indecent assault and one of causing a child to engage in sexual activity. Beagley was sentenced at Lewes Crown Court.
Beagley was a well known talented dancer and had held lead roles in Swan Lake, The Nutcracker, Romeo and Juliet, Cats and performed with Freddie Mercury.
For many years Beagley was a guest teacher and the head of the adult ballet programme for the English National Ballet. He had taught around the world including Italy, America, Australia and Hong Kong.
With such experience and skill he would have been held in high regard to his students and placed in a position of trust. As with many abusers, he would have used his position to manipulate his victims. A victim states "Beagley targeted the young girls he came into contact with and abused them while they were at their most vulnerable over many years."
Again abuse in sport or these types of institutions require exposure and sufficient safeguarding measures to stop predators.
At the time of writing, further media articles have disclosed abuse by coaches in cycling and tennis, once again highlighting the lack of safety in sporting industries.
If you are in distress or need some support, the following charities can also help:
- Rape Crisis: services for women and girls who have been raped or have experienced sexual violence - 0808 802 9999
- Survivors UK: offers support for men and boys - 0203 598 3898
- NSPCC: help@nspcc.org.uk. 0808 800 5000
- Childline: 0800 1111
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
In this week's episode of the HJ Talks About Abuse podcast, our Partner, Alan Collins, talks to Nicole, a sexual abuse survivor about her experience of going to court when her abuser was prosecuted.
Nicole’s case is interesting not just because of her story and the experiences she shares with us, but for two particular reasons:
- There was a “Goodyear” hearing; and
- The judge made a Criminal Compensation Order
What is a “Goodyear” hearing?
This is the procedure by which a defendant can obtain an indication as to the sentence to be imposed upon a plea of guilty “and is governed by the decision in R v Goodyear[2005] EWCA Crim 888). At the defendant’s request, the court can indicate the maximum sentence it would impose were the defendant to plead guilty at that stage of the proceedings. Proceedings should be held in open court.
In Nicole’s case, the defendant’s lawyer asked the judge what would the sentence be? Having been advised a suspended prison sentence, the defendant pleaded guilty and was duly sentenced.
In the podcast Nicole explains how she felt at the time, and offers her reflections.
Criminal Compensation orders
The criminal courts on sentencing offenders are required to consider making a compensation order which is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which requires the offender to pay compensation for any personal injury, loss or damage resulting from the offence.
Unfortunately, many, if not most victims of sexual abuse are not awarded compensation.
Nicole is something of a rarity because as she explains, she was awarded compensation.
We have raised with both IICSA and the UK Parliament the fact that so few orders are made, when clearly in many cases they should be.
The APPG Adult Survivors of Child Sexual Abuse in its report said:
“Survivors’ experiences of court and applying for compensation” wrote:
The inquiry also heard how judges are not using their powers to issue Criminal Compensation Orders at the conclusion of a trial, with only 26 issued in 2017. Of those awarded, some were as low as £20 for the ‘rape of a male child under 13’.
We will be asking Westminster to tell us what progress has been made to remedy this glaring defect in the justice system.
At the end of September, ITV broadcast drama ‘Honour’ based on the true story of the murder of a young woman Banaz Mahmod in Britain in January 2006.
Banaz had left her arranged marriage and met a young Iranian man of her own choice. Banaz went to the police on 5 separate occasions disclosing rape by her husband and threats to her life by the local community after she left him. Banaz had herself predicted in December 2004 that her family were plotting to kill her when she had visited a police station. No further action was taken by the police at this time.
In January 2006, three men (Banaz’s cousins) tortured, raped and then strangled to death then 20-year-old Banaz in the sitting room of her parents’ home in southwest London. Her body was later found discarded in a suitcase after her boyfriend alerted authorities she was missing. The disposal of her body arranged by her father and her uncle.
Although shocking to hear that honour killings and honour abuse continues in Britain today, sadly this is not as a rare as we would believe. Hannana Siddiqui, of Southall Black Sisters, which works with victims of violence against women in south Asian and African communities, says: “Our helpline gets about 7,500 calls a year. That’s a mixture of domestic violence and honour-based violence. And this year, during lockdown, there was a huge increase in helpline calls. There’s also research that suggests 12 honour killings take place a year. But it’s hard to say the figures because it is a hidden crime.”
The true figure could be much higher when considering that some killings may be commissioned or planned in the UK, but the act is committed abroad. Worldwide it is estimated that there are 5000 honour killings a year.
Banaz’s case and those like it also lead to conflicting instincts as a desire to be anti-racist leads to fears of racially profiling and stereotyping Muslim men. Afzal faced this dilemma directly, having, in another part of his career as a crown prosecutor, overturned the original decision not to prosecute a group of largely Pakistani-heritage men who were grooming and sexually abusing young women in Rochdale. He said “The law has to operate without fear or favour across the board. When you have something which is not a new crime, but one being prosecuted for the first time, you can’t afford to think about which communities might be disproportionately implicated. Eighty-four per cent of sex offenders in this country are British white men. Are we saying all white men are like that? Of course not. You have to take the same attitude to forced marriage and honour-based violence in the south Asian, African and Middle Eastern communities.”
- Honour based abuse is a broad umbrella term used to describe a combination of practices used principally to control and punish the behaviour of a member of a family or social group, in order to protect perceived cultural and religious beliefs in the name of ‘honour’. Although predominantly associated with women and girls, male members of a family can also be victims of breaking the ‘honour code’, bringing disgrace to their family or social group. Perpetrators will feel that they need to restore their loss of face and standing within their community.
- There is no statutory definition of honour based abuse. However, the National Police Chief Council (NPCC) have provided guidance and a definition to Police Forces:
- ‘an incident or crime involving violence, threats of violence, intimidation, coercion or abuse (including psychological, physical, sexual, financial or emotional abuse), which has or may have been committed to protect or defend the honour of an individual, family and or community for alleged or perceived breaches of the family and / or community’s code of behaviour’.
In the UK honour-based abuse is a hidden crime with victims often unable or unwilling to come forward, crimes can be broad, ranging from threats and intimidation through to kidnap and murder. Honour abuse is often premeditated, a conspiracy with the shared belief that the victim must be killed or punished. They can involve various members of the family. In some cultures, ‘forced suicide’ is used as a substitute for a honour killing. When an honour crime has been committed, the community will often close ranks to protect the perpetrators. This may include, hiding those responsible, arranging for them to leave the UK, or providing false alibi’s.
Triggers for honour based abuse can include rejecting a forced marriage, interfaith and inter-race relationships, renouncing a faith, loss of virginity, coming out as being lesbian, gay, bisexual or transgender (LGBT), adultery, being to ‘westernised’ by inappropriate make-up or dress, kissing or being intimate in a public place etc.
As was portrayed in the drama, there may be an element of ‘surveillance’ and control by the family or community members. In the case of adults this might present where the victim is routinely accompanied to and from a place of work. In children or young people, they may be driven to and from school, not able to walk or travel on public transport with friends, they might field a high number of phone calls from family members or their spouse. They may look uncomfortable taking the calls, quiet and withdrawn afterwards, a victim may be accompanied to the doctors by a family member or spouse, there may be noticeable levels of absenteeism, lateness at school, college or employment.
Other indications of honour based abuse can be found here.
Honour based abuse is also closely linked with forced marriage. The Marriage Act 1949 and the Matrimonial Causes Act 1973 govern the law on marriage in England and Wales. The minimum age at which a person can consent to marriage is 16. A person between the ages of 16 and 18 may not marry without parental consent (unless the young person is already a widow/widower). A marriage will be void if either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise.
Forced marriage became a criminal offence in the UK, in 2014.The Anti-Social Behaviour, Crime and Policing Act 2014 makes it illegal for:
- a person to use violence, threats or any other form of coercion for the purpose of causing another person to enter a marriage without their free and full consent. Coercion includes emotional force, physical force or the threat of physical force and financial pressure
- take a person overseas to force them to marry (whether the forced marriage takes place or not)
- practice any form of deception with the intention of causing another person to leave the UK for the purpose of causing another person to enter into a marriage without their free and full consent
- marry a person who lacks the mental capacity to consent to the marriage (whether they’re pressured to or not)
- breach a Forced Marriage Protection Order
- Lack of mental capacity – The Mental Capacity Act 2005 applies to all people aged 16 and over. In summary where a person lacks capacity to consent to marriage, that marriage must be viewed as a forced marriage whatever the reason for the marriage taking place. It prevents a parent form being able to give consent on behalf of a person who lack the capacity to give their own consent.
In 2017 the UN’s International Labour Organisation (ILO) together with the Walk Free Foundation produced the report ‘2017 Global Estimates of Modern Slavery’ which looked at the worldwide modern slavery problem. For the first time they included in their data, the figures relating to forced marriage. They estimated that in 2016 a staggering 15.4 million people were trapped within a forced marriage.
Karma Nirvana is a UK charity that supports victims of honour-based abuse and forced marriage. Founder and Director, Jasvinder Sanghera CBE, highlighted that victims of forced marriage needed to feel confident in coming forward. You can find further information here https://karmanirvana.org.uk/ | 08005999247 | infor@karanirvana.org.uk
Other Support Lines:
Southall Black Sisters: southallblacksisters.org.uk/
- southallblacksisters.org.uk/campaigns/forced-marriage-campaign/
IKWRO: a website dedicated to safeguarding Middle Eastern and Afghan women and girls at risk of female genital mutilation, honour abuse and Domestic Abuse ikwro.org.uk
AFRUCA: (Africans Unite Against Child Abuse) – A charity devoted to promoting the rights and welfare of African children. Tel: 020 7704 2261 | www.afruca.org
True Honour: Supporting all victims of honour based violence forced marriage and female genital mutilation www.truehonour.org.uk | 07480621711 | contact@truehonour.org.uk
The Halo Project Charity: support for victims of honour-based violence, forced marriages and female genital mutilation 01642 683045 or 08081 788 424 | https://www.haloproject.org.uk/
NSPCC Female Genital Mutilation helpline: 0800 028 3550 | www.nspcc.org.uk/inform/resourcesforprofessionals/minorityethnic/female-genital-mutilation_wda96841.html
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
Sammy Woodhouse has campaigned tirelessly over the years for awareness following her brave disclosure of the abuse she suffered as a teenager.
The bestselling author of ‘Just a Child’ contacted The Times newspaper in 2013 and handed over evidence that proved she was abused and failed by authorities.
Her story was published and this triggered the Alexis Jay report, which exposed 1,400 children being abused and failed in Rotherham.
A police investigation, Operation Clover & Operation Stovewood was also launched into all non-recent child abuse cases in South Yorkshire, becoming the biggest investigation in the UK.
The investigations which followed exposed Rotherham grooming gangs who committed serious child sexual exploitation crimes over an extensive period which spanned from approximately 1987 until 2003.
In February 2016, Sammy’s abuser Arshid Hussain was found guilty and sentenced to 35 years in prison alongside 5 others, for a total of 102 years. There were four trials in total under Operation Clover & Thunder, 21 survivors, 20 criminals and a total sentencing of 290 years 6 months.
When Sammy was 15, the police raided the property of now-convicted serial rapist Hussain. Sammy was half-naked and hiding under his bed. Hussain was not detained, but Sammy was arrested and charged. Sammy had been coerced into committing assault and possessing an offensive weapon, by the notorious gang leader.
Just like Sammy and others like her, those convictions are still required to be disclosed to any prospective employer. For anyone in this position it means, that to explain such convictions and criminal records they will need to disclose their abuse.
The aim of implementing Sammy’s Law would be to ensure children are not charged for committing crimes whilst being groomed or coerced. Further, the Government must consider putting something in place for children that have already gained a criminal record due to being abused, as this is preventing them from moving forward.
John Boutcher, the Former Police Chief Constable supported Sammy’s campaign to stop victims of abuse being criminalised. He said “It cannot be right that victims are fearful of coming forward to the police or other organisations because to do so they are potentially placing themselves in jeopardy of prosecution. We must provide reassurances to those victims that are placed into a world of crime by their torturers and provide victims with an exit from their abuse. This pathway out of abuse should avoid victims being criminalised where they support a prosecution against their abusers, by so doing it is far more likely that we will put their tormentors where they belong, behind bars. Abusers will deliberately manipulate their victims into crime so that they can then further control them through both a fear of the criminal justice system as well as the more traditional methods of violence and intimidation to subdue resistance to their will".
MP Louise Haige also supports the implementation of Sammy’s Law. She said Judges in the High Court have already ruled that forcing victims of CSE to disclose past convictions linked to CSE is unjust. They argued that, any link between the past offending and the assessment of present risk in a particular employment, is either non-existent or at best extremely tenuous. I’m calling on the Government to bring forward what is known as Sammy’s law, which would give CSE victims the right to have their criminal records automatically reviewed, and crimes associated with their grooming removed. At present, anyone has the right to apply to the chief constable of their force area to have their records reviewed, but it is little known. Sammy and victims like her, have been repeatedly failed by the state. They were failed by our legal system, by the police, by the Crown Prosecution Service, by local authorities and by Government at every level. The Government must now ensure that the state no longer fails CSE survivors. Sammy’s law would help to achieve that.
You can find out more about the campaign Sammy’s Law here. The website also provides guidance for any parent who has concerns their child may be being groomed.
If you are concerned about abuse you may be suffering or wish to discuss this and are under 18 your can contact Childline on 0800 1111.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
Over the years, again and again allegations of physical, emotional and sexual abuse have surfaced from individuals who have spent time in institutional care. This can include many forms of institution including but not restricted to; schools, care homes, hospitals, religious organisations and detention centres.
In 2017, an investigation was commenced into the allegations of beatings, mistreatment and sexual abuse, including rape suffered at the Hill End Hospital Adolescent Unit in St Albans between 1969 and 1995 by former staff members. Over 100 victims provided evidence to the investigation and over 70 members of staff were investigated.
Hill End was supposed to treat teenagers with psychiatric illnesses but became known as a “dumping ground” for children for whom the NHS and local authorities had run out of other ideas for.
Survivors told how they were sexually abused and filmed during strip searches, while children were also beaten. Survivors accounts disclosed being kept in police type cells and sedated for days at a time without reason or justification. As well as the sedation and physical abuse that accompanied it, survivors have reported being raped and sexually abused by hospital staff while being sedated or during strip searches under the pretence of checking for items they could harm themselves with.
Survivors said that few children had been diagnosed with mental health issues, and cast doubt on the effectiveness of treatment. Survivors found medication did not appear on any records given to their GPs and the hospital’s own documents were destroyed in an arson attack at an undisclosed off-site facility.
In November 2020 following a three year investigation known as Operation Meadow, Hertfordshire Constabulary confirmed there was “insufficient evidence to support any arrest or prosecution”. Hertfordshire Constabulary said its investigation established that sedation at Hill End “did not meet the standards of the day and medical records show that in some cases children were given adult doses and were repeatedly sedated”.
A statement added: “As well as the use of sedation, officers have also investigated allegations of sexual assault at Hill End. These have all been fully investigated; however, again there is insufficient evidence to support any arrest or prosecution”.
The report can be found here.
One survivor accused police of failing to follow up a report he attempted to make 12 years ago. Survivors have vowed however to continue their fight for justice and proceed with civil claims which have a lower burden of proof than a criminal trial.
The ongoing Independent Inquiry into Child Sexual Abuse is continuing to take evidence on “the extent to which institutions have failed to protect children from sexual abuse” in councils, the police, armed forces, schools, hospitals, children’s homes, charities, religious groups and other public services.
The Truth Project offers victims and survivors of child sexual abuse the chance to share their experiences and be heard with respect. You can find information about this here.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
This summer the BBC released the drama ‘I May Destroy You’ exploring sexual assault and consent issues. It plays out issues rarely discussed in mainstream media.
Early into the drama, the main character, Arabella is drugged and sexually assaulted. The series follows her journey of flashbacks, piecing together her memories of what has happened to her. The series also focuses on her coping mechanisms and shows her struggle to accept she was a victim.
Throughout the drama stereotypical comments are used such as “you should watch your drink, you wouldn’t be raped”. It is both frustrating and upsetting for victims, but the drama shows the impact this thoughtless comment has on the character and hopefully will raise awareness that a victim is not to blame. However, as a warning for any future watchers of the drama, it may be triggering for anyone who has suffered similar incidents.
Further into the series, a male character has consensual protected sex with a man after meeting on Grindr, a dating app. He is then raped by the same person without a condom when he tries to leave. The scenes highlights the particular risk that dating apps pose. The character reports the crime to the police but sadly he is not taken seriously, he is questioned how someone can be raped if they have consented previously to the same sexual act. It is estimated that 70,000 men are raped every year in the UK so these scenes help to raise awareness of the risks to both men and women.
The series also raises awareness of Stealthing, the term that describes when a man deliberately removes a condom during sex despite agreeing to wear one without consent of the other party. A study published by Alexandra Brodsky at the Yale School of Law brought Stealthing into the press in 2017
The series watches Arabella consent to sexual intercourse with a condom but this is removed without her knowledge during the act. She is then told by the partner “I thought you knew, I thought you would feel it” which is deemed typical gaslighting behaviour in such situation. Arabella struggles with feelings of confusion and violation after she discovers this has happened. It is only further on into the series she finds out this is a popular occurrence and invalidates the consent for the sexual act she gave.
Websites have been set up to advise men on how to remove a condom without knowledge or consent, almost like a challenge.
Not only is there the concern of consent but also sexual transmitted disease and unwanted pregnancies.
Victims' charities say stealthing must be treated as rape and that it's a hugely under-reported problem.
Law
Under Scottish Law there is no specific reference to “stealthing” or condom removal as a criminal offence, but it is legally recognised as a serious sexual offence in England and Wales under the term “conditional consent”.
The Sexual Offences Act 2003 (SOA 2003) outlines the sexual offences which are illegal under the laws of England and Wales. These include: rape (s 1); assault by penetration (s 2); sexual assault (s 3); causing a person to engage in sexual activity without consent (s 4).
Section 74 defines consent as 'if he agrees by choice, and has the freedom and capacity to make that choice'. This is two staged:
- capacity to make a choice about whether or not to take part in the sexual activity at the time in question.
- whether he or she was in a position to make that choice freely, and was not constrained in any way.
Section 74 and conditional consent has been considered by the High Court and the Court of Appeal in a series of cases where ostensible consent in relation to sexual offences was considered not to be true consent, either because a condition upon which consent was given was not complied with or because of a material deception (other than one which falls within section 76 of the Sexual Offences Act 2003 [SOA]).
In Julian Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin), an extradition case, the President of the Queens Bench Division considered the situation in which Mr Assange knew that AA would only consent to sexual intercourse if he used a condom. Rejecting the view that the conclusive presumption in section 76 of the SOA would apply in these circumstances the President concluded that the "issue of materiality ...can be determined under section 74 rather than section 76".
On the specific facts the President said:
"It would plainly be open to a jury to hold that if AA had made clear that she would only consent to sexual intercourse if Mr Assange used a condom, then there would be no consent if, without her consent, he did not use a condom, or removed or tore the condom ..... His conduct in having sexual intercourse without a condom in circumstances where she had made clear she would only have sexual intercourse if he used a condom would therefore amount to an offence under the Sexual Offences Act 2003...."
Currently, when someone consents to have intercourse with a condom and the condom is removed without their permission this consent disappears.
A report by the End Violence Against Women (EVAW) published in December 2018, found that 40 per cent of people incorrectly believe that removing a condom without a partner’s consent is never or not usually sexual assault. https://www.endviolenceagainstwomen.org.uk/
Katie Russell, spokesperson for Rape Crisis, explains: “You may consent to sex with a condom but not without one. You have provided your consent on a condition, and if someone breaks that condition they are breaking the law.” https://www.vogue.co.uk/arts-and-lifestyle/article/what-is-stealthing
There have been few cases that have dealt with the issue of stealthing to date. Of those reported, in 2017 a man was charged in Switzerland with rape which was a landmark case. A policeman was subsequently found guilty of sexual assault in Germany for the same crime.
In 2019, a man from Bournemouth was sentenced to 12 years in prison after raping a women in a hotel room when he chose to remove the condom being used during sex. The female, a sex worker, had provided conditions of intercourse to where a condom which were agreed beforehand and advertised on her website.
Support for anyone who thinks they may have been affected by anything in this blog can be found here https://www.thesurvivorstrust.org/news/i-may-destroy-you.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com.
Zara McDermott star of Love Island and Made in Chelsea has recently confirmed that she is working closely with Refuge Charity to raise awareness of the Naked Threat Campaign which is calling for the Government to make threatening to share intimate images a crime. https://www.refuge.org.uk/refuge-launches-the-naked-threat-campaign/
Zara herself experienced image based abuse during her time filming Love Island when intimate images of her were shared online without her permission. She has since used her social media platform to disclose the devastating impact this act of revenge porn had on her and to voice the need for change. Zara will also feature in an upcoming BBC documentary to discuss her experience of revenge porn.
The Naked Threat Campaign is backed by the Victims Commissioner and the Domestic Abuse Commissioner to urge the Government to use the Domestic Abuse Bill to make a simple legal change that would make a huge difference to the everyday lives.
With ever changing technology, images can be uploaded and shared within seconds. Media platforms such as Twitter, Facebook and Whatsapp are most popular in such quests with the ability to share images with millions of users in seconds. Disturbingly, these images are sometimes sent to the victim’s children, parents or employer and frequently also posted on pornographic sites which are then difficult to remove. We have seen many instances over the years in the media where celebrities’ phones have been hacked and storylines of such revenge porn have played out in British soap Coronation Street, dramas and films.
At this time, only the physical sharing of such images or films without consent in order to cause distress is a crime. This is described as “the sharing of private, sexual materials, either photos or videos, of another person without their consent and with the purpose of causing embarrassment or distress”. The offence covers images or videos showing people engaged in sexual activity which would not usually be done in public or with their genitals, buttocks or breasts exposed or covered only with underwear. It is an offence to share the material as well as posting it online. In England and Wales, the maximum punishment is two years in prison, but in Scotland, it is five years
The Naked Threat Campaign seeks to change the law so that threatening to share intimate images is made a crime by extending Section 33 of the Criminal Justice and Courts Act 2015 to criminalise threats to share sexual images or films in England and Wales without consent with the intent to cause distress.
The hope is by explicitly outlawing threats to share sexual images or films, this will send the clear message to the abusers.
A survey commissioned by Refuge found that 1 in 14 adults in England and Wales have experienced threats to share intimate images or videos, this is equivalent to 4.4 million.
Those impacted by threats to share images, include controlling partners and ex-partners, leaving some victims afraid to leave abusive relationships. 72% of women who have received threats to share were threatened by a current or ex-partner and 83% of women who experienced the threat from a current or former partner also experienced other forms of abuse. This confirms Refuge’s assertion that threatening to share intimate images must be treated as a domestic abuse issue.
Threats to share intimate images are most prevalent amongst young people (aged 18-34), with 1 in 7 young women experiencing such threats.
Such threats have significant impact on mental health and social wellbeing and will act as a way of control. Of those impacted, 1 in 7 confirmed they felt risk of physical abuse and 1 in 10 felt suicidal.https://www.refuge.org.uk/wp-content/uploads/2020/07/The-Naked-Threat-Report.pdf
If you would like further information you can go to:
- Refuge: https://www.refuge.org.uk/ Helpline 0808 2000 247
- Victim Support: https://www.victimsupport.org.uk/crime-info/types-crime/cyber-crime/image-based-sexual-abuse
- http://www.revengepornhelpline.org.uk/0845 6000 459
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com
This week the popular BBC soap opera EastEnders will tackle male sexual abuse, a storyline expected to play out over the coming weeks.
Actor Danny Dyer's character Mick discovers a new character is his biological daughter, Frankie Lewis. Viewers of the soap will establish the girl's mother was once Mick’s care worker during his time in social care and secondly, Mick would have only been 12 years old at the time of sexual intercourse with his carer.
The storyline will focus on Mick’s realisation he was abused as a child despite having tried to avoid these emotions for many years. The storyline is set to explore Mick’s ongoing struggles with disclosure and feelings of abandonment. The long-term effects that will play out on screen for the character will be panic attacks, emotional difficulties, and mental health decline.
EastEnders have worked very closely with Survivors UK and NSPCC in the hope that the storyline will challenge the perceptions and stigma experienced by male survivors of sexual abuse. It is hoped the storyline will encourage people to come forward in similar positions to seek the help they may require.
Alex Feis-Bryce, CEO of Survivors UK, commented: “Research suggests that it takes male survivors an average of 26 years to speak out and seek support and the impact of sexual violence can be devastating.
The following organisations are available to contact for support:
Rape Crisis: services for women and girls who have been raped or have experienced sexual violence - 0808 802 9999
Survivors UK: offers support for men and boys - 0203 598 3898
NSPCC: help@nspcc.org.uk. 0808 800 5000
Childline: 0800 1111
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at Alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com
In recent years the popularity of UK Wresting has soared. With shows every weekend around the country drawing in big crowds of both young and old, the activity which is a mixture of both acting and sport is now highly popular in the UK just as it is in America and Japan.
NXT UK is a professional wrestling television programme produced by WWE (World Wrestling Entertainment) arguably the biggest entertainment giants for wrestling. The show airs in the United Kingdom on BT Sport, Channel 5 and Paramount Network making overnight successes of some of the show’s stars.
Films like Fighting With My Family based on the true-life success story of Saraya-Jade Bevis (Paige) who was signed to WWE and was the youngest ever Diva Champion at the age of 21 have been hugely successful.
In recent months, however, wrestling has repeatedly hit the headlines for the wrong reasons; abuse by leading wrestlers and secondly safeguarding issues.
Wrestlers, promoters, and other people in the industry were accused of sexual misconduct, with people using the hashtag #SpeakingOut as they shared their stories on social media. A wave of suspensions and sackings followed in the UK and the US, including big names from WWE.
BBC journalist Jonathan Savage reported that West Yorkshire Police were "carrying out initial enquiries" into allegations of a number of cases of abuse reported by female wrestlers.
Following this, many big names in the wrestling world from different organisations such as WWE and Elite Wrestling, both victims and the accused have been disclosed in recent publications
Kelly Klein a professional female American wrestler wrote on Twitter: “I was raped by a now well-known wrestler when I was 18. I didn’t feel like I had support or sufficient proof. I believed my career would be over before it started."
Impact Wrestling released Joey Ryan, Dave Crist and Michael Elgin following multiple sexual misconduct allegations shared on social media.
WWE recently released Former British champion Gentleman Jack Gallagher over allegations of menacing advances at a New Years Eve party in 2014.
The former cruiserweight wrote, "In 2014, at a New Year's Eve party, I met a young woman and my behaviour towards her was inappropriate. As this party was nearly six years ago and I had drunk quite a large amount of alcohol that night, unfortunately, I do not recollect what happened. I wish to make it clear that drinking is not an excuse for my behaviour that night. I want to express my deepest regrets, and I am genuinely sorry for the upset that I have caused." He continued. "This isolated incident is not reflective of my behaviour and attitude towards women. As a man, I know I can do better, and with the support of my wife, I have taken the time over the last few months to understand what I can do. But this is not about me, but about the women that come forward as part of the #SpeakingOut movement. I will continue to support women and this movement to the best of my ability."
WWE released a statement on the allegations against the performers in the wrestling company. It said: "Individuals are responsible for their own personal actions. WWE has zero-tolerance for matters involving domestic violence, child abuse and sexual assault. Upon arrest for such misconduct, a WWE talent will be immediately suspended. Upon conviction for such misconduct, a WWE talent will be immediately terminated."
UK wrestling star Matt Riddle is alleged to have abused Candy Cartwright, also a wrestler, in 2018, who claimed on Twitter that Riddle forced her to give him oral sex after choking her.
Another UK wrestling star Jordan Devlin (WWE NXT UK Superstar) has also been named after allegations were made by Hannah Francesca. Francesca posted a series of tweets in which she alleged she was physically abused by someone in the industry and when she went to the promotion, she was told “One of my boys wouldn’t do that.” She included photos of her bruised body.
WWE executives are reportedly getting together to discuss the influx of abuse allegations levied against NXT UK talent. Tom Colohue reports that WWE officials have called an emergency meeting to discuss the allegations against stars from the brand who have been accused of sexual, physical or mental/verbal abuse: https://411mania.com/wrestling/sexual-misconduct-allegations-el-ligero-mikey-whiplash-uk-wrestlers/
Labour MP Alex Davies-Jones raised the Speaking Out movement in Parliament during a debate on misogyny in sport and stated "The disturbing reality and lived experience for many female wrestlers is, more often than not, entrenched in misogyny," she said.
"I have heard horrific tales from female wrestlers who were faced with threats of rape or sexual assault, all in the name of 'friendly banter', "I have also heard from women as young as 13 or 14 who, at the start of their careers, were the targets of vile behaviours that saw male wrestlers competing to be the one to take their virginity." Davies-Jones said the #SpeakingOut movement had left the wrestling industry "tainted with its harrowing stories of emotional and sexual abuse" and questioned what was being done when there was "no governing body to hold to account" and "Who should these young women turn to?" the MP asked, telling BBC Sport: "Wrestling has fallen through the gaps because it's not necessarily a sport."
In September 2020 it was announced a group of cross-party MPs will launch the first ever inquiry into British Professional wrestling to consider how best to promote, support and improve the wrestling industry in Britain. The All-Party Parliamentary Group on Wrestling, co-chaired by Davies-Jones and Mark Fletcher MP will start taking evidence, written and oral, to inform a report due to be released in early 2021. Other MPs involved in the inquiry include Tonia Antoniazzi MP, Paul Bristow MP, Ruth Jones MP and Connor McGinn. Guidance on how to provide evidence to the inquiry can be found here.
NXT UK’s Pete Dunne has posted about the situation, noting that he is “disgusted by what I’m reading. Well done to those speaking out. I really hope we can make British wrestling a better place and keep everyone safe. This is a huge eye opener and let’s hope it will force a big change.”
Coach Relationships And Minors Another reg flag that came from the exposure in wrestling was relationships formed with younger athletes. As with recent exposures in the sport industry, with regard to British Gymnastics, Ballet and Swimming, coaching falls within a problematic loophole. It is illegal for teachers, care workers, doctors and youth justice workers to have sexual intercourse with 16 or 17-year-olds in their care. However due to a loophole, adults who hold a position of power over a young person such as coaches can legally have sex with someone of the age of 16 even in a position of trust such as this.
Such position of trust formed with a coach prevents many young people speaking out for fear this will not only damage their career but that they may not be believed. It provides a dangerous shift in the balance of power. Coaches may have worked with individuals for years having formed close bonds not only with the trainee themselves but also family and friends of the individual.
The NSPCC have been campaigning to change the law to be extended to include any adult who holds a position of power over 16 or 17-year-olds for many years. https://www.nspcc.org.uk/support-us/campaigns/close-the-loophole/ #CloseTheLoophole
Wrestler Banks, whose real name is Travis Bligh, has been accused of emotional and psychological abuse during a relationship with a 17-year-old trainee, Millie McKenzie. Millie accused the then 30 year old coach Banks of being emotionally manipulative of her during a “secret one year relationship” when she was training under him. Banks, who was also released by the WWE's NXT UK promotion, gave BBC Sport a statement in response, saying: "I apologise again for the pain that was caused. This was an entirely consensual relationship but I recognise that what happened should not have happened. "I support the efforts being made by the Speaking Out movement to enable everyone in wrestling, and other sports also, to feel safe and never have to face a similar situation."
Lucia Lee, 18, was another wrestler who came forward. In June 2020 she claimed young women were "slut shamed" and referred to as "ring rats", accused by male colleagues of having "slept their way on to shows". Speaking to BBC Sport, Lee said: "After my first match - I was 16 - there was a 30-something-year-old man backstage. Everyone congratulated me and he just sort of gave me a massive hug and whispered into my ear, 'your arse looked amazing during that match'. "If you speak up against someone that's on big shows, they can start going around to each individual promotion and saying 'don't book her, she's a troublemaker; don't book her she's a ring rat'."
Many of the alleged victims blamed a 'locker room' culture in wrestling that allowed misconduct to happen with a lack of rules no one to check on you.
Again due to the loophole, this will be another sport/activity which will allow young people to remain vulnerable.
What happens next? It will be of interest to see in the coming months, what safeguarding measures are proposed to protect individuals going forward.
In addition to the Biritsh Inqury, Equity, a trade union for entertainers, has suggested five pledges to regulate British wrestling, including safeguarding and 'dignity at work' policies, separate dressing rooms at shows and agreed transport and accommodation arrangements.
Progress Wrestling told BBC Sport: "We've all got to be great for this industry to work and to prevent another Speaking Out movement happening. Because if we're on the same level, we're on the same page, it's going to be safer for everyone."
Revolution Pro Wrestling CEO Andy Quildan said it wants "an independent body and we want to be held accountable".
British Wrestling have confirmed they are working closely with the NSPCC. The link to this is here.
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact us by emailing aboutabuse@hjtalks.co.uk.
In this episode of the HJ Talks About Abuse podcast, Alan Collins and Danielle Vincent explore the Church of England’s proposed compensation scheme for victims of abuse.
An interim pilot scheme has been drawn up to initially compensate 10 survivors. A statement read ‘The pilot scheme is designed to enable the Church to respond in particular to those survivors’ cases which are already known to the Church, where the survivor is known to be in seriously distressed circumstances, and the Church has a heightened responsibility because of the way the survivor was responded to following disclosure”.
Compensation funds have now been approved by the Church’s Cabinet, the Archbishops Council. Initial estimates suggest compensation will amount to potentially £200 million.
The scheme will look to compensate these 10 individuals as a ‘pilot’ before finalising the full Redress Scheme which will then be opened up to the masses. At this time, it is unclear what the time scale will be for this.
The Church of England compensation scheme follows the ongoing investigation and criticism by the Independent Inquiry into Child Sexual Abuse (IICSA). The IICSA has held several hearings into abuse in the Church of England and the Catholic Church The finalised report is still awaited, such hearing being delayed by the current covid pandemic. The inquiry’s report is expected to heavily criticise the Church of England for its failure to act on disclosures of abuse and to treat survivors with compassion by protecting clergy at the expense of children and vulnerable adults
The Most Reverend Justin Welby, the Archbishop of Canterbury and leader of the Church of England, and Vincent Nichols, the archbishop of Westminster and most senior Catholic cleric in England and Wales, have previously both given evidence in person to the IISCA, apologising for abuse and its cover-up. The Archbishop of Canterbury told it that he was ashamed of the church and abusers should go to prison. ‘These decisions feel like a turning point. We continue to pray for survivors and all those the Church has failed.
A separate 2017 investigation by the IICSA into abuse by former bishop Peter Ball found the church failed to protect boys and then concealed evidence of Ball’s crime and prioritised its own reputation above the needs of victims. Ball was jailed for 32 months in 2015 for sexual abuse against boys carried out over three decades. Ball was allowed to remain in the Church after accepting a reprimand for his behaviour in 1993.
The redress scheme has been publicised as the turning point in the Church’s treatment of survivors abused by bishops, clergy, churchwardens, employees, volunteers, congregation members and people with church connections. The Archbishops’ Council also committed the Church of England to greater independence and transparency in the way it deals with abuse. The scheme has been a long time coming for many victims whose complaints were never investigated or dismissed.
Reporting of both current and historical abuse in the dioceses have risen experientially based on the initial data disclosed in the last few years. In 2017 there were 3,287 complaints, compared with 2,195 in 2015. It is understood the increase is from vulnerable category victims.
It is predicted thousands of individuals will come forward to apply to the scheme who may not have already disclosed their experiences The criteria an applicant will be required to meet to be eligible to apply to the scheme and the finer details of the compensation awards tariff available has yet to be disclosed at this time. It is thought the scheme with cover sexual abuse, physical and psychological abuse.
The history behind the scheme is outlined by the Church’s lead bishop for safeguarding, the Rt. Rev’d Jonathan Gibbs in a BBC interview on 4th October 2o20: bbc.co.uk/programmes/m000n4vy
The Independent Inquiry into Child Sexual Abuse (IICSA) runs The Truth Project offering victims and survivors of child sexual abuse the chance to share their experiences and be heard with respect. 5000 people have spoken out. The link to this is here https://www.truthproject.org.uk/help-and-support#233150507
We encourage anyone who has concerns about sexual abuse to get in touch. You can contact Alan Collins at alan.collins@hughjames.com or Danielle Vincent at Danielle.vincent@hughjames.com
The Historical Institutional Abuse Inquiry investigated abuse of children under the age of 18 who were living in institutions in Northern Ireland between 1922 and 1995. The investigation reviewed 22 institutions but noted there were further organisations identified. The report was published on 20 January 2017. The Inquiry found that abuse was ‘widespread’ within various institutions.
The link to the findings of the report can be found here.
An institution was deemed any body, society or organisation with responsibility for the care, health or welfare of children in Northern Ireland, other than a school which, during the relevant period, provided residential accommodation and took decisions about and made provision for the day to day care of children. This included organisations run by the state, churches and charities such as children’s homes, training schools, juvenile justice centres (borstals), and orphanages.
Some of the institutions named include:-
Local Authority Homes * Lissue Hospital, Lisburn * Kincora Boys’ Home, Belfast * Bawnmore Children’s Home, Newtownabbey * Fort James and Harberton House, Londonderry
Juvenile Justice Institutions * St Patrick’s Training School, Belfast * Lisnevin Training School, County Down * Rathgael Training School, Bangor * Hydebank Young Offenders’ Centre * Millisle Borstal
Secular Voluntary Homes * Barnardo’s Sharonmore Project, Newtownabbey * Barnardo’s Macedon, Newtownabbey
Roman Catholic Voluntary Homes * St Joseph’s Home, Termonbacca, Londonderry * Nazareth House Children’s Home, Londonderry * Nazareth House Children’s Home, Belfast * Nazareth Lodge Children’s Home, Belfast * De La Salle Boys’ Home, Rubane House, Kircubbin * St Joseph’s Training School for Girls, Middletown, Co Armagh * Institutions run by Good Shepherd Sisters in Derry/Londonderry, Belfast and Newry
Church of Ireland * Manor House, a children’s home near Lisburn (added November 2015)
In November 2019, almost three years after the release of the report findings, The Historical Institutional Abuse (Northern Ireland) Act 2019 received Royal Assent. The Act provides the legal framework for the establishment of the Historical Institutional Abuse Redress Board.
The scheme has been set up following the findings of the report, to compensate those who experienced abuse in residential institutions in Northern Ireland between the years 1922 and 1995. The scheme goes further to offer an additional compensation sum if the applicant was sent to Australia under the Child Migrant Programme.
It is estimated there will be thousands of individuals who are applicable to apply to the scheme. The scheme became live in March 2020 and is now welcoming applications. The scheme application deadline is March 2025.
An application can be made on behalf of someone who died on, or after, 28 April 1953 if they are the deceased persons:
- surviving spouse;
- civil partner;
- cohabiting partner;
- surviving child.
The compensation award payment starts at £10,000 if the applicant was a resident in one of the institutions. The Redress Board will obtain a copy of the applicant’s evidence from the Public Records Office Northern Ireland (PRONI) on their behalf to confirm they were a resident.
An enhanced award payment of between £10,001 and £80,000 will be made based on the applicant’s statement provided, including the nature and extent of the abuse that that person was subjected to and the ongoing impact to the applicant’s life.
A further amount of £20,000 will be awarded if the application is made by or in respect of a person who was sent to Australia under the Child Migrant Programme if the applicant has not already been awarded compensation under the Government scheme established in the wake of the Independent Inquiry into Child Sexual Abuse (IICSA).
If an applicant provided evidence to the Hart Inquiry they are not required to provide any further evidence in the form of a witness statement unless such individual wishes to do so.
The scheme will also provide assistance to people with queries about:
- benefits and housing
- debt and personal finance
- education and further education, jobs and training
- searching for personal records
- help to report abuse incidents to the Police Service of Northern Ireland
Applications will be considered by paper determination by a three-person panel consisting of a judicial member and two non-judicial members from a health and social care background. The judicial member will chair the panel.
An offer of settlement would, in theory, be made within 21 days. If the applicant does not want to accept the award amount, they have the right to appeal the determination. A single judicial member will determine the appeal. The judicial member can uphold the original decision, reverse the decision, or increase or reduce the award of the panel. A decision on the appeal is final.
We encourage anyone who wishes to discuss the scheme or has concerns about sexual abuse to visit the sexual abuse page on the Hugh James website. We can advise and assist you with an application to the Northern Ireland Redress Scheme at no cost to you.
If you would like to suggest a topic for a future episode of the HJ Talks About Abuse podcast, you can email aboutabuse@hjtalks.co.uk.
In this episode of HJ Talks About Abuse, Alan Collins and Feleena Grosvenor pay tribute to Ruth Bader Ginsburg. Justice Ginsburg was a US Supreme Court Justice and she died on the 18th of September 2020, aged 87.
She was only the second women ever to serve as a justice at the US Supreme Court, a well-known advocate for gender equality and an outspoken advocate of LGBTQ rights.
She was nominated to the Supreme Court in 1993 by President Bill Clinton and has heard a number of landmark cases.
One of the most significant cases Justice Ginsburg heard was Obergefell v Hodges. This was a case heard at the Supreme Court on 26 June 2015 and it related to two main questions; firstly whether states were required to license marriages between same-sex individuals and secondly if they were required to recognise same-sex marriages licensed out-of-state.
Justice Ginsburg sided with the majority which asserted that the right to marry is a fundamental right “inherent in the liberty of the person” and is therefore protected by the due process clause, which prohibits the states from depriving any person of “life, liberty, or property without due process of law.” Ultimately, the close connection between liberty and equality meant that the states could not deny any person the equal protection of the laws.
The 5-4 majority, including Justice Ginsburg, legalised same-sex marriage in all 50 states.
It is an unfortunate reality that over history, and even in the present day, that those who have a sexual orientation other than heterosexual can be targeted and abused and/or discriminated against for this reason. This case and the comments made of the Supreme Court were monumental and one of the many occasions where Justice Ginsburg showed her support for the LGBTQ community.
Another significant case, and one of the most controversial that Justice Ginsburg heard, was Whole Woman’s Health v Hellerstedt. This case was heard in 2016 and related to Texas’ Omnibus Abortion Bill (known widely as H.B.2) which imposed strict restrictions and requirements on abortion providers. The bill was argued to have the purpose of making the clinics harder to run in an affordable and accessible way.
The justices struck down the bill by a majority of 5-3 because H.B.2 had forced abortion care facilities to close which resulted in fewer available facilities which then resulted in women facing undue burdens such as travel time and cost when seeking abortions. This restriction of access to abortion care was found to be unconstitutional.
Justice Ginsburg was a part of the majority and although she did not write the official majority option, she made clear her views on the subject should it be raised in future. She made a powerful statement as follows:
“it is beyond rational belief that H.B.2 could genuinely protect the health of woman and certain that the law would simply make it more difficult for them to obtain abortions… When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners… at a great risk to their health and safety…. Laws like H.B.2 that do little or nothing for health, but rather strew impediments to abortion, cannot survive judicial inspection.”
The HJ Talks About Abuse podcast is produced by the Sexual Abuse Team at Hugh James. If you have any questions about this episode of the podcast or would like to suggest a topic for a future episode, please email aboutabuse@hjtalks.co.uk
The existence of child soldiers has not been reported on much of late, but has been raised by the US State Department in its 2020 Trafficking in Persons Report, and by the UN in its report on human rights violations in Yemen (the UN report”).[1]
The use of children as soldiers is commonplace. The UN in 2016 reported that: An upsurge in global conflicts and brutal war tactics continues to make children extremely vulnerable to recruitment and use by armed groups to work as porters, messengers, and cooks, and also in armed conflict as combatants and in sexual slavery, causing the children lifelong trauma.
The Rome Statute of the International Criminal Court classifies the recruitment of children into fighting forces as a war crime and a crime against humanity. The International Labour Organization’s Convention No. 182 defines child soldiering as one of the worst forms of child labour. The African Charter on the Rights and Welfare of the Child outlaws child soldiering, and the Optional Protocol to the Convention on the Rights of the Child established 18 as the minimum age for children’s participation in hostilities.
In the UK You must be at least 16 years old to join the Army as a soldier. You can start your application when you're 15 years and 7 months.
In Australia, you can join the Army at 17 but can start your application earlier if you wish.
As mentioned in the UK sixteen-year-olds are allowed to join the Army, but under the terms of the UN Optional Protocol on the Involvement of Children in Armed Conflict, known as the ‘child soldiers treaty’, the UK does not send under-18s to warzones although there have been incidences where it has happened.
The UN Convention on the Rights of the Child defines a child as being every human being below the age of 18 years. This, arguably, begs the question is the west in some cases sending mixed messages by recruiting 16 and 17 year olds to their armed forces?
The argument is that the armed forces offer young people exemplary career opportunities and that may be so in the UK and Australia. The reality in the likes of Somalia is very different.
In those parts of the world where the UN conventions and protocols are not so readily respected, children can be illegally abducted and forced to join up. Or, it may be that due to the impact of conflict on their communities, children join 'voluntarily' (often under pressure from family or members of the group) in order to secure food, to escape an abusive relationship, for revenge if many of their family members have been killed or for safety and money.
As well as live combat, the role of a child soldier can include working as a spy, planting landmines, performing domestic duties and delivering messages. Child soldiers are highly vulnerable to abuse with reports of sexual exploitation, and being used as human shields on the front line of fighting. If they manage to escape, former child soldiers often live in fear of retaliation against themselves or their families.
Turning to the UN report, it calls on the Security Council to refer alleged actions by all parties in the conflict, including the Houthis rebels and Saudi Arabia, to the International Criminal Court for possible war crimes prosecutions.
The UN report also urges the Security Council to expand sanctions against individuals involved in the conflict and to establish a criminal investigations body.
The UN report authors said there were “reasonable grounds” to believe that the Yemeni government and the Iran-backed Houthis, along with the governments of Saudi Arabia and the United Arab Emirates, were responsible for a range of rights violations, including unlawful deaths, disappearances and imprisonment, along with sexual violence and the use of child soldiers.[2]
If the UK and Australia for argument’s sake lifted the minimum age for joining the armed forces to 18 it would unlikely make any difference to the plight of child soldiers in countries where conventions and protocols are not respected.
The UN report calls for:
[the parties to the conflict to] Cease and prevent the recruitment and use of children in the armed conflict; further, ensure the demobilization and effective disarmament of boys and girls recruited or used in hostilities, and the release of those captured; implement effective programmes for their rehabilitation, physical and psychological recovery, and reintegration into society.
All decent and same people would agree with that call, but is it worth the paper it is written on?
The tragic reality is that the child soldiers have rights written on paper but no means to enforce them. The UN report recognises that “No right exists without a remedy” yet calls on the warring parties who recruit child soldiers and exploit them in the worst possible way to do the decent thing.
The challenge for the UN and the international community is to enable the child soldiers to have the means of access to the remedy. There can be no means of access to justice if the child is dependent on the warring parties viz his/her abuser.
In relation to Yemen, the UN report calls for “the creation of a special tribunal such as a “hybrid tribunal” to prosecute cases of those most responsible” for the various atrocities. That may be right and proper but how does that look from a child soldier’s perspective?
Maybe, the UN and the international community when asking itself what should be done when children’s rights are abused should ask children? If they do, maybe, answers and solutions will be found that do provide a remedy…
If you would like to learn more about sexual abuse claims, be sure to visit the sexual abuse page on hughjames.com.
[1] Situation of human rights in Yemen, including violations and abuses since September 2014 https://www.ohchr.org/Documents/HRBodies/HRCouncil/GEE-Yemen/2020-09-09-report.pdf
[2] “Whether and how a Yemeni boy or girl was recruited depended on which
party to the conflict controlled a child’s home territory and on his/her age, gender and
economic status. Across all verified cases, poverty and hunger were powerful push factors,
rendering children vulnerable to monetary incentives and manipulation by recruiters and
peers.”
In a recent podcast, following the publication by the US State Department 2020 Trafficking in Persons Report, we discussed “trauma bonding” in the context of human trafficking.
It is recognised that victims can become physical and psychological dependence on their captors hence out of the trauma of being enslaved a relationship develops. It may seem perverse but on analysis, we can understand why this happens if the victim is dependent on the trafficker or slave master for food, shelter, or physical safety if not survival.
In this podcast, Alan and Michael explore “trauma bonding” in other contexts such as the abusive relationship.
“Trauma bonding” is thought to occur in relationships when there are periods of intense love and excitement with a person followed by periods of abuse, neglect, and mistreatment if not sexual and physical violence. The cycle of being devalued and then rewarded over and over works over time to create a strong chemical and hormonal bond between a victim and his or her abuser. This is why victims of abuse often describe feeling more deeply bonded to their abuser than they do to people who actually consistently treat them well.
We use the term relationship in its broadest sense because the reality may be that it is a misnomer. You could have for example a situation where criminal offences are being committed, say, in the case of a so-called relationship between a teacher and pupil. The pupil may well see what is taken place with the teacher as a “relationship” be blind to the grooming (and exploitation) that is occurring.
Is the acceptance of exploitation in a relationship a symptom or aspect of “trauma bonding”?
Michael makes the point that “trauma bonding” can be misunderstood as a kind of “Stockholm Syndrome” and explains why this is so
In attempting to answer the question Alan and Michael discuss research that suggests a significant minority of gay men experience violence in their relationships.
A study, published in the July 2018 issue of The American Journal of Men’s Health, indicates that gay male couples experience domestic violence at rates comparable to heterosexual couples.
Researchers gathered data about Intimate Partner Violence (IPV) from both members of male couples, rather than from just one member. 46 percent of couples surveyed said they had experienced IPV over the preceding year, whether as emotional, sexual or physical abuse or in some other form. The study also found that internalized homophobia is a common factor in abusive behaviour, both among perpetrators and victims.
A 2016 study in the US identified a cause of violence in a relationship as a homophobic stigma. This is in line with research elsewhere. It is of course extraordinary that in the western world in the 21st century that there are people embarrassed by their sexuality.
Research suggests abusive partners within an LGBTIQ relationship may use homo/bi/transphobia or heterosexism to exercise power and control over a partner. For example, the practice of "outing" or disclosing HIV status, or threats to do so may occur. An LGBTIQ partner may use their partner's sexuality or identity as a form of control by limiting their access to friends and social networks, or by threatening to tell their partner's employer, parent, children, landlord or friends about their same-sex relationship or trans identity.
Internalised homophobia can manifest within an abuser as "contempt for an intimate partner" An abusive partner may also use homophobia or transphobia to control and isolate a partner by suggesting that they will not be believed or that they shouldn't report the violence as they will be discriminated against by services and the law. Further to this, fear of isolation and homophobia in the wider community may contribute to victims staying with an abusive partner.
Other research suggests that there is an appreciation or expectation of emotional intimate partner violence to be commonplace.
Research has also shown that violence can be normalised and this begs the question if this is so, does this mean that there is an absence of “trauma bonding”?
If the normalisation blunts the distinction between aggressor and victim we can see how it might be difficult to answer the question affirmatively. Yet what appears to be a contradiction suggests that normalisation is, in fact, a symptom. The victim has “accepted” the violence to sustain what they see as the relationship. It’s arguably no different to the trafficking victim taking food and shelter from their captor day in day out in order to survive. A relationship of dependency exists through unacceptable behaviour.
To conclude and by answering the question “trauma bonding” generally is now understood in terms of attachment theory, and the ways in which abuse triggers intense fear and attachment that, perhaps, ironically can prompt the victim to seek the perpetrator’s protection.
A final thought is that labels and, maybe, “trauma bonding” is one, can conjure –up a meaningful diagnosis or an answer to a complex problem, but our discussion shows that they need to be used with care.
Following on from last week's episode of the HJ Talk About Abuse podcast, Alan Collins and Mike Dunn discuss the UN Convention on the Rights of the Child and whether in reality, it means anything, especially within the context of the States of Jersey?
To quote from the UK Parliament’s Human Rights Joint Committee report of 2015:
The United Nations Convention on the Rights of the Child (UNCRC) is the most universally accepted of all UN human rights instruments and the most comprehensive in its promotion of children's rights—civil, political, economic, social and cultural—informing other human rights standards through a framework of state responsibilities applicable to all children within signatory states' jurisdictions.
Yet the joint committee notes that the Convention is not incorporated into UK law:
Moreover, while the Convention has not been incorporated into UK law and is therefore not directly justiciable in UK courts—that is to say, an individual cannot go to a UK court to complain about a breach of any of the rights in the Convention—the conclusions and recommendations of the UN Committee, while strictly speaking not legally binding, do provide an authoritative interpretation of the individual treaty obligations which are themselves legally binding on the UK.
The Committee had previously recommended that the Convention be incorporated into law, having also noted the inadequacies that presented due to this failure. Sweden by contrast has incorporated the Convention and has recognised that doing this has been an aid to empowering children and young people.
Alan argues that the Convention be incorporated into UK law. It should be so incorporated to give backbone to the necessary measures that are needed to ensure that child protection is adequate for the 21st Century; that those invested with responsibility for child protection, be they individuals or bodies, are in effect answerable to both children and society more broadly, and as such must always be held accountable for failures to protect or for inaction. The way this accountability is expressed or defined, and subsequently enacted, should therefore never amount to tokenism.
If you would like to speak to Alan about The United Nations Convention on the Rights of the Child and how it may apply to you, get in touch by emailing aboutabuse@hjtalks.co.uk. For more information about how Hugh James helps survivors of sexual abuse, you can visit Alan's page on our website here.
In this episode of the HJ Talks About Abuse podcast, Partner Alan Collins discusses with Mike Dun – amateur historian and commentator on legal and political issues in Jersey and elsewhere the issue of human rights in 2020 with an 18th-century twist.
They discuss whether piracy and slave trading generated human right questions 300 years ago and whether society has learned any lessons from those times let alone found answers.
For more information about sexual abuse cases, visit Alan's page on the Hugh James website or you can email aboutabuse@hjtalks.co.uk.
Slavery has been very much in the media recently. Few must have missed the images of social-disorder and the toppling of statues broadcast on social and mainstream media, and the very heated arguments this generated. In the ensuing debates, attempts were made to focus attention on modern slavery.
Slavery tragically is alive and flourishing in the 21st century. It is happening as we speak and under our noses.
It is estimated that 40 million people globally are victims of modern slavery or trafficking. Over 70% of these people are women and girls, many of whom are trapped in sexual exploitation.
The Trafficking in Persons report 2020
The US Department of State’s Trafficking in Persons (TIP) report is published annually and measures countries’ efforts to comply with the “minimum standards for the elimination of trafficking” based on a tier ranking system.
The United States considers “trafficking in persons,” “human trafficking,” and “modern slavery” to be interchangeable umbrella terms that refer to both sex and labour trafficking. It encompasses involuntary servitude, slavery or practices similar to slavery, debt bondage, and forced labour.
The US’s Trafficking Victims Protection Act (“TVPA”) defines “severe forms of trafficking in persons” as:
"sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or the recruitment, harbouring, transportation, provision, or obtaining of a person for labour or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
A victim need not be physically transported from one location to another for the crime to fall within this definition."
Here is a snapshot from the 2020 report and this is of course just an example and it’s from Guinea:
"As reported over the past five years, human traffickers exploit domestic and foreign victims in Guinea, and traffickers exploit victims from Guinea abroad. Women and children are the most vulnerable to trafficking. Parents send girls to intermediaries who subject them to forced labour in domestic service and sex trafficking. Traffickers exploit boys in forced labour in begging, street vending, shoe shining, mining for gold and diamonds, in herding, fishing, and agriculture, including farming and on coffee, cashew, and cocoa plantations. Some government entities and NGOs allege forced labour within Guinea is most prevalent in the mining sector. Traffickers exploit men, women, and children in forced labour in agriculture. Reports indicate children are sent to the coastal region of Boke for forced labour on farms."
Readers and listeners may rightly conclude that this is modern-day slavery.
In future podcasts, we will explore other issues arising from modern day slavery but in this episode, we discuss “trauma bonding”.
Trauma Bonding
The 2020 report discusses the concept of trauma bonding and we use the Guinea example to help us appreciate it on a human level.
In human trafficking cases, the relationship between victim and trafficker may involve trauma bonding, a phenomenon that is beginning to receive, according to the 2020 report, increased attention. In research on the topic, trauma bonding is commonly referred to as “Stockholm Syndrome,” and the terms may be used interchangeably. “Stockholm Syndrome” is associated usually with kidnapping with the hostage forming a dependency like a relationship with their captors. However, there is no medical standard for diagnosis of either, nor any agreed-upon definition of trauma bonding. In addition, there is no definitive understanding of trauma bonding’s prevalence within trafficking situations and not all trafficking victims experience it. Current research is mostly limited to the United States and focused almost exclusively on sex trafficking of women and girls. These research gaps, again, according to the report, create uncertainty regarding the prevalence and full impact of trauma bonding on all human trafficking victims globally.
In “conventional” child sexual abuse cases albeit there is not, of course, anything remotely conventional but the point is we can and do see an emotional bond, which has enabled the sexual abuse of children, has served to protect the offender long after the abuse has ceased.
Although definitions vary, the most common meaning of trauma bonding is when a trafficker uses rewards and punishments within cycles of abuse to foster a powerful emotional connection with the victim. We might think of this as or call it “grooming”. Traffickers may take on a role as a protector (not unlike a kidnapper or child abuser who grooms his/her victim) to maintain control of the victim, create confusion, and develop a connection or attachment, which may include the victim feeling a sense of loyalty to or indeed love for the trafficker. This connection, or traumatic bond, becomes especially intense when fear of the trafficker is paired with gratitude for any kindness shown. Some argue that this is just natural adaptation but this does not sit easily with what we know about grooming in CSA. Additionally, trauma bonding, including in cases of trafficking, may occur within familial relationships in which the perpetrator could even be a parent which as we know can in itself cause considerable psychological damage.
In our Guinea example, we can, perhaps, relate to the victims’ desire to be safe and to have food and shelter. For these basic needs, they will be dependent on their captors, that is, their supposed employers. That dependency creates a “relationship” akin to master and slave.
Psychological coercion may increase the likelihood of trauma bonding. When a victim perceives a threat to their physical and psychological survival at the hands of their trafficker, trauma bonding may occur. Traffickers may isolate and threaten victims, induce exhaustion, and interfere with their believed or real ability to escape. A victim may eventually feel helpless and respond to any form of “help” or “kindness” from their trafficker with gratitude and attachment in order to survive.
To quote from the 2020 report:
Describing the bonding that occurs in the face of danger, psychiatrist and trauma expert Bessel Van der Kolk explains, “Pain, fear, fatigue, and loss of loved ones and protectors all evoke efforts to attract increased care. When there is no access to…other sources of comfort, people may turn toward their tormentors.” Therefore, a victim’s social and economic circumstances may contribute to their developing a sense of trust and loyalty towards a trafficker. For example, lack of access to housing, healthcare, employment, income, education, or asylum may increase the likelihood of a trauma bond developing.
In this episode of the HJ Talks About Abuse podcast, host, Alan Collins talks about the prevalence of abuse within the aid sector.
The UK Government's International Development Committee has announced that it is launching a re-examination into the progress that has been made to tackle sexual abuse and exploitation within the aid sector.
The examination's focus is on aid recipients who become victims and survivors of sexual abuse within the sector. The International Development Committee will look at such topics as the ability of victims to access justice and their ability to rebuild their lives as well as looking at the steps needed to change the culture within the aid sector so that abuse can be prevented in the first place.
The US State Department has also recently released a "Trafficking In Persons" report. Part of this report is about accountability for UN peacekeepers. The report highlights that countries send troops on peacekeeping missions but those peacekeepers often have no accountability back home for any wrongdoing done while on peacekeeping missions.
When refugees are more concerned about their safety and survival, they do not have the resources to seek justice when they have been violated.
If the International Development Committee wants to really tackle this issue, they need to speak to victims and not just those who are providing aid.
In the example of UN peacekeepers or foreign aid workers, one thing that would go a long way to addressing the issue would be to remove jurisdictional boundaries so that a survivor can have their abuser prosecuted in any country around the world. For instance, if the survivor is in Country A and is abused by a peacekeeper from Country B while they are in Country A, then the survivor should be able to have their abuser prosecuted in Country A, Country B or in any other country.
It is also unreasonable to expect that a refugee who is struggling to feed, clothe and house themselves would be able to obtain a form, fill it out and post it back in order to report their abuse. In order for refugees to be able to access justice, they need to be able to report abuse from within the refugee camp.
In this episode of the HJ Talks About Abuse podcast, Alan Collins and Feleena Grosvenor discuss the topic of online abuse and how this is particularly relevant at the moment.
Over the decades as technology has grown, the concern over online child abuse has also increased. Children are very susceptible to online abuse such as grooming and exploitation, and as every young person appears to have access to a computer, a tablet or a mobile phone there are far more individuals at risk than ever before.
Online abuse can be defined as any type of abuse that happens on the internet. This may occur for example over social media, messaging apps, emails, online chats, online gaming and live-streaming sites. Children can be at risk of online abuse from people they know or from strangers. It might be part of other abuse which is taking place offline, like bullying or grooming, or the abuse might only happen online.
The Internet Watch Foundation, a charity that reports and removes online child abuse, revealed that in May during lockdown three major internet companies logged 8.8 million hits to child sexual abuse imagery from the UK alone.
With lockdown, and children largely not being at school, they have understandably been spending more time online and are at greater risk of being targeted. Young adults may also be online far more than usual and more vulnerable to online sexual exploitation given the COVID-19 circumstances, for example, they may have lost their job and have financial difficulties.
We were drawn to an article which described a man who made an “OnlyFans” account which is a content subscription service. Individuals post pictures and earn money from their “fans” who are those paying to see their content. Pornography is allowed and so it is popularly used in the adult entertainment industry.
The man involved described abuse and negativity he received from his subscribers to reveal and do more than he was comfortable with. Although the man involved was an adult the article identified it is easy to see how a younger person could be sexually exploited through this website.
The Home Office, when asked regarding this site by the Guardian, said that there were plans to "put a legal duty of care on online platforms, backed up by an independent regulator, to hold them to account" (this is outlined in the Online Harms White paper https://www.gov.uk/government/consultations/online-harms-white-paper).
As “OnlyFans” is a relatively “simple” way to make money online it is easy to see how it could be seen as an attractive option for people who are vulnerable to sexual exploitation – a child or adult.
We encourage anyone who has concerns about sexual exploitation or online abuse to get in touch. You can contact Alan Collins or Feleena Grosvenor at alan.collins@hughjames.com or feleena.grosvenor@hughjames.com.
For more information about compensation for past sexual abuse visit https://www.hughjames.com/service/sexual-abuse-compensation or you can read more about this issue in the news here: https://www.theguardian.com/society/2020/jul/08/sharp-increase-in-uk-child-sexual-abuse-during-pandemic and https://www.bbc.com/news/business-53338019.
In this episode of the HJ Talks About Abuse podcast, host Alan Collins and colleague Feleena Grosvenor discuss the topic of abuse in sport.
We do so in the wake of the US Department of State’s Trafficking in Persons (TIP) 2020 report which is published annually and measures countries’ efforts to comply with the “minimum standards for the elimination of trafficking” based on a tier ranking system.
The United States considers “trafficking in persons,” “human trafficking,” and “modern slavery” to be interchangeable umbrella terms that refer to both sex and labour trafficking. It encompasses involuntary servitude, slavery or practices similar to slavery, debt bondage, and forced labour.
The US’s Trafficking Victims Protection Act (“TVPA”) defines “severe forms of trafficking in persons” as:
sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or the recruitment, harbouring, transportation, provision, or obtaining of a person for labour or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
There have been in recent years very high profile child sex abuse cases in sport, and in the UK football in particular. The 2020 report although a US government publication has world-wide reach and is thought-provoking because we do not necessarily equate sport with slavery.
The report paints in stark colours the reality and makes the obvious point that many people around the world dream of becoming professional athletes, drawn by the fame, multi-million-dollar contracts, lucrative brand sponsorships, and opportunities to travel around the world. The growing number of young players aspiring to become professional athletes and the potential to sign the next greatest deal inevitably draws human traffickers looking to profit from the exploitation of players’ dreams. Human traffickers feature in many walks of life and so why would sport be any different? The often insufficient oversight by sport governing bodies and lack of government enforcement further allows unscrupulous agents to operate.
According to the 2020 report, a common scenario is where sports agents approach poor families with an offer to arrange for a child to train at a street-side academy, sports club, or school, with the promise of signing the child with a professional team. Many of these families will do whatever it takes to meet the agent’s price. In cases where the agent does arrange for the children’s admittance and travel to a club or school, typically for a fee of thousands of dollars, the children often find themselves in situations that increase their vulnerability to predatory behaviours. And we know too well from the recent football cases in the UK how young boys became vulnerable to predatory coaches and the like.
The report shockingly reveals how some unscrupulous agents immediately abandon the children while in transit or after arrival at the destination. Other agents, who are actually traffickers, have a longer-term scheme, where they vie to establish themselves within young athletes’ circle of trust and instil a sense of dependency as early as possible. This is akin to what we know as grooming and in a previous podcast, we discuss the psychological damage this causes.
The report goes on to explain that if players fail to live up to expectations and advance to the next level in the sport, the agent abandons them without means to return home. If abandoned abroad, players often remain in the country undocumented not knowing how to contact family and friends or too afraid to do so because of a strong sense of shame and self-blame. This lack of resources, guidance, and social support increases their vulnerability to traffickers and may lead to dependency and further exploitation.
For players offered a position on a team, according to the report the traffickers posing as agents have already established a relationship with the athlete and are well-positioned to control the course of the athlete’s career. In numerous cases, the traffickers have compelled or tricked athletes into signing exploitative contracts with major kickback schemes that bind the athletes to the agent. These agents often maintain control of athletes’ travel and identity documents to prevent them from leaving, or they exploit a debt amassed from previous fees or interest on loans to keep the athlete in a state of debt-based coercion. This is arguably akin to slavery if not, in fact, modern-day slavery. For the athletes who have dedicated their lives to sign a contract, the fear of losing the opportunity by questioning the terms of that contract or their so-called agent can be insurmountable. Once the contract is signed, the trafficker finally has the control needed to extort as much as possible from the athlete. Even after becoming more established, athletes may feel it is too risky to challenge the terms of a contract or seek other representation out of fear their situation would cause shame, ruin their reputation, or jeopardize their future.
While traffickers tend to target children and youth, they also approach young adults. In these instances, following the same plan of signing an exploitative contract if the player is selected or abandonment upon failure. In either scenario, the player is at heightened risk of human trafficking. When legal migration avenues to countries with premier leagues are difficult or do not exist, the draw of a trafficker’s promise of success is even more compelling.
To quote from the report: Within Europe’s soccer industry alone, it is estimated there are 15,000 human trafficking victims each year. The migration patterns vary by sport, but the exploitative scheme of recruiting, building trust and dependency, and taking control upon a job offer is universal. The confluence of athletes’ desire to play, their families’ hopes of escaping poverty, agents’ desire to profit, leagues’ interest in marketing competitive players and games, and teams’ eagerness to find young talent all create an environment that, if left unregulated, could be ripe for traffickers to exploit.
Yet neither governments nor international sports federations or national sports leagues have successfully addressed the growing incidence of human trafficking of athletes. As professional sports leagues have become increasingly globalized, multilateral and regional bodies have started incorporating protection of athletes in sports integrity and anti-corruption initiatives; however, government and industry efforts to regulate an expanding web of migration and recruitment routes have proven insufficient.
The 2020 report does report on preventative actions being taken by governments around the world and rates each country accordingly. Progress in detection and prevention does vary and it is apparent that much more needs to be done to address, if not eradicate this miserable trade in young people.
The report calls for a more systematic and standardized approach given the global nature of the sports industry and decentralized structure of many associations. Greater pressure on teams and their scouts is needed to conduct more due diligence on the agents they work with to ensure their talent acquisition is free of exploitation. It is also suggested that governments could do more for example by ensuring greater public awareness. Further that there should be greater oversight and regulation in this area, with a role to be played by governments and governing bodies.
If you are a victim of CSA in sport you can contact Alan Collins or Feleena Grosvenor at alan.collins@hughjames.com or feleena.grosvenor@hughjames.com for a private consultation.
For more information see https://www.theguardian.com/football/2020/may/18/former-football-coach-barry-bennell-charged-with-nine-sexual-offences and https://www.bbc.co.uk/news/uk-england-manchester-52549032
In our latest episode of the HJ Talks About Abuse podcast, Partner Alan Collins and colleague Feleena Grosvenor, discuss the perception that certain abusers are “out of reach” to claim against and aim to clarify the incorrect assumptions that may exist.
Recently, former football coach Barry Bennell was charged with nine offences against two people in relation to non-recent child sexual abuse. This is in addition to the 50 child sexual offences that he was convicted of, that he committed between 1979 and 1991, and was sentenced to 30 years imprisonment for in 2018.
When we noticed this article we thought of the lay person who may be surprised that new charges have been brought even though the allegation is non-recent and he has already been convicted for a number of related crimes.
This is applicable to civil claims. There are misconceptions that if the crime was committed too long ago, or the conviction was secured too long ago, or there was no conviction at all, that you cannot claim. This is untrue. There are case-by-case facts that apply and you may still be able to pursue a case.
Another misconception may be that because the abuser is in prison that you cannot bring a civil claim against them. Again, this is untrue.
We have heard often that survivors do not pursue civil claims because they presume or know the person to be dead. Firstly, the abuser may not be dead, and secondly, if they are but it was within 6 months you may be able to make a claim against the estate.
All of these scenarios can be discussed in-depth with Alan Collins or Feleena Grosvenor if you think they apply to you. Please get in touch at alan.collins@hughjames.com or feleena.grosvenor@hughjames.com for a consultation.
https://www.independent.co.uk/news/uk/crime/barry-bennell-news-child-sex-abuse-charge-latest-news-a9520086.html
In this episode of the HJ Talks About Abuse podcast we discuss Mental Health Week and how it applies to our clients.
18th to 24th May 2020 is Mental Health Awareness Week in the UK.
This is unfortunately very applicable to the work we do as it is not unusual that those who have been sexually abused, especially as children, suffer from mental health illnesses.
Mental Health Awareness is being promoted across all platforms at the moment a lot more than we’ve noticed in recent years because of the COVID-19 impact and the concerns over isolation.
We would like to tie this into the frustrations currently faced by our clients.
We have noticed in our experience that the court process can exacerbate mental health symptoms. This may be because the process itself is traumatic (survivors facing their abuser or abusers) but it may also be a lengthy process which can be stressful.
Due to COVID-19, we are unable to attend court for the civil matters we are pursuing. This means that remote methods must be used, however, often the abuser is in prison for the abuse they have committed. Communication is difficult in the best of times, but currently, it is a frustrating circle of adjournments. We have been advised that prisoners do not have access to the usual video and telephone conference facilities to attend court hearings remotely. It is unfair to continue proceedings if they wish to attend and cannot for matters outside of their control. This is regardless of how long the matter has been ongoing, or the severity of their crimes. This is understandable for practitioners, but for survivors, it can be heartbreaking.
Other practitioners will appreciate that hearings and trials are often booked well in advance and can be difficult to organise. We are frustrated, and can only imagine how our clients feel when they have been mentally preparing for a hearing or trial which is now likely to not be heard for months.
Hugh James would like to remind everyone to focus upon the positives where they can and if you or someone you know is struggling, seek help from friends, family or an appropriate organisation such as MIND (www.mind.org.uk).
https://www.mentalhealth.org.uk/campaigns/mental-health-awareness-week
In this episode of the HJ Talks About Abuse podcast host Alan Collins and colleague Feleena Grosvenor discuss “Zoombombing”; what it is and why it is so dangerous.
Individuals are abusing the necessity of remote working due to COVID-19 and the steep increase of the use of online platforms to communicate such as Zoom by “Zoombombing”. The National Crime Agency recently reported that more than 120 cases of Zoom video calls have been hijacked by those unknown displaying images of child abuse.
Taking, making, sharing and possessing indecent images and pseudo-photographs of people under 18 is illegal.
The term “making” could include:
- opening an attachment to an email containing an image
- downloading an image from a website onto a computer screen
- storing an image in a directory on a computer
- accessing a website in which images appeared by way of an automatic “pop up” mechanism
These examples, taken from Government guidance, are possible to occur when “Zoombombing” is committed and it is the person viewing the images, not uploading them, that is at risk of breaking the law.
Some of you may recall late last year the police chief, Robyn Williams, who was convicted for having child sexual abuse images on her phone when they were sent to her via WhatsApp by her sister. (https://www.theguardian.com/uk-news/2019/nov/19/police-chief-convicted-for-having-child-sex-abuse-video-on-phone-robyn-williams)
For those of you who would like to hear more about this topic we direct you to the BBC news story “my search for the boy in a child abuse video” (https://www.bbc.co.uk/news/stories-51680410) or you can contact Alan Collins or Feleena Grosvenor at alan.collins@hughjames.com or feleena.grosvenor@hughjames.com.
In this episode of the HJ Talks About Abuse podcast, Alan Collins discusses the importance of having strategies to maintain and improve our resilience and wellbeing, especially during the COVID-19 lockdown.
People have always had strategies to help them stay resilient, however, these strategies have been put under pressure over the last number of months during lockdown. Resilience and wellbeing affect your ability to cope and also bounce back after adverse events. This is especially true during COVID-19.
Resilience and wellbeing are also linked to job satisfaction and performance.
We know that lawyers need to continuously improve, rather than be perfectionists; be empathic, not over-involved; and get support and not take risks......how does resilience help this?
Hugh outlines a six-factor approach to resilience:
- Positive thinking: Use positive words when you think or speak eg that was good; thank you;
- Managing anxiety: Relax frequently using a deep breath;
- Organising tasks: Have a tidy, organised desk;
- Communicating well: Increase smiling and friendly behaviour;
- Communicating kindly: Be kind and reassure others; and
- Enjoying work: Make positive comments at the start of working day.
This is not an exhaustive list, but by reviewing these categories and thinking of how we can implement strategies along these lines, you will find that over time, you will increase your resilience and wellbeing.
In this episode of the HJ Talks About Abuse Podcast, we discuss the topic of remote interviewing with returning guest, Clinical Psychologist and visiting Professor at Birmingham City University Hugh Koch.
Part of the process for survivors of sexual abuse is to be interviewed. These interviews can be conducted by those trying to help them recover and rebuild their lives - such as psychiatrists or psychologists. Or, it may be by those who are trying to help them in other ways such as the police or their solicitor. In each of these interview situations, it is vitally important that the interviewee feels comfortable and able to share honest and open answers. It is also vitally important that the interviewer is able to clearly hear the person they are interviewing and, equally importantly, they need to be able to pick up on body language.
Both Hugh and I had conducted remote interviews prior to the COVID-19 lockdown, but neither of us were enthusiastic about the prospect of doing more of them, unless they were strictly required by the interviewee.
However, since the COVID-19 lockdown, remote interviews have become the accepted norm and both of us have had to use them extensively. A variety of platforms can be used for remote interviews with each having their pros and cons, but as long as the platform is easy to access for the survivor of abuse, it should work well.
With limited cause to use the technology prior to lockdown, we were more willing to cope with limitations like poor picture or sound quality. In some cases, there was a noticeable delay between a question being asked and the answer being given when interviews were done with people in North America. There have previously been issues with assessing body language of the lower torso and legs or if those areas of the body sustained an injury. But technology has improved a lot recently and there have been far fewer problems than anticipated. Empathy and listening is good for both ends of the call.
In March, there was a big discussion between solicitors, barristers, therapists and insurance companies about the validity of remote interviews. But, since BPS guidelines have been issued, client satisfaction with the process has been high, it has been easy to access for clients, and provides a good degree of privacy, confidentiality and security.
There have been specific issues with remote psychometric testing, as the process becomes much more complex when done remotely. It’s not that it can’t be done, just that it takes much more skill and attention.
Overall, remote interviewing has been working well and it may be used more in the future, even after lockdown ends, but it will never replace the face to face interview.
In this podcast AC and MS discuss the question why would you “cover-up” allegations of child sexual abuse?
The question is asked in the wake of the publication of the Royal Commission into Institutional Responses to Child Sexual Abuse’s report in which it is revealed that it determined that Cardinal George Pell had known of clergy paedophile activity at least as early as 1982 and possibly earlier.
The findings concerning the Cardinal who was last month acquitted of charges of child sexual abuse by the Australian High Court had been redacted until Pell’s court processes had run their course to avoid prejudicing the proceedings.
The findings relate to Cardinal Pell’s conduct as a priest in the Victorian diocese of Ballarat, where numerous cases of paedophile activity by Roman Catholic clergy occurred in the 1970s and ’80s. The Commission rejected Cardinal Pell’s evidence that he had not been told that the paedophile priest Gerald Ridsdale was being moved from his parish because of child sexual-abuse complaints. The Commission said that it was “implausible” that the then Bishop of Ballarat did not tell Pell and others in a meeting the real reason for Ridsdale’s move. The failure of Pell and others to advise the Bishop in relation to Ridsdale was unacceptable, the Commission said.
What Cardinal Pell knew about Ridsdale taking boys on trips in 1973
[Gerald] Ridsdale was appointed assistant priest at Ballarat East in 1972. In January 1973, Father Pell was appointed assistant priest at Ballarat East. He lived in the Ballarat East presbytery with Ridsdale for nine or 10 months in that year.
While at Ballarat East, Father Pell heard that Ridsdale had taken groups of boys away on camps, including overnight trips. Cardinal Pell accepted that, because of the Monsignor Day scandal, child sexual abuse was at least on his radar. In submissions, he also accepted it was clear that ‘momentary thought’ was given to the matter of Ridsdale taking boys away on camping trips.
We are satisfied that in 1973 Father Pell turned his mind to the prudence of Ridsdale taking boys on overnight camps. The most likely reason for this, as Cardinal Pell acknowledged, was the possibility that if priests were one-on-one with a child then they could sexually abuse a child or at least provoke gossip about such a prospect.
By this time, child sexual abuse was on his radar, in relation to not only Monsignor Day but also Ridsdale. We are also satisfied that by 1973 Cardinal Pell was not only conscious of child sexual abuse by clergy but that he also had considered measures of avoiding situations which might provoke gossip about it.
Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report
The Royal Commission has also found that Pell failed to act on complaints about paedophile clergy in Melbourne in the late 1980s and early 1990s when he was an auxiliary bishop in Melbourne, and later when he was Archbishop.
In a statement, Cardinal Pell, who is now living in a Sydney seminary since his release from prison, said that he was “surprised by some of the views of the Royal Commission”, particularly the findings concerning Gerald Ridsdale. “These views are not supported by the evidence”.
In their examination of possible answers AC and MS discuss:
- an institutional culture that prioritises reputation, prestige or loyalty to the institution above the individual
- strong personal relationships between adults within institutions, or conflicts of interest for individuals in institutions
- Culture can suppress disclosure of abuse for example out of concern that it may bring shame (real or imaginary) on to the family or community
“We urge Member States and the international community to include the specific needs and priorities of indigenous peoples in addressing the global outbreak of COVID 19." ~ Chair of the United Nations Permanent Forum on Indigenous Issues, Anne Nuorgam.
In this episode of the HJ Talks About Abuse podcast, Alan and Regina Paulose discuss the impact of coronavirus on indigenous peoples from a human rights perspective.
Indigenous peoples experience a high degree of socio-economic marginalization and are at disproportionate risk in public health emergencies, becoming even more vulnerable during this global pandemic, owing to factors such as their lack of access to effective monitoring and early-warning systems, and adequate health and social services.
As lockdowns continue in numerous countries, with no timeline in sight, Indigenous peoples who already face food insecurity, as a result of the loss of their traditional lands and territories, confront even graver challenges in access to food. With the loss of their traditional livelihoods, which are often land-based, many Indigenous peoples who work in traditional occupations and subsistence economies or in the informal sector will be adversely affected by the pandemic. The situation of indigenous women, who are often the main providers of food and nutrition to their families, is even graver.
Yet, Indigenous peoples are seeking their own solutions to this pandemic. They are taking action, and using traditional knowledge and practices such as voluntary isolation, and sealing off their territories, as well as preventive measures – in their own languages.
WEF: A 15-year-old boy from a remote region of the Brazilian Amazon, near the border with Venezuela, died of COVID-19 on April 9. A member of the 35,000-strong Yanomami people, the boy was the first known death among Brazil’s indigenous communities in the current pandemic. There are now growing fears that COVID-19 will wreak havoc across the Amazon
Alan and Reg question the effectiveness of the UN and ask
- How does the UN protect indigenous rights if at all?
- What role does the UN have?
- Are there legal obligations and rights?
- Who speaks for indigenous peoples?
- What can indigenous peoples do to protect and promote their human rights?
- What can we learn in the COVID 19 context from indigenous peoples?
In answering these questions they explore whether there are wider implications for mankind given the impact globally of the virus and the environment and should we wring our hands in despair, or look forward with optimism?
In this episode of the HJ Talks About Abuse Podcast, Alan Collins speaks with Clinical Psychologist and visiting professor at Birmingham City University, Hugh Koch, about the impact of lockdown on mental health.
Specifically, they discuss lockdown related anxiety.
Hugh writes a weekly blog about lockdown related anxiety and brings some of his observations from that endeavour to this conversation. Most of us have experienced some form of lockdown related anxiety over the last 12 weeks from difficulties adjusting to new working patterns, family dynamics, loneliness and isolation.
There are a few main ways to avoid lockdown anxiety:
- To control our schedules and routines to make sure that we stay connected to others
- To be aware of the way that we think during lockdown
- It's also important to have positive views of our abilities and those of our peers and the country as a whole to eventually be able to come out the other side of this crisis
- Finally, we need to be able to manage our feelings by focussing on the kinds of things that will help us to stay nice and calm.
Hugh also talks about the need for doing exercises that help us to focus on our breathing as well as tensing and relaxing different parts of our bodies to allow us to loosen up and let go of our anxiety.
Connecting to our main subject of abuse, Hugh answers Alan's question about how adult survivors of childhood sexual abuse should deal with anxiety as they also have to deal with their past experiences on top of lockdown related stresses.
Hugh's advice is that whatever has happened in the past is in the past and today can be the first day of the next phase. This next phase can involve being clear with yourself about what you can change starting today that will make a positive impact on you. Maybe it is going for a walk and saying hello to five people or looking at the world around you and identifying aspects that are pleasant. Even making a phone call to show an interest in someone else's life story can have a big impact.
It's obvious that the complex issues faced by adult survivors of childhood sexual abuse cannot be solved by a few minutes on a podcast, but these strategies can be a starting point from which real healing can stem.
People’s Tribunals are independent, peaceful, grassroots movements, created by members of civil society, to address impunity that is associated with ongoing or past atrocities. As such, they offer society an alternative history and create a space for healing and reconciliation to take place that may otherwise be stifled by political agendas and legal technicalities. Since the 1960’s, People’s Tribunals have grown and developed to address many kinds of situations, from genocide to environmental degradation.
In this episode of the HJ Talks About Abuse podcast Alan and Reg Paulose discuss the concept of the People’s Tribunal and question their effectiveness.
In the context of that question they discuss:
- Can they be seen as legitimate responses to injustice?
- How do they work?
- What do they achieve that conventional legal models do not?
- So are they effective?
- How do we measure effectiveness, what does it look like?
Reference is made to the UKCSAPT – the People’s Tribunal established in the UK to examine child sexual abuse (see website HJ).
These issues are discussed in the recently published book: People’s Tribunals Human Rights and the Law: Searching for Justice (published by Routledge, and edited by Reg. Alan wrote the chapter on “People’s Tribunals and how they examine child sexual abuse).
This book presents a balance of academic and practitioner perspectives on People’s Tribunals. It explores key questions relating to their formation and roles and discusses what they can offer to victims and survivors. The volume provides an introduction to the subject, theoretically informed discussion reflecting different perspectives, and a range of contributions focusing on different types of People’s Tribunals and various aspects of their operation. The authors analyse the advantages and disadvantages of these movements in a variety of contexts. The impact and contribution they have in the international criminal law and international human rights context is also discussed.
In this week’s podcast Alan discusses issues of elder abuse with Prof. John Williams.
John was Professor of Law and Criminology at Aberystwyth University. His main area of research is examining how the law affects older people with a particular emphasis on human rights, social care, the criminal justice system and elder abuse. He is the author of many academic and practitioner papers on topics such as the rights of older prisoners, social care of older prisoners, the case for a public law on the protection of adults at risk, care home design and human rights, and international human rights and older people. Most recently, he authored Protection Of Older People in Wales: A Guide To The Law. This guide was published by the Older People’s Commissioner for Wales and is designed to assist practitioners working with older people at risk of abuse.
John is currently a member of the Welsh Government's advisory group on the new law on adult protection in Wales. He recently acted as legislative adviser to the Health and Social Care Committee of the National Assembly for Wales on the Social Services and Well-being (Wales) Bill. In June 2012 John was a member the Expert Group on the Human Rights of Older People that was organised by the United Nations. He is a trustee of Age UK, Age Scotland, and Ceredigion CAB, and a board member of Consumer Futures. John is a member of the Welsh Advisory Group of the Law Commission for England and Wales.
Elder abuse is a complex and emotive issue and it is difficult to discuss but we all have something in common: we were children once and we are all getting older yet our society experiences ageism.
Elder abuse encompasses not just physical assaults, but neglect and exploitation. Abuse can occur in the home, within families, and in care settings.
In this episode of the podcast, the question is asked whether further legislation is needed to promote and protect the legal rights of older people, or whether it’s a case that existing laws and policies need to be respected?
In that context, is it right that when an older person is involved, exploitation is sometimes seen as a welfare issue as opposed to a potential crime? When those with a responsibility to investigate exploitation allegations do so, is their investigation done through the prism of ageism, even if only subconsciously?
Alan and John discuss some of these issues in the context of COVID–19 pandemic and its impact on care and nursing homes. If elderly people are being confined to their rooms, or decisions are being made not to give them equal access to medical treatment (if that is the case), are their legal rights being compromised? All have the right to life under the European Convention of Human Rights, and equally a right not to be unlawfully detained or falsely imprisoned. In a recent episode of the podcast, we pointed out that you do not have to have bars on your window to be imprisoned. There is considerable scope in the “lockdown” provisions for people’s rights to freedom and life to be subconsciously or inadvertently compromised, and there are no exceptions just because you are “over 70”.
In this episode of the HJ Talks About Abuse podcast, Partner Alan Collins and Senior Associate Robert Hurling discuss personal injury trusts.
What is a personal injury trust?
An injured person sometimes places or has placed for them their compensation into a personal injury trust which is a legally binding arrangement for the holding and managing of monies – compensation received as a consequence of injury.
When and why would a personal injury trust be needed?
The injured person may be unable to work and their family members may have given-up employment to provide care. They will continue to have their regular living costs to meet, including providing maintenance costs for their children or other dependant relatives. All these obligations and needs could mean that the person may still need to access DWP and local authority means-tested benefits and funding for care services. Receipt of compensation could affect entitlement.
A personal injury trust is a legal vehicle that can be used to ensure that the receipt of compensation does not affect entitlement to certain DWP and local authority means-tested benefits.
It is important to consider whether a personal injury trust could be used to ensure that the injured person:
- Is able to claim all of the state benefits and care funding that they may be entitled to, both now and in the future
- has a suitable structure in place to manage their compensation in the future
A personal injury trust can, therefore, protect the interests of very young, old, disabled or otherwise vulnerable people.
How does the personal injury trust work?
The personal injury trust is created by a legal document called a deed. The injury person appoints two but no more than four trustees who will manage the fund – the compensation. They will make decisions about investment and payments. This a very responsible job and depending on the individual’s circumstances whether family members or close friends act as a trustee together with the person receiving the compensation, or professionals are appointed such as solicitors. The trustees must each authorise all transactions within the trust, providing protection against inappropriate use of funds.
Trustees must each be over 18 years of age and mentally capable of fulfilling their responsibilities. They have to set-up a bank or building society account to hold the trust funds, which must be kept separate from all other personal finances. All cheques and transactions will be signed and authorised by the trustees. It is important to choose the right trustees, as they will have full control over the personal injury trust and the funds held within it. The trustees chosen must be able to work well together and act in the best interests of the injured person for whom the funds are held.
It is important that the injured person receives legal advice from a specialist solicitor about the right kind of trust to put in place. The simplest type of trust is called a ‘bare trust’ and this is often the most appropriate for personal injury funds. In this type of trust, the money still belongs to the injured person and they can end the trust at any time if they so wish.
However, other types of trust may be appropriate so the person’s specific circumstances should be considered. For example, the type of trust may affect the distribution of the injured person’s estate when they pass away, so provisions for their family in the future should be taken into account.
A personal injury trust can protect the interests of very young, old, disabled or otherwise vulnerable people
An injured person can benefit from the knowledge and experience of their trustees. Appropriate trustees can provide valuable advice and support when making important decisions. This can ensure that funds are managed appropriately to protect the injured person's long-term interests.
A personal injury trust helps to define and ‘ring-fence’ the funds that have arisen from a personal injury, keeping them separate from other assets. This can assist if a person's circumstances change and they become entitled to means-tested benefits and care services in the future.
How much does it cost to set-up a personal injury trust?
There will be a cost in setting up a personal injury trust. It should be remembered though that the trust may pay for itself several times over, and should be factored in when decided whether to go ahead.
The cost of creating a trust can sometimes be included in a compensation settlement, but often people will have to pay the costs themselves. Also, if a professional trustee, such as a specialist solicitor, is appointed to manage the fund then they will usually charge an annual fee.
When should the personal injury trust be created?
There is a 52-week disregard for payments relating to personal injury. This means that clients will have 52 weeks from the first payment of compensation (whether that is an interim payment of the final settlement) to set up a trust to receive the compensation.
Once set up, it will ensure that the funds can be transferred into the trust immediately and there will be no loss of DWP benefits or care funding entitlement provided this is done within the 52 week limit.
Some injured people may not be entitled to means-tested benefits and services at the time they receive their funds, and so a personal injury trust may not seem immediately relevant but circumstances can change, and some thought needs to be given to what might happen in the future.
It is possible for a trust to be created at a later date but it is not retrospective and does not allow for the injured person to claim for DWP benefits that they have missed out on.
Trusts for people without mental capacity
Some injured people lack the mental capacity to deal with their own financial affairs, under the criteria set out in the Mental Capacity Act 2005 (MCA). In order to make decisions for someone who lacks capacity, an application must be made to the Court of Protection (CoP). A CoP judge will then have to decide the most appropriate method for management of the person's financial affairs.
A deputy will usually be appointed in order to manage another’s property and financial affairs. This is usually preferred to the establishment of a personal injury trust, because a deputy is required to report to the Office of the Public Guardian (OPG). This requirement provides assurance that the person lacking capacity will have their best interests looked after. Funds held by a deputy will also be disregarded for means-tested benefits and services, in the same way as funds held in a trust.
In cases involving a child, a judge will need to approve the establishment of a personal injury trust to manage their funds until they reach 18 years of age. The court will need to be satisfied that a trust is suitable and is likely to be beneficial to the child, as well as approving the trustees and the type of trust that is to be used.
But it’s my compensation!
Yes it is, and remains so even with the establishment of a personal injury trust. An injured person (provided they have capacity) can always end the trust.
If you have any questions about setting up a personal injury trust, you can speak to Robert Hurling by visiting the Court of Protection page on the Hugh James website.
You can email aboutabuse@hjtalks.co.uk to speak to Alan about something you have heard today or to suggest a topic for a future episode of the podcast.
In this episode of the HJ Talks About Abuse podcast, Alan Collins discusses the role that institutions take in producing abusive sexualities with Dr Michael Salter. The discussion centres around the trend of people, particularly men, who are in positions of power being able to sexually abuse people within the institutions they are part of.
What is it about the institutions themselves that produces or at least encourages people to offend?
When the people within institutions lose their identity as individual people, but instead begin to be seen as numbers, they lose their voice and their power which leaves them vulnerable to abuse.
This loss of power can apply to anyone, although it is most common among children and young women.
Dr Salter gives the example of young actresses being seen as interchangeable leaving them vulnerable to sexual exploitation. They are seen as powerless and voiceless, which means that the movie executives they are reliant on have opportunities to offend that they wouldn’t have if the young women had a voice and were treated more seriously.
There can be a generational component to this kind of abuse where those who were abused or were witnesses to others being abused then grow up to be part of the same institutions. They are then more likely to either become perpetrators of abuse or to reinforce the culture of silence about the abuse that occurs as it has become the accepted norm within the institution.
In one prestigious school in Australia, a student went on to become a teacher at the school and was subsequently convicted of grooming and abuse. People who knew about the abuse remained silent because of the homophobic culture within the school and the potential consequences of word of the abuse getting out. Many top solicitors, barristers, politicians and business leaders sent their children to that school and had spent many thousands of dollars on tuition to ensure that their children had the best chances of success. These parents also contributed to the culture of silence as any whisper of a scandal might jeopardise their children’s futures.
Our institutions will continue to produce and perpetuate abuse unless we are willing to make the kinds of changes that would give children their voice back and ensure that the culture of silence ends.
Until that time, the Abuse Team at Hugh James continues to give survivors of child sexual abuse their voice back by helping them to access justice. If you would like to speak to Alan Collins about your experiences with abuse within an institutional setting, you can email aboutabuse@hjtalks.co.uk.
In this episode of the HJ Talks About Abuse podcast we will discuss what the Criminal Injuries Compensation Authority Scheme is – “CICA” Scheme and how, despite its good intentions, it is failing survivors of abuse.
The CICA Scheme is a government-funded scheme designed to compensate victims of violent crime in Great Britain. Compensation is calculated using a “tariff of injuries”, and so the size of the award varies to reflect the seriousness of the injury.
You must have reported matters to the police in order to apply; but it is free to apply to the scheme and you do not necessarily need a solicitor to complete the application for you.
The main pitfall of the scheme is the fact that survivors are refused compensation because of convictions that are unspent. This is regardless of any relevance to the abuse they suffered.
In recent weeks it has been publicised that a survivor of the well-known grooming gang scandal in Huddersfield was refused compensation because of a driving offence. (You can read about this here https://www.independent.co.uk/news/uk/home-news/huddersfield-grooming-gang-child-sex-abuse-compensation-driving-a9394736.html )
We often advise our sexually abused clients to make an application to the scheme, particularly those whose abuser is unknown, dead, or the institution involved is no longer operational.
We ensure that we advise our clients, and now advise you, to consider three important things:
- Your unspent convictions. A solution could be to wait and apply for the scheme when your conviction has become spent.
- The time limit. We have mentioned in previous podcasts the Limitation Act in relation to bringing a civil claim for sexual abuse. There is also a time limit to the CICA Scheme of 2 years from the date of the incident. However, there is discretion for the CICA to overlook this time limit if, for example, you have only recently reported matters to the police, you did not know the scheme existed, or you have some psychological reason for your delay in applying.
- Repaying a civil claim. You cannot be compensated twice for the same incident. So if you are bringing a civil claim against the perpetrators of the abuse, or an institution, and are compensated by them you will have to repay the CICA compensation award.
It is hoped that the CICA will adapt its strict approach to unspent convictions but we will have to wait and see.
If you are interested to learn more about the background to this podcast we direct you to our podcast from last March on Grooming Gangs.
In this episode Partner Alan Collins and Sam Barker discuss the proposed changes to the limitation laws that apply to childhood sexual abuse.
In England and Wales, the limitation legislation states that you have three years to bring a claim for sexual abuse unless you were a child at the time of the abuse in which case you would have three years from the time you turn 18.
Very similar laws in Scotland and Australia have now been reformed. Alan has been consulting with IICSA's investigation into limitation law in England and Wales.
While judicial thought about limitation has changed a lot in the last 30 years, there is still more reform that could be made to make the legal system more open, accessible and fair to survivors of child sexual abuse.
Cardinal George Pell has successfully overturned his convictions for sexual abuse at his High Court appeal.
The Australian High Court found that Cardinal Pell should never have been convicted on the basis of the evidence that was placed before the jury at his trial.
On 11 December 2018, following a trial by jury in the County Court of Victoria, the applicant, who was Archbishop of Melbourne at the time of the alleged offending, was convicted of one charge of sexual penetration of a child under 16 years and four charges of committing an act of indecency with or in the presence of a child under the age of 16 years.
The successful appeal, of course, adds to the controversy that the prosecution and conviction in themselves created. There are those who are convinced that Pell was and is innocent and has spent unjustly a year in prison, and there are those who remain convinced of his guilt.
In this podcast we look at the issues and what the successful appeal may mean for future investigations and prosecutions?
We need to understand why the appeal was successful.
The Pell case in many ways was no different to many a prosecution in the UK and Australia where the allegations are far from recent. It is commonplace for victims- survivors of sexual abuse to come forward many years after the assaults were committed. This invariably brings challenges for any investigation and prosecution or, indeed, a civil claim.
The case has to be proved to a very high standard. In the criminal case beyond a reasonable doubt, and in the civil sphere on the balance of probability.
The complainants have to be reliable. To put it simply they need to know what they are talking about, and in our experience they usually do. Sometimes that is enough, but not always and particularly so where the allegations are disputed as in the Pell case. Therefore the lawyers bringing the case are looking for reliable corroboration that is evidence that backs the complainants’ accounts. This can be difficult because sexual abuse frequently occurs behind close doors, but there may be other victims who can give similar fact evidence, or there may be a history of complaints.
In the Cardinal Pell case, there were plenty of witnesses but as the High Court has pointed out in its judgment their evidence undermined the prosecution not supported it. Their evidence pointed to the lack of opportunity and potentially the impossibility of the offence being committed. Consequently, the jury, acting rationally on the whole of the evidence, ought to have entertained a doubt as to Pell’s guilt with respect to each of the offences for which he was convicted.
There is an argument that that cases such as this should be tried by judge alone but that does not stand up to scrutiny. If the High Court is correct in allowing the appeal then it has demonstrated that a series of judges got it wrong. To put it crudely they ignored the weight of the evidence that pointed to a verdict of “not guilty”. If the judges get it wrong don’t blame the jurors.
Juries weigh-up the evidence and are directed by the judge as to the law. The judge when summing-up will remind the jury that if he/she has misdirected them then it's not their fault. Juries are reminded that if there is doubt they must acquit, but they are dependent on the evidence before them and the judge’s directions.
The successful appeal highlights the challenges in bringing a prosecution or a civil case. The evidential burden is tough to discharge because, if there are flaws in the evidence, the case runs the risk of ultimately failing.
It cannot be ignored that the sight of Pell gaining his freedom may well discourage victims coming forward. Further, it may encourage those institutions who face allegations of child sexual abuse to fight the cases when, perhaps, they should not.
The High Court judgment needs to be considered objectively because regardless of whether you agree with it, there are clearly lessons to be learned and they all revolve around in ensuring that the evidence stacks-up. That is a constructive lesson that needs to be understood by all those concerned with these cases whether advising, defending or prosecuting.
In this episode of the HJ Talks About Abuse podcast, host Alan Collins speaks to Dr Michael Salter about the issue of systemic child abuse within religious bureaucracies.
Dr Salter explains how some seminaries are fertile ground for abuse to take place and that once committed, sexual abuse can be too easily perpetuated through a generational cycle of abuse.
It is clear from this interview that the organisational structure of a religious institution matters less than the vigilance of those within the institution to report abuse when they see it and to minimise the risk that abuse can happen.
If you have experienced abuse within a religious organisation or know someone who has, speak to Alan Collins about your rights and what you can do about it by emailing aboutabuse@hjtalks.co.uk
In this podcast Alan Collins and Dr Michael Salter, Associate Professor of Criminology at The University of New South Wales, discuss the risks associated with posting supposedly private images online.
Alan asks the question whether posting private and intimate images is now seen as acceptable behaviour? Dr Salter in answering this question highlights research in this area and how paedophiles are able to exploit this behaviour by gaining access to children. Alan highlights that IICSA as part of its research, revealed that children and young people come under pressure to share images. The research also shows however, that they have considerable insight and that there is much to learn from their insights.
Before the invention of the smartphone, child abuse images were created by adults and Alan recalls a case that he worked on called 'Green Field House' where in the 1960's, boys from this institution appeared in pornographic photographs and films which were clandestinely commercially produced. So in one sense this is not a new problem but now a radically developing and different one. Children and young people engaging in the sharing of images maybe doing so innocently, maybe naively and consensually. What is of further concern is that there maybe coercion. The research points to pressure to conform and engage, and that can become coercive. All of this has considerable ramifications because it can lead to both physical and psychological harm for the young people concerned.
Partner, Alan Collins, is joined in this latest podcast by freelance broadcaster and journalist, Gary Burgess. Many of you may know Gary from reporting on ITV News Channel, his journalism and his blogs.
In this podcast Alan and Gary discuss Coronavirus and what we perhaps can learn from the crisis that we are all having to contend with. They discuss the strength of the human character at times of adversity and how this will see us through the challenges that society will face in the months and years ahead. They reflect on their own experiences and how this may shape our own responses to the immediate and the future.
In our latest podcast we discuss the Coronavirus Bill, which no doubt will be on the statute book very soon, and the concept of false imprisonment.
False imprisonment and Coronavirus at first blush may seem to have little in common other than we all wish no doubt that we had not heard of either, but with the prospect of a “lockdown” bear with us.
There is a demand, if not a requirement, for our civil liberties to be curtailed so as to control the spread of the virus. We are being told to stay indoors and to keep our distance from our neighbours. So far these instructions have been polite requests to do as we are being asked. The implicit underlying message being that if we do not do as we are asked then the State will have to get tougher.
Government has to tread wearily because it can tell us what to do but does it have the legal ability to insist we do so?
The Coronavirus Bill contains provisions under clause 50 and schedule 21 to prohibit and restrict meetings and gatherings, and to close premises or restrict access, but that is as far as it goes.
Clause 49 and schedule 20 however, gives the power to remove and detain a person who is believed to be infected.
These provisions have to reflect the law which was recently analysed by the Supreme Court in R (on the application of Jalloh) v. Secretary of State for the Home Department [2020] UKSC 4.
The case is highly relevant because it can be argued that Parliament cannot simply tell people to lock themselves up. Government has to have very specific powers granted to it by Parliament to curtain a person’s liberty.
The case required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights (“ECHR”).
The Claimant in Jalloh, who was apparently a Liberian national, had been released from immigration detention on bail. He was subsequently served a notice of restriction with conditions which included a curfew. Further he was warned that if he failed to observe the curfew he was liable to a fine or imprisonment.
It later transpired that the Home Secretary did not have the power to impose the curfew this way. The High Court ordered the curfew to be lifted and the Home Secretary accepted it was unlawful.
The claimant sought damages for unlawful imprisonment. In the High Court he was awarded £4000 (he had been subject to the curfew for 891 days). The Home Office argued that compensation was not payable because the curfew albeit unlawful did not amount to unlawful imprisonment, and that if it did it should be modified as a common law concept so as to be aligned with the more demanding concept of deprivation of liberty under article 5 ECHR.
The Supreme Court did not accept the Home Secretary’s arguments.
The essence of unlawful imprisonment is being made to stay in a particular place by another person. The methodology can be varied and include physical barriers, the placement of guards, the threats of force or legal action. The claimant was subject to a curfew. He had to stay indoors and was warned what would happen if he did not obey. This was simply detention or confinement.
As for Article 5 ECHR it was possible for there to be imprisonment at common law without a deprivation of liberty. The latter depends on a number of factors: type, duration and effects of confinement. To align would be a retrograde step because it would restrict the classic understanding of imprisonment at common law to something far more nuanced and inhibit the citizen’s right to not be unlawfully imprisoned by the State.
Getting back to the unique circumstances of Coronavirus, the Bill attempts to recognise that there may be particular circumstances where a citizen has not committed a crime but is potentially infected, and as such presents risk to others, and has to be detained. That is very different to telling the general public to stay indoors.
Voluntary compliance on the part of the public is one thing, but being ordered to stay indoors and failing to do so would lead to a sanction is another. Parliament has to be very clear in what powers it gives Government and it in turn has to be very clear in how they are exercised because the Jalloh case reminds us that prison bars are not necessary for there to be false imprisonment.
When you think of false imprisonment you imagine being wrongly held in a prison, but the recent Supreme Court case of R (on the application of Jalloh) v. Secretary of State for the Home Department [2020] UKSC 4 demonstrates that the concept is far more nuanced.
The appeal was concerned about the law of damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Covention on Human Rights (“ECHR”).
The Claimant who was apparently a Liberian national had been released from immigration detention on bail. He was subsequently served a notice of restriction with conditions which contained restrictions that included a curfew. Further he was warned that if he failed to observe the curfew he was liable to a fine or imprisonment.
It later transpired that the Home Secretary did not have the power to impose the curfew this way. The High Court ordered the curfew to be lifted and the Home Secretary accepted it was unlawful.
The claimant sought damages for unlawful imprisonment. In the High Court he was awarded £4000 (he had been subject to the curfew for 891 days). The Home Office argued that compensation was not payable because the curfew albeit unlawful did not amount to unlawful imprisonment, and that if it did it should be modified as a common law Concept so as to be aligned with the more demanding concept of deprivation of liberty under article 5 ECHR.
The Supreme Court did not accept the Home Secretary’s arguments.
The essence of unlawful imprisonment is being made to stay in a particular place by another person. The methodology can be varied and include physical barriers, the placement of guards, the threats of force or legal action. The claimant was subject to a curfew. He had to stay indoors and was warned what would happen if he did not obey. This was simply detention or confinement.
As for Article 5 it was possible for there to be imprisonment at common law without a deprivation of liberty. The latter depends on a number of factors: type, duration and effects of confinement. To align would be a retrograde step because it would restrict the classic understanding of imprisonment at common law to something far more nuanced, and inhibit the citizen’s right not be unlawfully imprisoned by the State.
The annual abuse conference run by Hugh James and the NSPCC took place on 13 February 2020 in our office in Two Central Square, Cardiff.
The abuse conference is an opportunity to bring together a whole range of service providers who assist survivors of sexual abuse so thoughts, expertise and opinions can be shared to make the experience for survivors better.
This year focussed on a range of issues, from the definition of “Positions of Trust” in the Sexual Offences Act 2003 to support services for survivors who have found themselves in trouble with the law, but one important issue which came starkly into focus were opportunities to stop child abuse before it had occurred.
Whilst this might seem an incalculably difficult task, insights provided by Professor Bisson into the impact of Adverse Childhood Experiences in childhood on an adult in later life demonstrated that focus towards healing those who have had these experiences could assist in curving trends in the future.
Sam Barker of Hugh James spoke about the issue of consent in civil proceedings for compensation arising out of childhood sexual abuse. Whilst this seemed a nonsense to many in the audience, it is an unfortunate reality that consent is more often being used in a case where an abuser has been convicted of a sexual offence, but a lack of consent is not an element of that offending.
In today’s podcast, Alan and Sam discuss these issues further and welcome any thoughts from listeners.
If you enjoyed listening to this episode of the HJ Talks About Abuse podcast, you can listen to our other episodes on your favourite streaming platforms with the buttons above.
All of our episodes are also available to listen to on our website here. To find out more about what Alan and Sam do, visit the abuse page.
The Independent Inquiry into Child Sexual Abuse is commencing its investigation into Child Protection in Religious Organisations and Settings on 16 March 2020.
This is a wide ranging investigation into child protection practices in religious organisations which have more than a trivial presence in England and Wales.
The hearings will run for two weeks and will conduct an investigation into the adequacy of child protection practices in, for example, the Jehovah’s Witnesses, the Jewish orthodox community, Scientology and Paganism.
Hugh James represents an advocacy group of current and former members of the Jehovah’s Witnesses called the EX-JW Advocates Opposing Crimes Against Children (the “Group”). To explain, the Group:
- Is made up of survivors of childhood sexual abuse within the Jehovah’s Witnesses UK, former elders of Jehovah’s Witnesses UK with deep knowledge of practices adopted by bodies of elders at congregations across the UK and former member activists who assist survivors across the UK;
- Certain members of the Group maintain a website and Facebook group with resources and immediate help for those who have been affected by Jehovah’s Witnesses UK and access to the site administrator who can speak with the member or ex-member in confidence;
- Advocates for change within Jehovah’s Witnesses UK in respect of, amongst other things, the 2017 safeguarding policy, internal practices and procedures following the disclosure of child sexual abuse within a congregation, support to survivors of child sexual abuse within Jehovah’s Witnesses UK and understanding of child sexual abuse not as a ‘sin’ but a crime; and
- Raises awareness in respect of Jehovah's Witnesses UK reluctance to co-operate with secular authorities in investigations and prosecutions members who have committed an act of child sexual abuse and the failure to bring those allegations to the attention of the police at first instance.
The Group is focussed on highlighting to the Inquiry the cultural issues within the Jehovah’s Witnesses which inhibits reporting of allegations of child sexual abuse to the police and stifles proper safeguarding at an institutional level. The primary point of concern is the recent policy shift within the Jehovah’s Witnesses of deflecting safeguarding responsibility onto parents within the religion rather than the institution itself.
Whilst it is of course a parent’s responsibility to care for their children, it is bad practice on an institutional level to take an “arm’s length” approach to safeguarding by passing total responsibility to parents. This is particularly the case in inward facing and isolationist religions like the Jehovah’s Witnesses which restrict a child’s interaction with the outside world.
Other cultural issues which inhibit proper safeguarding include shunning, the two witness rule, scriptural investigations, a view of society’s laws as “Caesar’s laws” and reputational concerns. These issues are not all specific to the Jehovah’s Witnesses and practice like shunning and the two witness rule is practiced in other religions, like certain sects of Jewish orthodoxy.
Overall, the Group advocates for mandatory reporting along with external regulation and training. In the course of the investigations conducted by the Inquiry it has become very apparent that religious institutions are almost incapable of properly self-regulating and appropriately reporting allegations of child sexual abuse or individuals who pose a risk of harm to children to authorities. The Jehovah’s Witnesses as an organisation has been exposed in the respect in a recent High Court decision called Lancashire County Council v E & F & Ors [2020] EWHC 182. The “choice” to report must be taken away from these organisations.
Another issue of great concern which again is not specific to the Jehovah’s Witnesses is the lack of external oversight and input in regard to safeguarding training and it is clearly the case that if bad practice is the basis of training, it will create a systemic issue which is difficult to correct. All religious organisations in the UK should be legally required to meet mandatory minimum standards but for those with charitable status there should be sanctions for failing to do so.
The Inquiry will hopefully be able to recommend meaningful change but it has taken on a monumental task over a short period of time.
What has happened?
In all, at least 80 women had accused Harvey Weinstein of sexual misconduct stretching back decades, including actresses Gwyneth Paltrow and Uma Thurman. Accusations emerged in the media in October 2017 and Weinstein was charged in May 2018.
The allegations were at the centre of the #MeToo movement that prompted women to go public with misconduct allegations against powerful men.
On 24 February 2020, Weinstein was convicted in New York of a first-degree criminal sexual act and third-degree rape. A third-degree rape charge in New York is defined as "engaging in sexual intercourse with a person who is incapable of consent, or under age 17, or who has not given consent for a reason other than the inability to consent".
The sexual assault was against his former production assistant Mimi Haleyi in 2006, and the third-degree rape was against Jessica Mann, a former aspiring actress, in 2013. Weinstein was acquitted on three charges, including two counts of predatory sexual assault, which carried a potential life sentence and a count of first-degree rape of Jessica Mann.
What happens now?
On 11 March 2020 Weinstein will be sentenced and is facing at least 5 years in prison and up to 25 years over the guilty verdicts. Weinstein's lawyers have confirmed that they will be appealing the conviction.
The following could be taken into account by the judge:
- No remorse or early guilty plea
- May be some consideration of his physical health issues
Will he succeed with any appeal?
If as anticipated, Weinstein appeals, it could be in relation to what might be considered the controversial move by the prosecution to call evidence from “complainants” who were not complainants in the criminal proceedings: give a “dog a bad name”…?
The reaction
“The Silence Breakers” (the term used to refer to Weinstein’s accusers as a group) issued a statement written on behalf of 23 of Weinstein’s accusers: “It is disappointing that the outcome does not deliver the true, full justice… [but] Harvey Weinstein will not forever be known as a convicted serial predator". The case has also exposed “the difficulties women face coming forward to tell the truth about powerful abusers”.
The story is far from over
The following should be noted:
- Civil complaints are ongoing
- In December 2019 lawyers said they reached a tentative $25m/£19m deal with some accusers
- He is still to face charges in Los Angeles
- Further to an investigation into 8 allegations
- Charges filed in regards to two incidents in February 2013 – an anonymized female Italian actor on 18 February and a model named Lauren Young (who was a witness in the New York trial) on 19 February . The allegations Include rape, forcible oral copulation, sexual penetration by use of force and sexual battery by restraint, and all carrying a potential 28-year prison sentence.
In this podcast we discuss the topic of understanding trauma in the context of child sexual abuse (CSA) with Associate Professor of Criminology at The University of New South Wales, Michael Salter.
What do we mean by trauma?
“A mental condition caused by severe shock, especially when the harmful effects last for a long time and cause post-trauma symptoms which put stress on the body”.
We need to understand what trauma means in relation to CSA and the impact it has on the victims (survivors).
Research shows that CSA impacts on a victim’s health across the life course so that harmful impacts may manifest through increased common childhood health conditions, as well as general poorer self-rated health. Such conditions are typically not life threatening (but can be life shortening for example by smoking or taking “drugs”) but their long-term impact on physical and social development can be considerable. Thus, childhood ill health as well as anti-social behaviour could impact school attendance and consequently opportunities for educational attainment and better economic prospects throughout life etc.
We also know that CSA can adversely affect relationships, with “trust” issues being common place. This in turn can affect self-worth, mental health and physical health too.
CSA is now understood as a non-specific risk factor for a range of negative outcomes including PTSD and complex trauma, substance misuse, relationship issues, ill-health and encounters with the criminal justice system.
Some children who have been sexually abused have a pre-existing vulnerability, for example, they had been removed from their parents because of neglect, and placed in care.
The trauma can be further influenced by the sense of betrayal, the sense of being disbelieved and/or belittled and the lack of accountability. Further, if there is a lack of support following disclosure of the CSA, this too can compound the trauma that has been sustained or developed.
It is noteworthy that trauma was a key theme for the Royal Commission into Institutional Responses to Child Sexual Abuse. It recognised trauma as a major impact of CSA. We discuss with Dr Salter how this reflected in the Royal Commission’s work, for example, in “bearing witness” to what it was hearing from survivors. This was a feature interestingly of the United Kingdom Child Sex Abuse People's Tribunal (UKCSAPT). It is understood from trauma research that when victims are listened to and not just heard and their experiences considered, there can be a lessening of their symptoms.
We also discuss the understanding and promotion of a trauma informed culture which we believe engenders a holistic approach to survivor needs and issues.
In this podcast we are joined by Associate Professor of Criminology at The University of New South Wales, Michael Salter, to discuss sexual violence in GBQ relationships.
In recent podcasts we have discussed the issue of consent, and decided to revisit this because we thought it would be interesting and useful to explore this in the context of GBQ relationships.
Research has highlighted that consent, or rather the lack of it, can lie behind intimate partner violence and sexual assault.
Those who participated in the research, openly in many cases, revealed that in relationships they had been subjected to unwanted or non-consensual sexual acts on the part of their partner, for example, against a backdrop of substance or alcohol misuse. Sometimes violence is used or threatened and examples were also given of blackmail. Coercion through a threat of “outing”, or the use of controlling behaviour was also identified.
Some of those who took part in the research thought that some of these behaviours might be acceptable in some situations, which begs concerning questions in relation to insight and informed consent.
The research revealed that some who had experienced sexual violence considered that was a degree of normality, which might possibly arise from the understanding that for many, violence and coercion was common. Conversely there was a widespread understanding that violence was unacceptable and illegal.
The research suggests that there needs to be a far more open discussion about respectful relationships and consent. This of course applies to society as whole but in the GBQ context there is clearly an openness to explore and understand very personal issues and needs, which in fact go far beyond the individual.
Listeners and readers in Australia may obtain further information concerning access to advice and support at the following: www.sayitoutloud.org.au/
In this podcast we are joined by Associate Professor of Criminology at The University of New South Wales, Michael Salter, to discuss the concept of false memory syndrome. In the field of Child Sexual Abuse (CSA) it has waxed and waned and is now possibly completely discredited. In CSA litigation or prosecutions it is sometimes alleged that the victim (survivor) cannot possibly remember events from their childhood, or what they are alleging is just fanciful and possibly no more than a figment of their imagination. To put it in simple terms, the victim is told that their memory is at fault. We all know from our own experiences how “good” our memory is. Sometimes we can remember certain events and happenings but not others, for example, forgetting where we put the car keys. But when it comes to CSA, can victims really get it wrong with their recall of something so serious? Research suggests that CSA survivors are usually good historians when it comes to their abusive experiences. The Royal Commission into Institutional Responses to Child Sexual Abuse commissioned research on memory, and this identified a number of misconceptions that people hold about how memory works, and what memories are reliable. It reported that misconceptions about memory include that memory will be complete, unchanging and “photographic”. There are also misconceptions about the accuracy of people’s memory. Wrong assumptions may be made about a connection between accuracy of a memory and consistency of accounts given by a witness, where inconsistencies or gaps may be assumed to demonstrate inaccuracy in the witness’s accounts as a whole. The research finds there were misconceptions about the display of emotion while giving evidence being an indicator of accuracy of the memory retrieved. The research also found that traumatic events resulting in greater durability of memory is another misconception, as is expectations about children’s ability to recall temporal details, such as when an event occurred or how often it occurred. A witness recalling additional information over time as they give further accounts of the event may be mistakenly considered with suspicion or as an indication of unreliability. When it came to the concept of false memory the research found interestingly that in certain cases, adolescents and adults may in fact be more suggestible than most children. The research detailed the history of psychological research on suggestibility and false memories, and the ‘memory wars’ between treating clinicians and experimental psychologists. These issues were set in perspective by findings that susceptibility to post-event misinformation is limited to minor details, not core memories. Moreover, only a very small percentage of people recover memories of child sexual abuse in therapy. Contemporary research findings demonstrate that concerns about the prevalence of false memories of child sexual abuse appear to have been exaggerated. So where did the concept of false memory originate? We discuss the possible answers with Dr Salter, and in particular the natural revulsion on the part of most people when it comes to the notion that children can be sexually abused. Further, that the root possibly goes back to societal disbelief of women’s allegations of sexual violence, and that this has generated scepticism and the silencing of victims. The 21st century reality is that through successful and high profile prosecutions of child sex offenders and the work of inquiries such as that in Jersey and the Royal Commission societal awareness is now very different to say 20 years ago. The narrative has changed and this has put pay to the concept of false memory.
A British teenager convicted of falsely accusing 12 Israelis of gang-rape was permitted to leave Cyprus after having received a suspended sentence. The 19-year-old student had accused a number of Israeli football players of gang-rape. Following her retraction, the alleged abusers were permitted to fly home. The investigation into the claims was dropped, with the teenager being forced to spend a month in prison before being granted bail on the condition that she surrendered her passport. The circumstances of the case include video footage having been taken during the alleged rape. The case highlights the difficulties which bedevil evidential issues in rape cases and also, highlights the issue of consent. The Israelis claimed this was consensual and as such, a significant conflict in the evidence arose. There is a large contingent of supporters of the victim who say she was let down by the Cypriot justice system. It is not for us to say who is right and who is wrong. What is certain is that this case demonstrates how evidential issues and a weight of opposing evidence might well dissuade a victim from reporting the abuse. The justice system demands the offence be proved “beyond reasonable doubt”, which is a high bar. When the alleged crime occurred behind closed doors, which is commonly the case, it is very difficult to obtain a conviction. The statistics in the UK as to how many rape cases are dropped before trial highlights this issue. This case also raises the issue of consent. It is right to note that the victim says she did not consent, whilst those accused say it was consensual. It is also right to note that the circumstances, in our view, make this defence of consent highly questionable. Consent is a very nuanced concept, a person may consent to some acts and not others. Notably it is right to ask – did the victim consent to the video being taken? If this was done without her knowledge, this alone is a valid complaint. In other podcasts we have noted that if someone consents to vaginal, anal or oral penetration only if they agree by choice to that penetration and has the freedom and capacity to make that choice. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time the activity occurs. In investigating the suspect, it must be established what steps, if any, the suspect took to obtain the complainant’s consent and the prosecution must prove that the suspect did not have a reasonable belief that the complainant was consenting. This case brings that issue starkly into focus. Today we will discuss this case, and these concepts generally.
The vast majority of us have hailed a taxi to get from “A to B”. It is an aspect of modern life with which we are familiar and never really give much thought to perhaps, until now. There have been a number of very high profile media reports concerning sexual assaults in the back of cabs. There is of course the notorious “black cab” case of John Worboys who drugged and raped his passengers and is now serving a life sentence for his numerous crimes. We now have Uber which revolutionised “hailing a cab”, revealing that in the USA it received almost 6,000 reports of sexual assault in 2017 and 2018. While the number of cases rose in 2018, the rate of incidents dropped by 16%, as the number of journeys was higher. Passengers, as opposed to drivers, accounted for nearly half of those accused of sexual assault. The data was published in a report which Uber said showed its commitment to "improving safety for Uber and the entire industry". Uber is facing growing scrutiny around the world, and recently lost its licence to operate in London. The report showed 5,981 sexual assault incidents were reported out of the 2.3bn US trips over the two-year period. Uber claimed 99.9% of the total journeys were concluded without safety issues. The report makes fascinating reading, but for our podcast we want to explore the question of liability when in those cases things go terribly wrong and a passenger is sexually assaulted. Many “cabbies” are self-employed, but many are not and work for an employer, or are “contracted”. If a driver sexually assaults a passenger they are of course both criminally liable but also liable to pay compensation for having committed the tort of assault. If the driver is working for an employer then this may be a case of vicarious liability. The doctrine of vicarious liability applies to make employers responsible for the harm caused by employees committed during the course of their employment, provided there is a close connection between their job and the wrong complained of. For example a school or education authority is likely to be vicariously liable for a sexual assault committed by a teacher on their pupil. If an employed “cabbie” sexually assaulted a passenger the employer may be vicariously liable. Each and every case is unique and the facts in each are determinative of liability, but as a general principle the argument would be that it was the driver’s task to take the passenger to their destination and to do so safely. If the driver was not employed in a general sense but was “freelance” or contracted in some way there could be still be a vicarious liability situation and arguably so if the contractor was in effect giving instructions and determining how they went about their business. Similarly there may be liability if the driver was the agent. A principal is normally liable for all acts of an agent within the agent’s authority, whether responsibility arises in contract or in tort. Authority means the agent’s actual, apparent (ostensible) or usual (customary) authority. This can be contentious because the argument would be that the driver was not authorised to assault his passengers, but then a teacher is not permitted to assault the pupils, and so the court examines the nature of the relationship between employer and employee to see if there is that close connection. This is back to the vicarious liability test.
The issue of consent can be a live issue in sexual abuse cases. It becomes an issue when the defendant or alleged abuser, if you prefer, admits to having sexual activity with his/her victim, or as they say willing partner, and that what took place was consensual. In the recent case of Reynhard Sinaga who is thought to be the UK's most prolific rapist ever, it became clear that for several years, until he was caught in 2017, he preyed on young men who had been enjoying a night out. Reynhard Sinaga, a 36-year-old postgraduate student, had made his home in Manchester for more than seven years. He has been sentenced to life imprisonment following a trial at Manchester Crown Court. Sinaga, originally from Indonesia, was a perpetual student. He already had four degrees and was studying for a doctorate. By night, however, he was a serial sex offender. He has been found guilty of drugging, raping and sexually assaulting 48 men, but police believe there are among at least 190 victims. They are able to be so precise about these numbers because Sinaga filmed his attacks and collected what detectives call "trophies" - items or information stolen from his victims. Sinaga typically approached his victims in the street. His targets were men mostly in their late teens or early 20s who had been out drinking, often in the nearby nightclubs. Some were on their way home; others had become separated from friends. Many were too drunk to remember their conversation with Sinaga, but for those who did there was no indication of a sexual motive. Sinaga used various pretexts to entice each to his flat. Some victims could recall being provided with a drink and then blacking out having been drugged. The judge said she was sure that Sinaga had used a form of date rape drug such as GHB (gammahydroxybutyrate). GHB is a class C drug and anyone found in possession of it can be imprisoned for up to two years. Sinaga drugged his victims before assaulting them while they were unconscious. When the victims woke up many of them had no memory of what had happened. He denied the charges, and claimed all the sexual activity was consensual and that each man had agreed to being filmed while pretending to be asleep - a defence described by the judge as "ludicrous". Followers of the television soap Coronation Street will be familiar with the current storyline of David Platt who was raped by Josh Tucker. Viewers are watching Josh’s trial develop with the defence based on consent. What is consent? Consent is defined by section 74 Sexual Offences Act 2003. Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs. In investigating the suspect, it must be established what steps, if any, the suspect took to obtain the complainant’s consent and the prosecution must prove that the suspect did not have a reasonable belief that the complainant was consenting. Recent high profile cases concerning football and rugby players have highlighted how difficult it can be to prove that the suspect(s) did not have a reasonable belief that the complainant was consenting. The issue of consent can remain live even if in the wake of a criminal conviction the complainant seeks compensation either from his/her abuser or those responsible for him/her for example an employer. The defence that is argued is that the criminal components of the crime had been committed, for example by a teacher having sexual activity with a student over the age of 16 (the criminal age of consent) but he/she was old enough or mature enough to give full consent. Similarly, in the case of a child under 16 who was sexually assaulted, the defence might be run tha
This is a frequently asked question and the answer is always fact specific, and so we will outline some scenarios that help define the general principles behind the answer. Sexual abuse is not just a crime but also a civil wrong that enables the victim or survivor to bring a claim for compensation against the abuser. The law is that if you assault someone then you are liable to pay them compensation also known as damages. The victim can take legal proceedings in the civil courts against the perpetrator and if they win the case the judge will order that compensation be paid. To state the obvious, for this to happen, the abuser has to be alive. You cannot take a dead person to court. You cannot sue a dead person. However, if the abuser has died relatively recently then the victim could take the abuser’s estate to court. The claim would be brought against the estate which means the personal representatives. If, however, the estate has been wound-up then it would be too late. Again to state the obvious if the assets of the estate have been distributed then it’s too late. Therefore a victim needs to act speedily in the event of the abuser dying. Bear in mind though the estate may not accept the claim. If the limitation period has expired the estate has a potential defence to any claim. The Limitation Act 1980 provides that a claim for compensation is meant to be brought before a court within 3 years of the sexual abuse having happened. That period in the case of a child victim would have commenced on their eighteenth birthday. A court has a discretion to waive the limitation bar, provided it's fair to do so and the reason for the delay in coming forward is reasonable. The answer to the question will depend very much on the facts and circumstances, but survivors should not delay in pursuing a claim. Every day that passes carries the risk that it will be too late. Some survivors may look to those legally responsible for the abuser, for example an employer. If the abuser has died the former employer again may rely on the limitation defence. The argument will be that a fair trial is no longer possible given that the abuser or alleged abuser is dead. If, however, there is evidence that proves the sexual abuse regardless and/or there had been successful criminal proceedings then arguably the fact that the abuser (or alleged abuser) is dead is not so significant. To conclude the answer to the question is very fact sensitive. There are considerable obstacles to pursuing a successful case if the abuser is dead but much will depend on the circumstances.
In this episode of the HJ Talks About Abuse podcast, Alan Collins and Sam Barker discuss the topic of abuse in the medical profession. This is highly topical at the moment with the case of GP Manish Shah being in the news recently. The London based GP sexually assaulted 23 female patients by performing unnecessary examinations for his own sexual gratification under the guise of cancer screening. One of the main issues in this case is the breach of trust between doctor and patient. When you visit a medical professional, they have spent years obtaining specialist knowledge to help them provide the right diagnosis and treatment. The patient must place a profound amount of trust that the professional will have their best interests in mind. Alan and Sam look into the Manish Shah case in more detail and discuss the issues that are brought to light by similar cases. For more information about abuse in the medical profession or to suggest a topic for a future episode, email aboutabuse@hjtalks.co.uk
We have covered in previous podcasts the prevalence of online sexual abuse. We make no apologies for returning to this unpleasant subject which has been in the news again. A paedophile couple who filmed themselves sexually abusing children, including a baby, have been jailed for a total of 21 years. Mark Gable, 33, was arrested after police officers found a video of him sexually assaulting a baby during a search of his home. A number of other images and videos were discovered which also showed Gable, sexually assaulting children. Through their investigations, the police discovered that Gable’s girlfriend, Jessica Fry, had filmed the initial video as well as a number of the other images and videos. There is tragically a trade in the sharing and publication of images and videos showing children being abused. No doubt money as well as the sexual interest in children are motivators. Understandably all right minded people are appalled by such behaviour, but there is a general lack of awareness as to the law and how it can easily be broken. BBC Radio 4 recently broadcast “The Boy in the Video”, produced and presented by Lucy Proctor. The story starts with an everyday event - a WhatsApp message to a group set up by mums at the school gates to discuss missing jumpers and school trips. But this message contains a video of a little boy being sexually abused. And one of the group members happens to be a BBC radio producer. So begins an investigation into the dark world of child sexual exploitation as Lucy tries to find out what happened to the boy. Has he been rescued? Is his abuser in jail? Along the way Lucy meets the police trying to combat the online proliferation of images and videos of children being abused - millions are in circulation, shared on social media platforms as if they are funny cat memes. She asks what we should do about the 450 men arrested every month for viewing and sharing this material? At the moment, end-to-end encryption means WhatsApp is a safe haven for offenders - but are the tech firms doing enough? In the programme Alan Collins – partner at Hugh James explains that there is a lack of understanding, and people can easily not appreciate that “private” images may not remain that way. It should also be stressed that “online” abuse is not victim free. We have suggested that the law needs to be beefed-up to reflect the reality that someone at home viewing a child being abused is just as guilty as the person in the room committing the physical aspect of the abuse.
In a recent podcast we discussed the Jeffrey Epstein case and in particular, how in our experience of representing survivors we find time and time again, how child sex abusers groomed not just their victims but those around them. It has been suggested in the media recently that Prince Andrew was used by Epstein as “bait”. We have no knowledge either way as to whether this is right or wrong, but it’s interesting that the term was used, because it dovetails with our experience. Survivors and those close to the abuser frequently complain of being manipulated. Grooming is common currency in Child Sexual Abuse cases with the abuser constructing what can only be described as a “relationship” in order to create the opportunity to sexually abuse the victim. The trust of those in the vicinity is also sought to gain access, and to inhibit the victim from complaining. The manipulation does not stop when the sexual abuse ends. Survivors often recount how it continues to prevent them reporting. The abuser is often in a position of power or has some kind of control over their victim for example teacher and pupil, priest and worshipper etc. The manipulation can continue post reporting of the sexual abuse to the authorities. The abuser may deny the allegations, and make counter-allegations designed to discredit the survivor. The effect of this cannot be under-estimated. It is interesting that the Harvey Weinstein case, and the reports that there may be an out-of-court settlement, has given rise to claims that his alleged victims are being manipulated. This gives an insight as to the powerful dynamics at play when there are legal proceedings underway and also, when there is the prospect of a settlement. For many a survivor, bringing a civil claim for compensation is empowering and cathartic, but we need to alive to the fact that for some when a defendant makes an offer to settle it can be seen as another attempt to control. Survivors understandably can be very sensitive to any suggestion or attempt to control them. For our part in representing them we make the point that they are in control of their situation and that nobody is going to order them to do anything against their will. It is absolutely vital in our experience for survivors to be represented by experienced and specialist lawyers when bringing a civil claim against their abuser or those responsible for the sexual abuse suffered.
The answer as far as we are concerned is No! The reason why this question features in our latest podcast is because it was said at the recent IICSA hearing into accountability and reparation. IICSA was and is looking further into redress for child sexual abuse (CSA) survivors. Evidence has been given that suggests the existing justice systems are not working effectively for survivors. Many are unable to claim compensation, and where it cannot be awarded, often is not. There are powerful arguments to say that much needs to change, but it is not clear how and whether the lot of survivors can be improved. The civil justice system has come under scrutiny and that will be the subject of a further podcast, but for the moment let’s look at what happens when a survivor approaches us for the first time. We try to provide a holistic approach in the sense that we point out that the survivor is in charge of the discussion, and no one is ever going to make them do anything that they do not want to do. We recognise that survivors in other settings, perhaps, feel compelled or obliged to do as they asked. We try to engineer a sense that they feel no compulsion to do anything, and to do nothing is fine. We consider it vital to allow the survivor to tell us whatever they feel necessary. Yes we may ask questions to clarify or to understand what we might have heard. If asked we can advise as to the legal options that might be available. We might signpost the survivor to the police, or elsewhere for services that they might need. This is the opposite of telling survivors what to do. It is not our place to tell them. It is our place to advise and inform, and to represent if that is what they want. We have to be frank when advising. If legal action is appropriate we have to advise that and explain what is involved. If legal action is not possible we have to explain that too. We have to do this so that survivors can make informed decisions and it’s about empowering and not telling them what to do. That is an important and fundamental difference. It is clear from the IICSA hearings that there is a major information deficit for survivors who by and large are not being informed of their civil rights by those who are in a position to do so. Survivors are too often dependent on those who ought to know but do not, and that just exacerbates the problem. This is a cause that we are trying to pursue with parliamentarians who we consider have a particular responsibility to make sure that the laws that have been passed to assist with redress are observed and enforced.
The recent BBC interview with Prince Andrew about his relationship with US financier and convicted sex offender Jeffrey Epstein attracted to put it neutrally, some controversy. The interview was unprecedented and the prince explained his “friendship” with Epstein which has come under considerable scrutiny since the American killed himself in August while awaiting trial on sex trafficking charges. Prince Andrew said it was wrong of him to visit and stay at Epstein's house in 2010 after the financier's conviction but that he did not regret their entire friendship. He also categorically denied any allegations of wrong doing on his part. In this podcast we are not going to comment on the allegations or pass judgement but what we are going to do instead is talk about relationships, and that is those that are shared with sex offenders. Before doing so we will recap a little on Epstein to provide context. Allegations against Jeffrey Epstein started surfacing in 2005 when the parents of a 14-year-old girl told police in Florida that Epstein had molested their daughter at his Palm Beach home. He was accused of paying girls under the age of 18 to perform sex acts at his Manhattan and Florida mansions between 2002 and 2005. It transpired that a controversial secret plea deal in 2008 saw him plead guilty to a lesser charge of soliciting a minor for prostitution. He received an 18-month prison sentence and was released on probation after 13 months. In July 2019 he was charged in New York with further allegations of sex trafficking and conspiracy and was due to face trial next year. He pleaded not guilty to all the charges but was facing up to 45 years in prison if convicted. In his interview Prince Andrew explained his friendship with Epstein and how and why it continued post-conviction and this has led us to choose to explore the issue of relationships with sex offenders. Most victims of sexual abuse know their abuser. It’s an uncomfortable fact of life that sexual abuse frequently occurs within the familiarity of a relationship no matter how damaged that might be: the father who sexually abuses his daughter, the uncle who abuses his nephew and so on. Relationships provide a misplaced sense of normality. Survivors will say that they thought the abuse was “normal” because they knew no different. There may have been grooming too on the part of the abuser to manipulate the relationship. The abuser exerts considerable power not just over their victim(s) but those around them who can also be groomed. We have seen many a case where the survivor has explained that family members turned a blind-eye to what was happening, or were themselves in the thrall of the abuser. There has been many a case where the abuser was considered to be a model citizen – the “pillar of the community” but this was just a sophisticated disguise that took in those close to him/her, enabling them to abuse. There have been many high profile cases of late where the abusers were committing child sexual abuse in plain sight but those around him allowed this to happen by closing not just their eyes so to speak but their minds too. In summary we can learn what we want from the Prince Andrew interview but we suggest that it gives pause for thought, because it provides an opportunity to understand how child sex offenders operate, and how in particular they use innocent people (the wise as well as the unwise) to achieve their perverted desires.
The IICSA Roman Catholic Church investigation has recently concluded. IICSA was examining safeguarding in the Roman Catholic Church and the interwoven issue of mandatory reporting. The last day of the hearing (8th November 2019) was concerned with the hearing of submissions by the lawyers representing the various parties. I was concerned to make the point that there was a moral and legal obligation on the Roman Catholic Church to accept what needed to be done to ensure that there was adequate safeguarding so that children and young people would be safe. I quote in part the submission I made: Over the course of the last few days, we have heard much about cardinals, bishops, dioceses, conferences, commissions, priests, and I have to say, or I have to confess, that I do not pretend, even now, to fully understand how the Roman Catholic Church, in these many guises, actually functions, but it is abundantly clear that, when it comes to safeguarding, the levers of power are operated by a very small number of people. Maybe that helps to explain why the Roman Catholic Church has failed when it's come to safeguarding and continues to fail when it comes to safeguarding. Those failures arise from a failure of leadership which is the fruit of a dysfunctional culture. It is patently apparent that the Roman Catholic Church in this country is incapable of fulfilling its safeguarding obligations. Those safeguarding obligations can only be met when the culture is right and when there is the right leadership. It was very telling yesterday, I thought, towards the end of Cardinal Nichols' evidence, when he was asked about mandatory reporting and the seal of confession. He said, and I quote: "The history of the Catholic Church has a number of people who have been put to death in defence of the seal of confession. It might come to that." He went on, but for my purposes, we will leave it at that. That patently demonstrates that the Roman Catholic Church has hitched its star to a wagon where the primacy of the Roman Catholic Church and the interests of its priests are paramount at the expense of all else, and in this context, the interests of children, young people and survivors. I ask myself, what is leadership in the Roman Catholic Church? And I would like to repeat a quote, give a quote, from Cardinal Newman, who converted from the Anglican Church to the Roman Catholic Church in the mid 19th century, and he was appointed as a cardinal in 1879. He said this: "Among the obligations of a cardinal, I am pledged never to let my high dignity suffer in the eyes of men by fault of mine, never to forget what I have been made and whom I represent, and if there is a man who more requires the support of others in satisfying the duties for which he was not born and in making himself more than himself, surely it is I." That speaks of humility. It speaks of humility to me. That is my understanding. The leadership of the Roman Catholic Church needs to express humility because there can be no other way. If the Roman Catholic Church is to genuinely embrace safeguarding, given all the opportunities it has had so far -- with Nolan[i] and Cumberlege[ii] -- it has got to find a new way, and it is quite clear, I would submit, that it's incapable of doing it by itself. And so it is inevitable that there is going to have to be statutory intervention. A regulator or a commissioner is going to have to be appointed by parliament to ensure that the Roman Catholic Church meets the most minimum standards of when it comes to safeguarding. How those various orders and dioceses and various bodies come to terms with that will be of their choosing, but if they are to have a future, a future that enables them to work with children and to have a future, then they are going to have to embrace those minimum standards, and maybe, from what you have heard, you may be of the opinion that maybe there is a chance there, but that chance will never flourish unless the Roman Catholic Church conf
Our latest HJ Talks About Abuse podcast is on the topic of 'empathy'. We have chosen this as a subject because we were asked by one of our listeners to explain how we manage our emotions when dealing with Child Sexual Abuse cases. The question is apt because empathy or perhaps the lack of it was explored at the recent IICSA hearing in to the Roman Catholic Church. Baroness Hollins when she gave evidence to IICSA said, in relation to church leaders in the Roman Catholic Church: "I think my perspective is that people understand the need for procedures and policies, but at a cognitive level. There is a sort of cognitive empathy, but not an emotional empathy. It's the failure to actually understand at a deeper level what the...why this really matters. I believe that we can teach empathy. "I believe empathy can be taught. But if it hasn't been taught, and if...and not everybody develops empathy naturally. If people have grown up in a particularly empathetic family, maybe they will have more emotional connectivity and more emotional understanding. But my sense is that some people didn't get it at an emotional level, and that doesn't mean they didn't get it at a legalistic perspective." As lawyers we have to be professional and strive to the highest of standards, but we are human! We can only be taught so much, and we have to find our own way in developing the skills we need to relate to people, and not just clients. We can watch and learn and see how others deal with unfamiliar situations and conversations. Turing to Child Sexual Abuse it is needless to say not an easy subject to discuss, let alone raise in conversation, but through experience we have hopefully learnt enough to do so. We have to remain emotionally detached. That might sound cold but we have to be in order to be objective. Clients such as Child Sexual Abuse survivors come to us not for sympathy, but for advice and representation. We cannot deliver if we lack objectivity and so we have to remain emotionally uninvolved, but we can and should have empathy. Empathy is not sympathy. Empathy is the ability to understand and share the feelings of another or to put it another way, standing in the shoes of another, whereas sympathy is feeling sorrow or pity. The practical difference as practitioners is to try and see matters from the client’s perspective as opposed to saying “I understand what you are going through” which unless you have gone through their experience it is impossible. To provide objective advice and representation we have to be conscious of that distinction. Can empathy be taught? On the basis of experience and training then yes, and with it that ability not to get caught up emotionally in the clients’ cases. Of equal importance is to recognise it is a privilege to represent survivors and to listen to their accounts which very often have not been shared before. Likewise we have the unique opportunity of witnessing how a survivor very often has been able to overcome the adversities of life inflicted upon them as result of the abuse, and that in a way can be humbling. This in its own way gives us a sense of perspective and assists in helping us to remain objective. As for empathy in the Roman Catholic Church leadership we will discuss that some more in a future podcast.
This week the Abuse team at Hugh James discusses the All-Party Parliamentary Groups (APPG): Hearings into “positions of trust” in faith settings. The APPG is investigating whether the definition of “positions of trust” in the Sexual Offences Act 2003 ought to be amended to include faith settings. Currently, this “positions of trust” covers educational, youth justice and medical settings. This is effectively to ensure, for example, a teacher who is 30 is not permitted to engage in a sex act with a student who is 17, despite that student being over the age of consent, which is 16. This is because the nature of the relationship renders what is ostensibly consensual, non-consensual. The reasons for this are many, but mainly because of the undue influence, power imbalance and vulnerabilities which surround the child in the context of the relationship. It does not currently include within that definition faith settings. As such, a priest who is 40 could have a sexual relationship with a child member of the church who is 17 and this would be legal. Hugh James were asked to speak to the APPG on behalf of the Ex-Jehovah’s Witnesses Advocates Opposing Crimes Against Children (the “Group”), as Sam Barker of the Hugh James abuse team represents the Group at the Independent Inquiry into Child Sexual Abuse’s upcoming hearings into safeguarding in faith settings. It is the view of the Group that Jehovah’s Witnesses as a religion demonstrates perfectly why the law needs to change given the significant trust and power placed in adult male members of the faith, such that one of those members engaging in a sex act with a child in the congregation ought to be illegal. However, the Group submits this is relevant to all religions. The Group submitted that: The Jehovah’s Witnesses as a religious institution clothes men in official positions (such as a circuit overseer, elder or ministerial servant) with profound trust, power and authority as it is consistently conveyed that their appointments are approved by God’s Holy Spirit; The Jehovah’s Witnesses literature, which is frequently read at meetings, studied and said to be “spiritual food” from God, requires members to obey elders unquestionably and be submissive to them even when they act in error; The elders and to a lesser extent, ministerial servants, play a crucial role within a congregation which goes directly to the care, supervision, instruction and training of children within the congregation, whether that is through mentoring, spiritual guidance, evangelising, religious instruction and teaching through Bible study and meetings, spiritual investigations and/or judicial committee hearings; The significant power placed in elders within a congregation consequently has the effect of placing those men to whom the elders designate roles, duties and/or administrative functions with the same power, trust and authority; The role of adult men within the Jehovah’s Witnesses is absolutely paramount to the role of women and children and it is ingrained, particularly in children, to respect and obey adult men within the congregation (even if that person is not an elder or ministerial servant); The Jehovah’s Witnesses literature encourages all adults to take an active part in the mentoring of children in the teachings of the religion and the same literature encourages the children to trust the adult and they will benefit from this mentoring; and The roles allocated to elders and ministerial servants and indirectly allocated to other senior members of the Jehovah’s Witnesses in respect of children engage the same trust relationship which involves an imbalance of power, vulnerability and susceptibility to harm as those which are already covered by the Part 1 of the Sexual Offences Act 2003 but are not criminalised in the context of faith settings. Overall, this change would put the UK in line with other common law jurisdictions like Australia, where this conduct is criminalised. In Victoria, faith setti
The All-Party Parliamentary Group Adult Survivors of Childhood Sexual Abuse works to highlight the needs of survivors across the country, and to give a voice to their concerns in Parliament. They published a report earlier this year: Can adult survivors of childhood sexual abuse access justice and support? Part One: Achieving quality information and support for survivors, can be found here: https://static1.squarespace.com/static/5c8faf788d97401af928638c/t/5cd05b45eb3931052c31b479/1557158727790/Achieving+quality+information+and+support+for+survivors.pdf We were pleased to assist the APPG with its investigation, as we are concerned that survivors have to navigate a complex set of support systems to gain access to justice. Much of what is available is patchy and in our experience differs in quality. The system is very often hampered by a lack of knowledge, on the part of many whose task it is to advise survivors of their legal rights and entitlement to services. Survivors are entitled to be treated as equal citizens and not as a class apart, which again is a frequent refrain. It is also worrying that those who have the ability to make a difference seem to treat survivors of CSA as somehow “different”. This just entrenches the problem. This causes real difficulty for survivors because they miss out too often on quality advice and assistance that would enable them to access the services they need and could make a real difference to their lives for example, specialist therapy. We also see survivors not being told about their right to be compensated whether through criminal or legal proceedings. We are pleased to see that IICSA has recently recommended that this be put right. It is down to the Home office and Ministry of Justice to make sure that survivors are told of their rights to access justice, and that specialist help is available.
There are calls for child protection laws to be updated so that those in faith settings who are in a position of trust can be prosecuted if they sexually abuse young people aged 16/17, as they are considered to be a responsible person. Teachers for example are in a position of trust in relation to their pupils. It is a criminal offence if they abuse that position by having a “relationship “ with their pupil. Readers will be familiar with the soap story line in Emmerdale, where a teacher had a longstanding sexual “relationship “ with a pupil. The All-Party Parliamentary Group on Faith Settings has recently taken evidence on the issue and received submissions that those in positions of trust, for example elders, should be covered by the law too. Sam Barker, a solicitor in the Hugh James abuse team, made a submission in relation to Jehovah's Witnesses and argued that mandatory reporting is needed, otherwise the law may remain ineffectual. The APPG took evidence that sexual abuse of young people in faith settings was possibly under reported and possibly not fully understood. Therefore, law reform was pressing.
In the UK you cannot vote until you are 18, and you cannot get a tattoo either, but you can married…In this week's episode of the HJ Talks About Abuse podcast, Sam and I discuss Child Marriage. “Child marriage” which is defined internationally as marriage under 18 - remains legal in Britain. In England, Wales and Northern Ireland, teenagers can wed at 16 with parental consent. In Scotland, they do not need consent. The UN has said that governments around the world should make it illegal for children to get married. The age at which you can get married should be set at 18. The reason being is that children and young people are being exploited and sexually abused through sham, forced and “arranged” marriages. Nearly 2,000 young people in Britain, the vast majority of them girls, were wed before the age of 18 between 2010 and 2015, according to official data. Although the numbers are low, campaigners believe most are pressured into marriage by their families. If the minimum age was raised, girls would be more empowered to say no, and society would accept it as the norm. The impact of getting married young is similar wherever girls live. The consequences can be physical, psychological and practical. They are more likely to drop out of school and at a greater risk of marital rape, domestic abuse and health problems relating to teenage pregnancy. The minimum age of 16 was set in 1929 when living together or falling pregnant out of wedlock was socially unacceptable. But campaigners fear that the “parental consent” clause for under 18s has now become an “open door” to forced marriage. The APPG at Westminster will hopefully take this up with the UK government. Campaigners say it is time that Britain - which has been vocal about ending child marriage in developing countries - got its own laws in order. The UK could be breaching its international legal obligations for example, the Convention of the Rights of the Child. The UK parliament needs to decide how to define a child. Should it be as an individual under the age of 18, without exception? There is a powerful argument that the answer should be “yes”. It is important that children are recognised in the law as being children and that they are accorded the full protection of the law. Laws that set a minimum age of marriage are an important way to safeguard boys and girls from being married before they are ready. Setting the minimum age of marriage at 18 provides an objective rather than subjective standard of maturity, which safeguards a child from being married when they are not physically, mentally or emotionally ready. Why allow children to marry at an age when, for example, they do not have the right to vote or enter into other contracts recognised in law? The most widely accepted definition for a child is 18, in line with the Convention on the Rights of the Child. A minimum age of marriage of 18 will also help to ensure that children are able to give their free and full consent to marry and have the minimum level of maturity needed before marrying.
IICSA (Independent Inquiry Child Sexual Abuse) as part of its Accountability and Reparations investigation will be looking at redress schemes. Redress schemes are often seen as vehicles to deliver justice to victims outside the litigation process. They naturally as a consequence have an attraction, but might it be superficial? Justice of course can mean different things to different people. Usually the general components are: Compensation Recognition Apologies It will be interesting to see what IICSA has to make of redress schemes when they come under its spotlight. We know from our work with survivors that redress schemes can deliver justice when there is no alternative, perhaps, for complex legal reasons. We have experience of such schemes in a wide set of circumstances: State schemes such as those that operated in the Australian states The Historic Abuse redress scheme in Jersey The current Jersey Redress Scheme Lambeth Bespoke schemes in relation to offenders. The success or otherwise of such schemes is very much dependent on the small print. The devil is often in the detail. Navigating successfully can sometimes be fraught and what ought to be straightforward turns out not to be, and can be very testing not just for the applicant but their lawyer too. Redress schemes which might also be known in some contexts as compensation schemes can be found in non-sexual abuse arenas too. There is the Windrush Compensation Scheme which was set-up by the government in the wake of the scandal that erupted when it came to public notice that some of those who came to the UK to live from the Commonwealth were being wrongly deprived to live and work here. This primarily concerned those who were of the “Empire Windrush” generation and their descendants. Redress under the scheme could mean compensation for loss of employment, homelessness, detention etc. Applicants are encouraged to apply online. There is a right of review and there is no litigation. How effective from an applicant the process and outcome will be, remains to be seen. There is a risk and concern that they might be under-compensated in comparison with what a court might award in the event of successful litigation. There is also the miscarriages of justice scheme: MOJAS MOJAS is available to all those who were innocent but convicted of a crime. It is also open potentially for those victims of trafficking who would have had the benefit of protection under Article 26 ECAT. Victims and survivors should always remember that there are time limits with schemes. They should never sit on the fence, but apply or at the very least seek expert legal advice.
Cardinal Pell was convicted in the County Court of Victoria by a Jury for sexually assaulting two children in the sacristy. This was appealed to the Victorian Court of Appeal. There were three central grounds of appeal, two were legal and one based on the factual outcome. Those were: Pell was not arraigned “in the presence of” the Jury pool. The argument being that the accused ought to be able to enter their plea in front of the potential Jury. Given the size of the Jury, Pell entered the plea by video link. Pell’s defence team was not permitted to screen to the Jury a video animation of the alleged crimes, which Pell says would have shown he was unable to commit the crimes as alleged without someone witnessing it. The Jury’s verdict was so unreasonable that no reasonable juror would have arrived at that opinion on the basis of the evidence. Split decision of the Court of Appeal, with all three judges agreeing on the two points of law and two of the three finding the Jury verdict was not unreasonable, the third finding that it was unreasonable on the evidence. The unanimous opinion in relation to the first two points is not surprising – those are technicalities and do not result in a miscarriage of justice. The judges in fact found that playing the virtual representation would have in itself been extremely prejudicial to the prosecution and would mislead the Jury. The final point – whether the finding was open on the evidence, requires a very technical analysis of the evidence shown to the jury and the jury’s verdict. It is not a matter of retrying the facts of the case; it is a matter of analyzing whether the verdict was open to the jury on the facts. This is a very high bar because it is at first principle the jury which is required to be the arbiter of the facts – not the court. Therefore, a substantial miscarriage of justice would need to be shown to overturn the jury verdict. The Court of Appeal needed to assess this, along with an assessment of the complainant – is the complainant credible and reliable and the account detailed, consistent and plausible? If so, then it is difficult to justify overturning the jury’s verdict and this is indeed what transpired. Two of the three justices found the complainant a credible witness and so the verdict stands. So where to from now? Pell has one final avenue of appeal – to the Australian High Court, the highest court in Australia. In order to do this, Pell must obtain leave from the High Court to bring the appeal. Pell’s legal team will need to convince the High Court that: Whether the proceedings involve a question of law that is of public importance or in respect of which the High Court is to resolve differences of opinion between different courts or within the one court, as to the state of the law; and Whether the interests of or administration of justice require consideration by the High Court. As outlined at the start, two of the questions were those of law and the Court of Appeal judges agreed unanimously. It seems unlikely the High Court would consider these points of law – technicalities at that – are sufficiently important to the public to require consideration by the High Court. The third point – whether the jury verdict was unreasonable and not open on the evidence, is, as noted earlier, not a question of fact as the facts can’t be retried, but a question of whether, on an assessment of the evidence, the verdict was open to the jury and reasonable. It is difficult to see the High Court granting leave for a third consideration of the factual matrix. The importance of the jury assessing the evidence and returning a verdict in Australian criminal courts is enshrined in the constitution. This is why the bar is so high in overturning the verdict. The Court of Appeal then undertook the enormous task of itself analyzing the evidence and attending viewings of the same sacristy (the room in the church where the abuse was alleged to have been committed) the jur
In the latest episode of the HJ Talks About Abuse podcast we discuss the legal and ethical questions raised by the practice of male circumcision, and we do so against the backdrop of FGM – female genital mutilation which as a practice is illegal in the UK. First of all, we look at some definitions. Circumcision Male circumcision is the surgical removal of the foreskin (prepuce). Male circumcision is one of the oldest known surgical procedures and is traditionally undertaken as a mark of cultural identity or religious importance, or for perceived health benefits such as improved hygiene or reduced risk of infection. It is almost universally practised among Muslims and Jews, the religious justification for Jews coming from Genesis 17, which states that circumcision is a covenant with God and that all boys should be circumcised on their eighth day. Some of Australia’s Indigenous communities have performed circumcision from time immemorial. It can be an important initiatory rite. It also has significance as a community or family tradition for many individuals. A boy’s circumcision can be a highly valued part of their identity.[i] Circumcision continues to be a significant part of the social and cultural identity of some communities. A man’s circumcision status can significantly influence his social standing and affect eligibility for marriage, employment and friendship. It can determine the standing of a man within his family. It can also affect their right to participate in social and business matters. Circumcision has a role in the initiation of boys into the rights and responsibilities of manhood in some communities. Circumcision can also be a part of a larger ritual. For example, community elders sometimes teach sacred lessons, stories, songs, and dances to boys undergoing a rite of passage circumcision ritual. Female Genital Mutilation (FGM) Female genital mutilation (often referred to as “FGM”), and sometimes as female circumcision, is a collective term used for a range of practices involving the removal or alteration of parts of healthy female genitalia for non-therapeutic reasons. Different degrees of mutilation is practised by a variety of cultural groups in the UK. The two most common forms of mutilation are excision and clitoridectomy. Circumcision involves the removal of the hood of the clitoris, with the body of the clitoris left intact, although this term is often euphemistically used to cover a range of forms of mutilation. Excision involves total or partial removal of the prepuce, clitoris and/or labia minora. Infibulation is the total amputation of all of the external genitalia together with the stitching together of the remainder of the labia majora leaving only a matchstick-sized opening for the passage of urine and of menstrual blood. Other mutilations include pricking, piercing or stretching of the clitoris and/or labia, cauterisation by burning of the clitoris and surrounding tissues, scraping of the vaginal orifice or cutting of the vagina, and introduction of corrosive substances into the vagina to cause bleeding or herbs into the vagina with the aim of tightening or narrowing it. The age at which such procedures are carried out varies from a few days old to just before marriage.[ii] All forms are mutilating and carry serious health risks yet the number of girls and women worldwide who have undergone genital mutilation is estimated at between 100 and 140 million, with 3 million young girls undergoing it each year.[iii] The reasons given to justify female genital mutilation are numerous but generally relate to tradition, power inequalities and the ensuing compliance of girls and women to the dictates of their communities. In sociological studies, WHO reports that the following reasons have been given for female genital mutilation: custom and tradition; religious demand; purification; family honour; hygiene (cleanliness); aesthetic reasons; protection of virginity and prevention of promiscuity; increasing se
In recent weeks we have seen three devastating news stories documenting the sexual abuse of children in an environment where they ought to flourish – school. In Essex, former freelance teacher Kenneth Francis was found guilty of 15 counts of indecent assault and two counts of gross indecency committed while he was a teacher at Widford Lodge Boarding School in Chelmsford, Essex, in the 1970s. In Portsmouth, Sean Aldridge, 37, a former teacher at Warblington School in Havant, Hampshire, was found guilty of 24 counts of sexual activity with a child. Rather unbelievably, Mr Aldridge was the school’s safeguarding lead. During the three-week trial, Portsmouth Crown Court heard that Aldridge, from Southsea, targeted four girls aged 13 to 16 between 2006 and 2012 on school premises and in his car. In Burnley, Father Michael Higginbottom, the school priest at St Joseph's College, in Lancashire was jailed for 18 years for sexually abusing two boarders in the 1970s and 1980s. There is a common theme amongst the words stated by the sentencing judge in all the cases – the abuse of trust was of the highest degree. This is, of course, unsurprising. The very idea of a teacher or a school priest using their position of trust, power and authority to sexually abuse students in their care pierces the very foundation of schooling – an expectation the student will be educated in a safe and beneficial environment. When parents drop off their children at the school gate they are placing in the school a special degree of trust, they expect the teachers will step into their shoes and care for their children. In doing so, the parents are at a distinct vulnerability and disadvantage as they are not on the school grounds during the day. Similarly, the students are in a position of vulnerability. They are taught to defer to authority within the school, which manifests itself in the teaching staff. Their teachers are the ultimate authority in the classroom. It is, of course, unsurprising that many survivors report being threatened by the teacher with punishment, disbelief or violence after the abuse and those threats were taken seriously thereby securing the student’s silence. This conduct is obviously criminal and the abusers in the above cases have thankfully received lengthy sentences. But many survivors are left wondering after the criminal case – who is liable to pay for the damage I have suffered? In this circumstance, the law is fairly clear – it is the school or the local education authority. The law in relation to education has developed over the years to the point where it can be said rather definitively that a school owes a student a “non-delegable” duty of care which, if breached, gives rise to a claim in negligence and a school, as the employer, can be vicariously liable for sexual abuse committed by a teacher against a student. Of course, each case depends on its own set of facts. The first of those principles – a non-delegable duty of care, was confirmed in the Supreme Court case of Woodland v Swimming Teachers Association [2013] UKSC 66. In that case a student tragically suffered a brain injury during a swimming lesson which was part of the school curriculum. The lesson did not occur on the school premises and the swimming teacher and lifeguard were both employed by an independent contractor. Despite this, the school was found to be liable. In short, a non-delegable duty of care cannot be discharged by entrusting its performance to an independent contractor. The school must satisfy itself that reasonable care will be taken by the independent contractor in the performance of those duties and cannot escape liability by simply contracting out. Again, much of this is justified in a policy sense because of the particular vulnerability of children when in the care of the school. In the context of sexual abuse, the school would need to satisfy itself that proper checks are carried out to ensure the suitability of independent contra
In the HJ Talks About Abuse podcast, we often try to keep up with the news and in particular, developments in online sexual exploitation so our listeners are aware of what is out there in the ever-changing technological world. Recently we have seen a Northern Irish man face court in what is touted as the UK’s biggest “catfishing” child abuse investigation. The facts are, of course, bizarre and alarming. But first, what is catfishing and should you know about it? Catfishing is a type of deceptive activity where a person creates a “sock puppet” social networking presence, or fake identity on a social network account, usually targeting a specific victim for deception. Catfishing is often employed for romance scams on dating websites. Catfishing may be used for financial gain, to compromise a victim in some way, or simply as a form of trolling or wish fulfilment. This might not make the situation any clearer, so by way of example, we have noted the plot of the 2010 American (alleged) documentary Catfish which follows a young man, Nev, as he builds a romantic relationship with a young woman named Megan on Facebook. The relationship started when Megan’s young sister Abbey sent Nev a painting which showed talent far beyond her years. This led to Nev being in contact with all of the family including the mother, father and attractive older sister – Megan. The relationship blossoms online as Megan sends Nev art work and songs purportedly created by her, along with photos of herself. On later investigation Nev finds the songs were lifted from YouTube and other lies about the young sister’s art career come to be known. The film crew follow Nev to the family house where they meet Angela, the mother of both Megan and Abbey. Angela constructs a series of lies about her health and the family situation to avoid Nev meeting the remaining members of the family. In the end, it transpires that Angela is playing all of the characters in this fake Facebook life and Nev had been corresponding with the one person the entire time. Over the course of nine months there were over 1,500 messages exchanged. The documentary illustrated the concept of creating a fake online personality in an elaborate rouse to live out a fantasy life – now represented by the term catfishing. However, this term has now evolved to represent a range of online behaviour which can be both criminal and extremely dangerous to young people on social media. The case in Northern Ireland saw Alexander McCartney charged with possession, making and distributing indecent images of children as well as sexual activity with a child and intimidation to commit sexual activity with a child having occurred between May 2018 and July 2019. The prosecution said it is estimated that McCartney had more than 300 alleged victims, who he often contacted on social media. The court heard that McCartney would befriend a child by pretending to be someone else before asking them for an image. He would later write to the alleged victim telling them if they didn't do as he said, he would show the nude photographs for the entire world to see. The prosecution said that the children targeted, aged between 10 and 12 and mostly female, were "left in distressed states". The court also heard that McCartney had also been selling indecent images on a fraudulent account, through which he earned £700 in three weeks. This demonstrates a very real threat in social media – one often does not know exactly who is on the other end of the platform or communication device. In this podcast, we have addressed many concerning developments in the online world regarding social media and child sexual abuse. It is obvious that the sinister motives and ways in which those can be carried out are developing faster than law enforcement or the social media companies can to combat such crimes. So, what can be done? Unfortunately, in our view, the best immediate solution is education so children can manage the risks posed online wh
In recent months we have two very powerful sexual abuse storylines in the Soaps and we are now set for a third. Hot on the tail of Maya and Jacob in Emmerdale we have the ongoing story of Jim in the BBC’s The Archers. Jim is a “regular” and the father of veterinary surgeon Alistair, and they live with Jazzer. Following Jim’s unexpected departure from his “surprise” birthday tribute night, Ambridge residents speculated as to what could have caused Jim’s sudden attitude change. They saw him become withdrawn, hostile and unpredictable. On arrival at his party, he was confronted by the sight of his childhood abuser, who had been unwittingly invited. With his long-kept secret finally revealed, Jim now faces the painful challenge of coming to terms with his past, and it would seem that this is going to become increasingly difficult because unknown to him, Jazzer has reported matters to the police of his own volition. Victims (or survivors) are often effectively forced to disclose because the police have learnt of allegations from another source, maybe another victim, or a relative. Coronation Street has confirmed what is described as a harrowing historic sex abuse storyline for Gemma Winter's twin brother Paul, who viewers will discover has been abused by his stepdad Kel. Apparently, over the next few weeks, Kel will be reunited with Bernie and is brought back into their lives. While Gemma and Bernie are happy to have him back, Paul is clearly unnerved and struggles with him being around again. What Gemma and their mum don't know is that Paul was sexually abused by Kel when he was a young teenager and groomed into believing that they were in a consensual relationship But Paul's boyfriend Billy Mayhew later discovers what has happened to him and tries his best to help him see that he was being sexually abused. Viewers will watch as Paul struggles to come to terms with what has happened to him and later fight for justice. Whilst we take issue with the term “historic” this is another powerful storyline which explores the issue of disclosure and the coming to terms of sexual abuse. We see how family relationships influence the decisions that victims have to make when having to address the past. The stories also show how the wishes and attitudes of others can be very powerful and can conflict with the wishes of the victim. For example, in the case of Jim, he finds that his own wish to get on with life is not respected by Jazzer who reports matters to the police. Was and is Jazzer right to do this? He thinks he is, but the likelihood is that for better or worse Jim loses control of his future. It is very easy for others to impose, often with the best of motives, their own opinions as to what should happen following disclosure. In our experience, the victim should be placed in a situation where their opinion is the one that counts, and this is what should be respected. These cases albeit fictitious demonstrate how a holistic approach needs to be taken so that victims can be empowered to make decisions following disclosure of the sexual abuse.
The Government of Jersey has opened a new redress scheme for people who, as children, were abused or suffered harm between 9 May 1945 and 31 December 2005; while a resident in a Government of Jersey children’s home while in a Government of Jersey foster care placement while accommodated at Les Chênes secure residential unit. You may be entitled to compensation. The Schemes are in two parts:PART 1 Les Chênes Redress for people who, accommodated at Les Chênes secure residential unit, suffered due to the harsh regime and whose experiences at Les Chênes had a negative impact on their childhood. From 2003 Les Chênes secure residential unit was also known as Greenfields.PART 2 Children’s homes Redress for people who were sexually and/or physically abused while a full-time resident in a Government of Jersey children’s home or while in a Government of Jersey foster care placement. It is very important that you apply to the correct scheme. If in doubt obtain legal advice.The application form that has to be submitted is a document that requires care when completing. Detailed information concerning your time in care is required. Redress paymentsPART 1: Les Chênes The total amount of time you lived at Les Chênes will determine your payment. This will be based on the number of nights or weekends spent at Les Chênes. It will not include time you spent there during the school day, or any time when you were on the Les Chênes register but were staying at home or elsewhere. You may also receive an additional payment if, while you were living at Les Chênes, if you were subject to inappropriate and unlawful physical abuse. This could include manhandling by staff or treatment that constitutes physical abuse, but which did not result in significant injury or long term harm. You will be asked on your application form to provide details of the inappropriate physical treatment. Total time living at Les Chênes Redress payment Additional payment for inappropriate physical treatment 7 days or less £1,000 £500 Between 8 days and 50 days £2,500 £1,000 Between 51 and 100 days £4,000 £1,500 Between 101 days and 270 days £8,000 £2,500 Over 271 days £10,000 £4,000 PART 2: Children’s home and foster care Your redress payment will be determined after looking at the abuse you suffered and the harm it caused you.The amount will reflect the nature, severity and frequency of the abuse you suffered, and any physical and psychological injuries or long-term effects. Description Redress payment Physical abuse and/or sexual abuse: limited long term effects. Up to £11,500
Aggravated physical abuse with significant long term psychiatric/ psychological effects and/or aggravated sexual abuse
£11,500 to £23,000
Prolonged aggravated physical abuse with significant long term psychiatric/psychological effects and/or rape and/or sexual abuse involving penetration (with or without physical abuse)
£17,500 to £41,000 Rape and/or sexual abuse involving penetration (with or without physical abuse) with significant long term psychiatric/psychological effects £29,000 –£70,000 If you are making a Part 2 application you may also be awarded up to £3,000 to pay for therapeutic or medical treatment for the psychiatric or psychological effects of the abuse you suffered. We have summarised the main points of the two schemes. Please note there are exceptions to eligibility and therefore we again emphasise the need for expert legal advice. Full details are set out in the Redress Scheme’s terms and conditions which you can get from the Redress team or online at www.gov.je/redress You may be entitled to compensation. You should obtain expert legal advice. For the last three years we have represented many of Jersey’s abuse survivors and have advocated for the creation of a redress scheme for those detained at les Chenses.For more information about these issues, visit the Hugh James Sexual Abuse team and get in touch.
“Give us your phone or we’ll drop your case” is just one of the arguably sensationalist headlines that appeared in the media in the last couple of days in response to the news how police and prosecutors use information from the mobile phones of people who report rape or other sexual offences. This rightly or wrongly has caused some consternation and confusion. There have been by way of background two high profile rape cases which provide some context. There is the case of Liam Allan who faced being convicted of rape. Disclosure of text messages from his accuser suggested that the sexual offences she complained off were arguably consensual. The content of the messages painted a very different picture apparently to the one that she had given as part of the prosecution. There is the case of Alex Hepburn the ex-Worcestershire cricketer who has been convicted of rape. He had set-up a sexual contest “game” on WhatsApp which undoubtedly was of interest to the jury trying his case when considering his claim that his victim had consented to the sexual offence that he had subjected her to. The relevance of these two cases is two-fold: Consent Social media and electronic information used as evidence Looking at consent this is defined by section 74 Sexual Offences Act 2003. Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs. In investigating the suspect, it must be established what steps, if any, the suspect took to obtain the complainant’s consent and the prosecution must prove that the suspect did not have a reasonable belief that the complainant was consenting. The realities of modern life mean that many of us communicate, and some more than others, by means of text and other forms of communication. Inevitably such communications potentially become evidence viz evidence of guilt or innocence. The rape cases of Allan and Hepburn are good examples of where electronic communications in its widest sense have formed evidence that points to innocence or guilt. Concerns about access to private communications are understandable. It is readily understood why victims may find it intrusive and a further invasion of their privacy. It follows though that the contents of mobile phones, for example, may help convict abusers. Conversely, they may assist justice in disproving an allegation. The Crown Prosecution Service has advised that mobile phone data, or social media activity, will only be considered by the police when relevant to an individual case. The CPS has made it clear that for an investigation to proceed and be fair for both complainants and suspect, all reasonable lines of enquiry must be pursued. This is not new and the policy has not changed - mobile devices will not be needed in every case - but when they are, there is explicit guidance that only material relevant to a particular offence may be pursued, to minimise unnecessary intrusion. This applies to all offences and is not restricted to allegations of sexual offending. More detailed information and advice will be found on the CPS website at: cps.gov.uk The position as advised by the police and CPS should be welcome because it reflects modern life and the necessary steps to ensure that evidence is secured to assault in the conviction of sex offenders. The vast majority of offences are committed behind “closed doors” which mean there are inevitably no witnesses, and so the police and prosecution are dependent on medical evidence, and that lies in the form of electronic communications. For more information about these issues, visit the Hugh James Sexual Abuse team and get in touch.
The Hugh James abuse team is running a series of podcasts into sexual abuse in religious contexts, but rather than focus on those which are often reported in the media, we will discuss religions which are often overlooked. In this three-part series, we will look into Judaism, Islam, and Baptists. The prevalence of child sexual abuse in religious institutions has recently been highlighted by the Truth Project’s thematic report. In that report, Judaism and Islam represented only 1%, respectively, of the sample analyzed. But does this mean those religions have less of a problem with child sexual abuse than other religions? The results would suggest this is the case. However, a study conducted in the United States would suggest otherwise. Dr. David Rosmarin of Harvard and Dr. David Pelcovitz of Yeshiva University published a study entitled “childhood sexual abuse, mental health, and religion across the Jewish community” which posits the prevalence of any form of child sexual abuse was statistically equivalent to national rates (save for involuntary penetration of women, which was less). The study found that individuals who had left the Orthodox community are more than four times as likely to have been molested as children than the general population. Notably, in that context, a history of involuntary penetration was greater among formerly, but not presently, Orthodox Jews. This suggests those who leave the Orthodoxy possessed a higher likelihood of having experienced sexual abuse. The study concludes that childhood sexual abuse was found to occur across the spectrum of Jewish religious affiliation, with greater prevalence among formerly Orthodox individuals. As such, the results compiled by the Truth Project in this instance might well be misleading, inadvertently of course. It begs the question – is there underreporting of child sexual abuse in the Jewish community? To flesh out this issue, in our view it is relevant to focus on two things – a study produced by David Katzenstein of New York University and Lisa Fontes of the University of Massachusetts and a case study of an Australian Supreme Court case of Erlich v Leifer. To start with the article – the title might give you some indication as to its main thesis: Twice Silenced – The Underreporting of Child Sexual Abuse in Orthodox Jewish Communities. The article notes from the outset that CSA appears to be as prevalent in Orthodox Jewish communities as elsewhere. We would like to highlight what we believe is a very important point from the outset – the report states in the opening paragraphs that “where religious authorities do not follow their legal obligations to report CSA, those children who are isolated from institutions outside the religious community, such as when they are schooled either at home or in religious institutions, appear to be at special risk for continued abuse over time without intervention”. This is particularly relevant to religious institutions such as Jehovah’s Witnesses, which we hope the IICSA will shine a very bright light on in the upcoming hearings but also represents how this can lead to problems in religions with strict orthodoxy and a desire to be very closed in. Within the Jewish faith, like many, CSA is abhorred. Some Rabbis have understandably called CSA a “matter of life and death” because of its far-reaching harm. So why then, does it continue and why is there underreporting in respect of CSA in the Jewish community? Katzenstein and Fontes posit that the underreporting reflects both the systemic reasons for this in minority religions, and some reasons which are specific to Orthodox Judaism. For the former case, feelings of shame and self-blame and fear of disclosure lead to underreporting, and for the latter, the laws of Mesira and Loshon Hora for example, which is very specific to the Jewish community. Interestingly, an early scholar on this subject, referenced as Featherman in the report stated that “as a minority culture with
In this week's episode of HJ Talks About Abuse, we look at the important topic of online child sexual exploitation. This is a major issue that has come to light over recent years. We look at some cases that highlight the problem, how it is being dealt with currently and what can be done to improve the way we deal with the problem, not just at a national level, but internationally too. In May 2019, former army officer Andrew Whiddett was sentenced to 3 years and 2 months in prison for 6 child sex charges. The National Crime Agency has confirmed that Whiddett made 49 payments totalling £8,584 between January and July 2017 to set up and watch child abuse. Whiddett targeted Filipino children abroad and even proposed visiting the Philippines to abuse a child in person. As put by the NCA officer Gary Fennelly, "Whiddet thought he could get away with abusing Filipino children from the comfort of his own home" but this is not the case. The BBC has reported Whittet directed the live-streamed abuse over Skype with known child sex abuse facilitators. As a result, he pleaded guilty to arranging the commission of a child sex offence and attempting to cause or inciting a nine year old girl and another girl under the age of 16 in sexual activity. He was convicted in relation to other charges. This case represents a modern day form of sexual abuse which has become tragically all the more common in our society. The armchair pedophile is now able to use the internet to further their perverse sexual desires and ruin the lives of vulnerable children in disadvantaged countries and communities. Whilst the risk of travelling sex offenders, or “child sex tourists”, still exists and remains a serious risk to children abroad, the sad fact is with the use of the internet, the dark web and crafty cyber criminals, some of those sex offenders do not even need to leave their own homes to commit sexual abuse. In respect of child sex tourists who travel abroad to disadvantaged countries to offend against children, the abuse team at Hugh James appeared on behalf of Father Shay Cullen of PREDA, a charity helping children affected by sexual abuse in the Philippines, at the Independent Inquiry into Child Sexual Abuse and the hearing into the Protection of Children outside the UK. The thrust of Father Cullen’s submissions went to the prevention of this kind of sexual abuse abroad. The best way to do so in our view is investment into local prosecutions in the UK for offending which occurred abroad, which requires further budget to be allocated to the collection of evidence in those countries. Further, the confiscation of the passports of known child sex offenders to cut off their ability to travel to such countries from the outset. We hope the Inquiry will make meaningful recommendations to help in reducing this harm causes by child sex tourists. Today we will discuss this concerning issue of online abuse, the involvement our team has had in such work in the past and the potential civil liability which, in our view, should follow such conduct. To illustrate the seriousness of this problem, we note the following data collected by the Internet Watch Foundation (founded by Microsoft) in May 2018. The UK report is titled “trends in online child sexual exploitation: examining the distribution of captures of live-streamed child sexual abuse”. During this study, 2,082 images and videos were examined to generate some results and trends. The results, frankly, are disturbing. The images were divided up into three categories, those categories are as follows: Category A: images involving penetrative sexual activity with an animal or sadism. Category B: images involving non-penetrative sexual activity. Category C: other indecent images not falling into categories A or B. The results are as follows: 96% depicted children on their own, typically in a home setting such as their own bedroom. 98% of imagery depicted children assessed as 13 years or younger. 96% of the imagery
Former youth football coach Bob Higgins has been jailed for 24 years and three months for abusing young players. Higgins sexually touched and groped 24 victims, most of the trainees at Southampton FC and Peterborough United. He was found guilty at a retrial of 45 counts of indecent assault between 1971 and 1996. He was convicted of another count last year. Judge Peter Crabtree called Higgins a "predatory, cunning" serial sex abuser who "carefully groomed" the teenagers. Higgins' victims told Winchester Crown Court of suicidal thoughts and relationship problems later in life. An emotional statement, read by Dean Radford on behalf of the victims on the steps of the court, said Higgins' "arrogance was his downfall". "You can call us brave, you can call us courageous - we were not - we were the unlucky ones for falling into the entrapment of Higgins' manipulative, deceitful and sexual behaviour," it said. During Higgins' trial, prosecutors told the court he was "idolised" by trainees, who viewed him as a mentor and father figure. Victims said they were abused during post-exercise soapy massages, in Higgins' car while he played love songs on the stereo and at his home where he cuddled with boys on his sofa. Judge Crabtree said Higgins had shown "not one jot of remorse". "They believed you held the key to their futures," he told the defendant. "You normalised cuddling and stroking, which paved the way for more intimate abuse. "For many, the impact extended to their performance on the field or to turning their backs on a football career. Some of them suffered severe psychological harm." In the USA there have been several very high profile cases. Former USA Gymnastics doctor Larry Nassar, the former doctor whose serial sexual abuse of girls and young women has shaken the gymnastics world was sentenced in February to a prison term of 40 to 125 years behind bars for molesting young athletes at an elite Michigan training centre. Nassar pleaded guilty to penetrating girls with ungloved hands when they sought treatment for injuries at Twisters, a gymnastics club that was run by a 2012 US Olympic coach. Nassar has already been sentenced to 40 to 175 years in prison in another county and to a 60-year federal term for possession of child abuse images. He worked for Michigan State University and USA Gymnastics, which trains Olympians. He has been accused of molesting more than 100 female athletes during the three decades he worked with USA Gymnastics. Olympic gold medallists McKayla Maroney, Aly Raisman and Gabby Douglas are among the members of the USA Gymnastics team who have said they were sexually assaulted by Nassar. Nassar's case was part of a wide-ranging scandal which forced the resignation of USA Gymnastics chief Steve Penny in March. Penny was accused by victims of failing to quickly notify authorities about abuse allegations. USA Swimming was engulfed in scandal in 2010 when a television news investigation revealed myriad cases of sexual misconduct of various forms by coaches. Cases uncovered included Andy King, a coach who was sentenced to 40 years in prison after authorities discovered a pattern of sexual abuse that stretched over three decades at clubs up and down the West Coast and involved more than a dozen teenaged female victims - one of whom said she had an abortion after he got her pregnant when she was 14. Another case involved a coach who installed a secret camera to film young women swimmers showering. While more than 100 coaches were eventually banned for life from working for USA Swimming-affiliated clubs, the federation was blasted for an inadequate response to complaints that in some cases allowed coaches to evade their accusers and authorities, moving to new cities and gaining coaching jobs at new clubs where they continued predatory behaviour. King, who was sentenced in 2010, had passed a USA Swimming background screening in 2008es the large numbers of victim s and potential victims. Returning to the UK and the Hig
Oxfam has been in the news for all the wrong reasons. It’s an internationally recognised charity famous for humanitarian work often in some of the most troubled and dangerous parts of the world. Oxfam has been severely criticised by the Charity Commission for the way it dealt with claims of serious sexual misconduct by its staff in Haiti. In 2018 Oxfam was accused of covering up claims staff sexually exploited victims of the 2010 Haiti earthquake. Claims first emerged in The Times last year that Oxfam employees, including former country director Roland van Hauwermeiren, used young prostitutes while based in Haiti after the earthquake. An internal Oxfam investigation in 2011 led to four people being sacked and three others resigning, including Mr Van Hauwermeiren. But a report published by Oxfam after the investigation failed to mention sexual exploitation. The charity commission said the incidents in Haiti identified in 2011 were not "one-offs", with evidence of behavioural issues as early as June 2010. The commission said there was a "culture of poor behaviour" at the charity, and issued it with an official warning over its "mismanagement". Oxfam accepted the findings, saying what happened in Haiti was "shameful". There were also issues at some of the charity's UK shops - the report highlighted 16 serious incidents involving volunteers under the age of 18. "What went wrong in Haiti did not happen in isolation," Charity Commission chief executive Helen Stephenson said. "Over a period of years, Oxfam's internal culture tolerated poor behaviour, and at times lost sight of the values it stands for." The Charity Commission said Oxfam should have tried harder to substantiate the claims at the time, despite the lack of evidence. In our experience of representing victims of sexual exploitation in developing countries there simply is not the structure or mechanisms in place to enable them to report wrong-doing or simply to get advice. If you are in a refugee camp you are intent on survival and are unlikely to be thinking about legal issues. Those who find themselves on the margins of survival are particularly vulnerable to exploitation. There are sadly too many cases of food and water being bartered in return for sex. We have also found that unfortunately in many developing countries there is a perception that those from the “west” and particularly men are “powerful” and should be obeyed. It has been said that this somehow legitimised illegal behaviour. Geography and circumstances make investigation and accountability extraordinary difficult. When there are attempts made to investigate it is very challenging to trace witnesses and victims for example in refugee camps. Where do you start? In investigating a Ugandan case we were fortunate to have the assistance of a charity worker who knew where the witnesses were likely to be, but even so, we could only go so far because of safety and security implications. The United Nations needs to have a greater role in ensuring there is a minimum standard of investigation and accountability which hopefully would be legally binding on the international community. Offenders and those responsible for them should be held to account in any country. Nationality and legal jurisdiction should be irrelevant so that a victim of abuse, say in Haiti, should be able to ask the authorities in any country to investigate and, if appropriate, prosecute. Likewise he or she should be able to hold them to account in any country. Oxfam's chair of trustees, Caroline Thomson, said the charity accepted the findings, describing them as "uncomfortable". "What happened in Haiti was shameful and we are deeply sorry," she said. "It was a terrible abuse of power and an affront to the values that Oxfam holds dear." Oxfam has also not been able to bid for government funding pending the outcome of the 18-month Charity Commission investigation. The Department for International Development said decisions over its funding relationsh
That is the question that the Supreme Court has attempted to answer in the case of Poole Borough Council v GN [2019] UKSC 25 The two children who were the claimants in this case sought damages for the harm they suffered whilst living in a house provided by the Poole Borough Council (“the Council”). They were subjected to persistent anti-social behaviour on the part of a neighbouring family. It was several years before the Council rehoused the children and their parents, but in the meantime, they had suffered physical and psychiatric harm. They sought compensation from the Council. The Council defended the case even though it knew that the children were in need, had social workers allocated to them, and knew of the harassment and abuse. The Claimants’ case was that the Council had negligently failed to exercise its powers under the Children Act 1989 so as to protect them from harm. The Supreme Court has ruled that local authorities do not owe a duty of care at common law merely because they have statutory duties to protect a child from harm. Nevertheless, they can come under a common law duty to protect a child where for example the authority has created the source of danger or assumed a responsibility to protect him or her from harm. In this particular case, the Supreme Court held that the Council was not liable because it had not taken the children into its care, and assumed responsibility for their care, or had accepted any responsibility for their safety. A local authority can be vicariously liable for its social workers but there will only be liability if there has been an assumption of responsibility to perform a function with reasonable care. Such a responsibility may exist where a particular task is to be undertaken which will have to be performed with reasonable care. What does this mean in practice? Merely because a child at risk of harm comes across social service’s radar does not make the local authority liable if he/she is later harmed. If however social services having recognized that the child is at risk of harm, and for example places him/her on the at risk register, but the through a failure to adequately monitor his welfare, and suffers abuse as a result then the local authority could then be liable in negligence. There is the argument that, perhaps, the judgment is too conservative given that Parliament has decreed in the Children’s Act 1989, and other legislation, what social services must do when it comes to the welfare of children? Surely it follows that if social services do not fulfil these statutory obligations they should be liable for the harm suffered regardless of whether what actions it took, if any, were reasonable or not? Child abuse cases are invariably tragic, and the legal issues can be complex. This case demonstrates how fact specific they are when the courts are examining the issues of whether there was a duty of care, and if so whether it was breached. These cases have pushed the legal boundaries of negligence and it is likely in years to come the Supreme Court will be asked to examine and rule on the question when are social services liable for the abuse of children?
The Independent Inquiry into Child Sexual Abuse (the “Inquiry”) has announced a hearing into child protection in religious organisations and settings. So, what does this mean? The Inquiry has to date examined large religious institutions in the UK such as the Roman Catholic Church and the Anglican Church, along with other religious instructions and state based organisations. However, this has left quite a significant gap in the field as many religious denominations and other institutional religions have escaped scrutiny. This is a welcome announcement given the figures released by the Truth Project indicate more than one in ten survivors who shared their account were abused in a religious institution, which equates to 11% overall, and of that group, almost a quarter, being 24%, were abused in institutions to be examined in the new hearing. The first relevant question which arises is which religious institutions are subject to this hearing? The Inquiry considers a religious setting or organisation to include: Places where people gather to engage in collective rituals designed to bear witness or share collectively in their religious faith (e.g. mosques, temples, festivals); Places of tuition regarding one’s faith tradition or cultural matters related to religious observance or faith, such as preparation for rites of passage (e.g. Jewish yeshivas and chedarim, Muslim madrassahs, Christian Sunday schools); and Places where children and young people gather in connection with their religious beliefs (e.g. youth groups, camps) The Inquiry will focus upon those religious organisations with a significant presence within England and Wales, including but not limited to: “Non-conformist” Christian denominations; Eastern and Coptic Orthodox communities; Pentecostal churches and independent charismatic and house churches; The Church of Latter Day Saints; The Jehovah’s witnesses; Islam; Judaism; Hinduism; Jainism; Sikhism; Buddhism Given the scope of such a hearing, it is difficult to see how exactly the Inquiry will deal with such a prevalent issue across such a broad range of religions. However, the way in which it will be dealt with can be gleaned from the scope, which is effectively the four corners of the hearing. The scope indicates that the Inquiry will examine these institutions on a “thematic” basis focussing on management of child protection within religious organisations and settings including the training and understanding of child sexual abuse, policies and procedures, vetting and barring, responses to allegations of child sexual abuse and internal processes for auditing, inspection and oversight of child protection practices and procedures. What this means is the Inquiry, unlike in previous hearings, might not have any specific case studies in respect of abuse in the past and the religious institution's response. Whilst this is understandable given how unwieldy and time consuming it would be if each institution were to be examined both specifically by reference to case studies and broadly in respect of their practices and procedures, it must not be lost sight of, however, how important those case studies are. The reality is that many of these religious institutions will publicly abhor child abuse and denounce it as a sin. It would be outrageous not to. We do not suggest for one minute that individuals, leaders or even the institution is not genuine when publishing such material. The problem is in the implementation. What we do know is that no matter how loud the protest against child abuse by religious institutions, the reality of dealing with sex offenders, allegations of child abuse and internal practices are often not reflective of those public positions. This reflects a wider problem in these institutions, which is a reluctance and often a hatred of being governed by secular laws and society. So the Inquiry has a real chance here to dig deep into these institutions and establish which ones have outdated practices whi
Sexual abuse by people in authority often involves the use of power by the predatory adult. A teacher, of course, has often enormous influence over a pupil, but this issue is not limited to the teacher/pupil relationship. Abuse can happen in other settings where people work with young people too. It is very easy for young people to fall under that influence which is why, as we shall see, there are very strict laws prohibiting any kind of sexual activity between those in a position of trust and a young person (under the age of 18). Victims of grooming are often manipulated and what they may think is a relationship is, in fact, a twisted one, and a damaging one, that can have profound consequences. Avid fans of the soap “Emmerdale” will be all too familiar with the current storyline of sexual impropriety between a teacher and her pupil. Teacher Maya Stepney has been involved in an improper relationship with schoolboy Jacob Gallagher. She has been arrested and, no doubt faces being prosecuted for offences under the Sexual Offences Act 2003. The fictional case vividly exposes a number of issues. The first issue is young people can be exploited by adults through a process where they are manipulated into a relationship that in turn leads to sexual abuse. This manipulation is known as grooming. On the soap, Maya has been grooming Jacob for months and even made plans to flee the country with him. Maya tried to find a way out, taking Jacob with her, but she was reported to the police and finally arrested in front of him. Viewers were stunned when they previously saw Maya, who is Jacob’s teacher, have sex with him a few days after he turned 16. The story has also exposed a lack of understanding of a sizeable proportion of the general public who apparently struggle to identify what constitutes sexual abuse. Research done for Barnardos by YouGov revealed that many adults have a severe lack of knowledge about sexual abuse. Barnardos has been working with Emmerdale’s producers on the current storyline, but despite witnessing Maya and Jacob sexting, the poll showed that 35% of people didn’t actually think an adult sending sexually explicit messages to a 16-year-old was illegal or abusive. When Jacob was still 15, scenes played out on screen of him kissing Maya in and out of school, however, 27% of people in the poll did not identify this as illegal or abusive. There is also the uncommon perception that a teenage boy having sex is not harmful. Indeed there will be those who think that Jacob having sex with his teacher is a boy’s fantasy come true. The reality is that it is recognised this is likely to be harmful psychologically because of the manipulation and the abuse of power. The likelihood in the Jacob scenario is that he is being used for sexual gratification or to get some kind of power kick. He is being used unwittingly and with that, the risk is that whilst he might be physically mature he will not be psychologically, and that is where the harm is possibly going to arise. Turning back to the law although Jacob was over the age of consent when he and Maya had sex, it is a crime for an adult in a position of trust (such as a teacher or foster carer) to engage in sexual activity with a person under the age of 18, under the Sexual Offences Act 2003. If Maya is successfully prosecuted, she will face imprisonment. The courts take breach of trust cases very seriously. In addition, Maya may be liable to pay compensation to Jacob for the harm she has caused him. The compensation could be significant if the damage she has caused is lifelong which is possible in cases such as this. Moreover, her employer may also be civilly liable to pay compensation if she was able to sexually abuse him as a direct result of her employment. Sexual abuse of a minor by a person in position authority should be taken seriously by each of us and by society as a whole. Proper reporting and prosecution will not happen if people are not aware of just how damaging th
The May 2019 report by the All-Party Parliamentary Group for Adult Survivors of Childhood Sexual Abuse sets out some alarming facts regarding the impact of childhood sexual abuse, access to essential services, the demand for essential services and the gap in funding which allows many survivors to languish without proper treatment or support. At the outset it is important to note the magnitude of this problem – 7% of people aged between 16 and 59 report they were sexually abused as a child. This tells us many things, but most importantly, the impact of childhood sexual abuse is on a scale many would never imagine and it is not a vestige of a less civilised past, which many would consider the case. This is a 2019 report with recent data. The youngest persons surveyed are 16 years old and the oldest are 59. You would be forgiven for thinking that recent awareness of this issue and great leaps being taken in safeguarding techniques, laws and procedures would reduce the incidence of childhood sexual abuse, but this data suggests otherwise. So this is something that can no longer be ignored, there is a human cost and an economic cost to society. Taking this into account, the report asks a pivotal question – can adult survivors of childhood sexual abuse access justice and support? In doing so 365 survivors of child hood sexual abuse were surveyed and the following alarming statistics were revealed: The average wait time for disclosure of sexual abuse is 26 years; 90% of respondents told the inquiry that the abuse has negatively impacted their intimate relationships; 89% of respondents told the inquiry their mental health was affected by the abuse; 81% of respondents told the inquiry their family life was adversely affected by the abuse; 72% of respondents told the inquiry their career was negatively affected; and 65% of respondents told the inquiry their education was negatively affected by the abuse. Whilst these results are startling at first blush, it is not at all surprising. One only needs to search the internet for similar studies conducted across the world to see the devastating and insidious impact of childhood sexual abuse. Sexual abuse is pervasive, it invades the lives of those affected and can sit dormant for many years. We must then ask why this is the case? It was been the position of society for decades that such things are best left unsaid, it was a secret which many institutions and organisations didn’t want let out of hiding. The Catholic Church is a perfect example, it can now be said with some degree of certainty that this problem of epic proportions was known about, and covered up, for decades. Survivors were conditioned to feel it was their fault, to feel guilty, to hide it deep inside. This served one purpose – the protection of the institution and the abuser. Now we know this is not specific to the Catholic Church, but a problem which has touched nearly all facets of religion and government. The effect is what we see in clear terms in the report – survivors take decades to report. This is not at all surprising given what they were conditioned to feel. Moreover, the individual survivor disclosures in the report evidence a culture which surrounds childhood sexual abuse – often the people around you just want you to get over it. A monumental task and one which those who haven’t been affected are ill equipped to understand. It is this mentality which contributes to the 90% of survivors who report their intimate relationships being negatively impacted and the 81% of survivors whose family life was negatively impacted by the abuse. Again, this is hardly surprising. The report details many survivors are unable to access good quality information about the impact of childhood sexual abuse – if the survivor is unable to access this information then how is a loved one or friend able to properly understand the devastating impact? This misunderstanding of how childhood sexual abuse pervades many aspects of a survi
The Guardian has reported that MPs are to launch an inquiry into the record number of children missing from care in England. The All-Party Parliamentary Group for Runaway and Missing Children and Adults has called for information for those who work in the area to provide their views and data as to the risks posed by children sent away for care. The All-Party Parliamentary Group for Runaway and Missing Children and Adults seeks to raise awareness of the issues faced by children and adults who run away or go missing, as well as the families they leave behind. The APPG’s membership spans all of the main political parties in Westminster and both the Houses of Commons and Lords. It is headed by Ann Coffey. Coffey also wants to explore how many of these children are then lured into drug gangs as part of the so-called county lines phenomenon. The Guardian noted the following troubling data: An increase of 1,000 children going missing from care homes since 2015, after being moved to new areas often miles from their homes, known as an “out of area placement”. Numbers have more than doubled from 990 in 2015, to 1,990 in 2018. This compares with a 31% increase for children who go missing from homes within their own borough. The government introduced measures in 2013 to reduce numbers in cross-boundary placements. But the inquiry notes that despite this 64% of all young people living in children’s homes now live out of borough, up from 46% in 2012. These statistics are almost unbelievable and raise a number of very real questions about the appropriateness of out of area placements and the use of independent providers for care. We discuss the legal framework behind this practice, the sordid history of out of area placements regarding the Bryn Alyn Community, whether any lessons have been learned from the Bryn Alyn scandal, whether the sending away of children is a proper discharge of the duty of care owed to children in care and whether this practice should continue.
In this week’s discussion we look at how the Court of Appeal in the case of R. v SB [201801802 B2] dismissed a sexual abuse victim’s retraction of her allegations post-conviction as lacking credibility. We discuss the details of the case and the broader implications of the decision. The victim had alleged that she had been sexually abused by her grandfather who was successfully prosecuted and sentenced to 12 years imprisonment. Following the sentence, the victim confided to her family that her allegations were false. She provided a statement to that effect that was then used by the grandfather in support of his appeal to the Court of Appeal on the basis that the verdict was unsafe. The Court of Appeal dismissed the appeal. Readers might think this surprising but the judges came to the conclusion that the retraction of the allegations lacked credibility. They suspected very firmly that the victim had a misplaced sense of guilt, feeling responsible for her grandfather’s imprisonment, and may have been subjected to some familial pressure. The decision is a refreshing one in the sense that the judges have looked at the reality of the consequences of child sexual abuse. Survivors often express feelings of shame and guilt for what took place. This is, of course, misplaced, but is common amongst survivors, and they often feel responsible for the fate of their abusers. The judges have clearly been conscious of what may go through a survivor’s mind post-trial and the pressures that they come under. The case may have wider implications because a defense often deployed in both criminal and civil courts is that due to the nature of the case, the evidence is flawed possibly through the lack of witnesses and/or the passage of time. It will be said that memories fade, evidence gets lost, and witnesses are unreliable. It will be argued that a fair trial is impossible and a judge should not attempt to decide fault or otherwise. This case it could be argued says that judges should look at reality and take into account the nature of sexual abuse and come to a decision. The Limitation Act 1980 says that claims for compensation should be brought within 3 years of the abuse, or in the case of a child within 3 years of their 18th birthday but because of the damage caused by the sexual abuse this is all too often impossible, and so the survivor has to try and persuade the court to allow the case to proceed out of time. Maybe the case of R v. SB will provide some power to the survivor’s elbow where the evidence is contradictory and at first blush apparently unsafe, and argue that the court should look at the bigger picture. If you would like to talk to us about your experience with abuse or would like to suggest a topic for a future episode, visit the sexual abuse claims page.
Child abuse less “forgivable” than murder and rape – that is the conclusion reported by BBC to a ComRes survey. Today’s podcast is going to try and delve into this a little. The first point to make is that we are not survivors. We respect the thoughts and positions of survivors, and it is not for us to say who is right and who is wrong etc What we want to do is explore and discuss the survey and what lies behind some of the findings. Below are some of the findings from the ComRes poll: Child abuse is considered “impossible to forgive” by nearly nine out of 10 British adults – more than murder and rape – a poll for the BBC suggests. Eight out of 10 people said sexual abuse, including rape, was unforgivable compared with just over seven out of 10 for murder. One in four women found infidelity unforgivable compared with fewer than one in five men. One in 10 of the 2,042 polled by ComRes could not forgive social media abuse. The poll for BBC local radio asked how willing people would be to forgive someone for actions ranging from swearing to child abuse. More women than men found child abuse impossible to forgive, with 89% of women compared with 80% of men. Women were also more likely to find sexual abuse, including rape, impossible to forgive, with 83% compared with 75% of men. Fewer men found infidelity impossible to forgive, with 19% of those responding compared to 26% of women. Society has decided that child abuse is wrong. There are very clear laws that reflect this. Punishment has evolved over recent years that reflects the gravity and serious consequences of CSA. Sentences are far tougher than say 20 years ago. Some might say not tough enough, which perhaps feeds into the possibility that forgiveness gets mixed up with punishment. We have seen on twitter that survivors have a range of positions. Some have forgiven their abusers, others have said that they did not want them punished, others have said they could never forgive, and that prison was not punishment enough. Murder victims, to state the obvious, are in no position to give an opinion, but their families are. Murder carries a life sentence. It was once a capital offense which meant the murderer went to the gallows. Parliament against the wishes of the general public abolished the death penalty and the trade-off was a mandatory life sentence. The loss of a loved one is profound. Those who have been involved in such cases are only too aware of the loss and the void that seems impossible to fill. Some are able to forgive, others come to terms, many do not. Are the loss and the consequences the same in a CSA case? Are we in danger of comparing apples with pears? Possible. It could be a futile comparison and an unjust one to compare the two. Both are tragic with profound consequences for those harmed, their families, and society too. There is possibly an important difference in that, in a CSA case, there is hopefully a chance for the survivor to rebuild, or there should be. For a murder case there are no chances. In any undertaking such as this one has to ask whether it is worth it and what it achieves? The issue which first presents itself is who is being surveyed about what? It is clearly not the murder victim given that the person is deceased. Is it the family of that victim? Is it the survivor of rape forgiving the perpetrator? Is it society forgiving the murderer or rapist on the victim’s behalf (this seems perverse)? Or is it general attitudes as to which is worse arrived at by which is more forgivable? It must be the latter. But the confusion may affect the results. Moreover, there is no explanation of what that individual considers the definition of “murder” to be. This is a finely nuanced point and it is very likely your average person on the street when facing this question will be thinking of examples of manslaughter rather than murder and comparing it to rape. Of course in such circumstances, the rape is worse. For example, a classic thought will
In this episode, Partner Alan Collins and Sam Barker discuss Criminal Compensation Orders (CCO) and why the courts ought to be making better use of them. Listed below are some of the key points about Criminal Compensation Orders that are brought out in this week’s episode: The court must consider making a compensation order in any case where personal injury, loss or damage has resulted from the offence. It can either be an ancillary order or, a sentence in its own right (which does not attract a victim surcharge). The court must give reasons if it decides not to order. The position is clear but this power appears to be more honoured in the breach than in the observance. The courts are not making use of the power in CSA cases, and the police who are supposed to be providing the CPS with the information are clearly not doing so in either a uniform or purposeful manner. The evidence before the International Inquiry into Child Sexual Abuse (IICSA) in relation to the reasons why so few orders are made is somewhat contradictory if not vapid. It would have been useful to have heard from the judiciary in relation to this but, be that as it may, it is clear that orders are not being made when it is submitted as they should be. Victims are routinely asked to give consent to the release of their medical records in criminal proceedings and provide impact statements for the very purpose of assisting the court when sentencing. It is something of a paradox that victims provide this information yet the question of compensation appears at best tangential and at worst something of an inconvenience. IICSA might conclude that CSA survivors are being let down through a general lack of awareness of, and lack of purpose, behind a fundamental statutory provision which is designed specifically to help deliver justice. The courts have issued to them guidelines provided by the Sentencing Council which stipulate inter-alia that compensation should benefit the victim, not inflict further harm on them. Subject to consideration of the victim’s views, the court must order compensation wherever possible and should not have regard to the availability of other sources such as civil litigation or the Criminal Injuries Compensation Scheme. Any amount paid by an offender under a compensation order will generally be deducted from a subsequent civil award or payment under the Scheme to avoid double compensation. Any financial recompense from the offender may cause distress. A victim may or may not want compensation from the offender and assumptions should not be made either way. The victim’s views are properly obtained through sensitive discussion by the police or witness care unit, when it can be explained that the offender’s ability to pay will ultimately determine whether, and how much, compensation is ordered and whether the compensation will be paid in one lump sum or by instalments. If the victim does not want compensation, this should be made known to the court and respected. Paradoxically, of course, criminal courts routinely obtain medical and in particular psychiatric reports in relation to the accused (or the offender) before sentencing, and this begs the question why more attention cannot be given to the victim? Maybe the answer lies in the fact that the defendant is legally represented whereas the victim is not and his or her voice sits in the hands of the police and CPS. The MOJ’s “Victim Strategy” document interestingly makes no reference to CCO’s. Yet it recognises the requirement for the need of the provision of impact statements. It also appears that it recognises through research that the police are not providing the information which confirms, possibly, the impression that IICSA might have formed from the evidence it has taken, that is needed for CCO’s to be made. Again, and this is paradoxical, it is said that there is a concern that if survivors are advised about the right to compensation, let alone seek it, this may enable a defence to be run
UK police are dealing with an increasing number of grooming gangs in recent years. Grooming is clearly becoming a big issue that faces social service, police the NHS and government, but more than that, it is terribly damaging to its victims. Alan and Sam discuss this pervasive and destructive trend in this week’s episode of “H|J talks about abuse”.
If you have a question that you would like covered in a future episode of the podcast or would like to speak to someone about your own experiences then email samuel.barker@hughjames.com to get in touch.
In their latest discussion, Alan Collins and Sam Barker from the Abuse team consider the highly publicised Cardinal Pell child sexual abuse case. Pell is the most senior Catholic cleric ever to be convicted of child sexual abuse. His application for bail was yesterday withdrawn by the Judge and he will be held in custody until sentencing on 13 March.
If you have questions about sexual abuse in the Catholic church or the Cardinal Pell case specifically, visit the Abuse page and get in touch with Alan and Sam.
Partner Alan Collins and Sam Barker from the Abuse team discuss the events unfolding in the Vatican today as the synod gathers to discuss child sexual abuse within the Catholic church. Sexual abuse within the church is something that needs to be addressed every time it happens to ensure that those who perpetrate it cannot harm others. If you have been affected by abuse within the Catholic church, visit the sexual abuse to get in touch.
On 25 January we held our first Hugh James National Conference on Child Sexual Abuse, Prevention and Support in association with NSPCC Cymru/Wales. The conference was aimed at professionals and organisations that are involved in preventing, addressing and prosecuting Child Sexual Abuse (CSA) cases. Through a series of talks from an industry leading ensemble of speakers including an MP and a Welsh AM, the conference sought to strengthen the approach to CSA, to prevent it from happening in the first place and to better support victims. The panel discussion in the afternoon debated the question: ‘Should child sexual abuse be addressed using a public health approach?’ In this episode, Partner Alan Collins and I present a roundup of the day for those of you who could not make it. Hopefully, it will encourage you to come to the next one! For more information on the services and events we offer visit our website.