Civil claim against rapist/abuser - where do I start? PLEASE HELP.

[Guest]

@everyone

This is a very challenging step and a massive hurdle for me, so please bear with me. I have little legal knowledge. I am not a solicitor.

This is a long story, but I will try and summarise as best as I can. I was sexually abused by a relative when I was a child of 11/12 years old for a period of approximately 4/5 years. I am unsure how many times it happened, but I recall at least a dozen incidents.

In 2019, I finally made a decision to report my abuser to the Police. I was interviewed and a investigation took place.

By August 2019, I was notified that 9 charges of rape of a child under 16 years had been returned by the CPS. A trial date was listed and I was warned that I had to give evidence. I gave evidence at 3 Crown Court trials. It severly impacted my mental health and devastated me.

The 1st trial was discharged because the defendant sacked his barrister, the 2nd and 3rd trials resulted in 2 'hung juries'. I was beyond devasted, desperate for justice.

I have suffered devastating consequences from the childhood abuse I suffered - my life has been destroyed. He has not faced any consequences for his horrific crimes.
I have pleaded with the Police and Crown Prosecution Service to bring another trial, but they refuse to help. I feel absolutely abandoned, there is little support or recognition for abuse or rape survivors.

My only option now is to bring a civil claim against him. This has never been about money or compensation. I don't need it, It is about getting some recognition that he committed the abhorrent crimes and making him suffer some consequences and getting an injunction so that I feel safer. (he lives approximately 20 miles away & he has convictions for DV and violence)

My questions are: -
1) How do I start the civil claim, in what court and to which track?
2) Can I write 'I am unsure how much damages I can claim' to ackowledge that I don't know how much I can expect to claim
3) Can I ask that my address and email address is witheld from the defendant to protect me (He does not know my address, just my rough location)
4) What information do I need to put inton the N1 particulars of claim?
5) Will I require the transcripts of the court hearing/s from the Crown court?

I have a lot of my statements and documents that I obtained from the Police/CPS including the confirmation of the charges that were levied against him and records from my ISVA as evidence. What do I submit to the court, how and when? How will I name and call witnesses - there were 4 witnesses for the prosecution in the trial/s at Crown Court. Can I ask them to attend and give evidence?

Unfortunately I have been unable to get a solicitor to take this on. Therfore I am forced to issue the claim myself.
Will I be able to get a barrister to represent me at the hearings?
I don't feel able, due to severe anxiety (and can't) face my abuser in a courtroom. I was hoping that I could get someone (paid) to present my case for me at that stage?

I am sorry it is long - it was very difficult to be concise. Thank you for reading - any advice or hellp would be so appreciated

[Guest]

13 views and not a single response - wowwww - thanks. WHAT has become of society when no-one gives a hoot

[atticus]

Do you want someone who gives a hoot or someone who knows what they are talking about and can answer your questions?

There seem to have been only about an hour and a half between your two posts in this thread.

[Guest]

atticus Both would be good, but it is clearly too much to expect from a society that are SO selfish and don't realise that it could SO easily happen to them or their children/loved ones

[atticus]

My questions are: -
1) How do I start the civil claim, in what court and to which track?
2) Can I write 'I am unsure how much damages I can claim' to ackowledge that I don't know how much I can expect to claim
3) Can I ask that my address and email address is witheld from the defendant to protect me (He does not know my address, just my rough location)
4) What information do I need to put inton the N1 particulars of claim?
5) Will I require the transcripts of the court hearing/s from the Crown court?

I am not an expert in this type of case by any means, but here are my answers to your 5 questions, as above.

1. N1 Claim Form in the County Court to start the case. The Court will allocate the case to track after the defence has been filed.

2. If you do not specify the amount of damages sought you may be required to pay a very substantial court fee.

3. Yes. You need to make that application when submitting your claim for issue.

4. Details of what you are claiming and the grounds on which you are making the claim.

5. These may well be helpful if you have them, to be included amongst the documents that you will have to disclose in the course of the case.

[Guest]

atticus Thank you for that information
Regarding part 3 - I don't know where to start with putting a figure on the damages - where do I start? How do I know if the figure is too high or too low? As I said, this is not about monetary compenssation - it is about recognition that he did it.
Itr would be grossly and horrifically unjust if I was to bring a claim it ended up costing ME money? The court would not allow that surely? I just wanted justice and some recourse for him.

[atticus]

In that case set a limit. See form EX50 for the table of court fees.

[Guest]

In that case set a limit. See form EX50 for the table of court fees.

I don't know what you mean by set a limit? What limit do I set? Please understand that this process is going to be incredibly hard and I know very little about civil court proceedings.
I have endured 3 Crown Court trials which have drained my energy and obliterated what little faith I had in the court system.

[Guest]

I don't know what you mean by set a limit? What limit do I set? Please understand that this process is going to be incredibly hard and I know very little about civil court proceedings.
I have endured 3 Crown Court trials which have drained my energy and obliterated what little faith I had in the court system.

I don't know how much I should claim so how can I 'set a limit'?

[atticus]

As I said, I am not an expert in this type of case by any means. It is possible someone else may be able to assist you with that question, but in the meantime please be patient.

[des8]

you might obtain some of your answers here https://www.legalexpert.co.uk/how-to...riff%20applied.

This is not a recommendation for that site
;

[Guest]

you might obtain some of your answers here https://www.legalexpert.co.uk/how-to...riff%20applied.

This is not a recommendation for that site
;

That is not helpful. I am perefctly able to google resources, - understanding and navigating the content is a different matter.

I have made a claim to CICA - Criminal Injuries Compensation Authority, but that gives him NO consequences - CICA is a Governent dept - funds are paid out of Gov funds. I'd have no recognition of what he did, - he would not have to pay a single penny.

He has got away absolutely FREE from ANY impact of his criminal actions - he gets to rape me repeatedly when I was a SMALL GIRL and face NO harm whatsover. How is a claim to CICA going to make HIM pay?

[islandgirl]

This is a very specialist area and it is unlikely we will have the specific expertise here that you need. The best course of action is to speak to a specialist solicitor - you can usually get a first meeting free. They will guide and advise you. And I know you will probably come back and say that this is not at all helpful and I agree it is not much help to you but it is the unfortunate reality of a very difficult and heartbreaking situation.

[Guest]

Seems to me that abusers and CHILD RAPISTS get away with EVERYTHING.
I am sick to the back teeth of telling people that I am not interested in compensation - CICA or HE could write me a cheque for MILLIONS and it would never be enough.
CICA IS NOT THE ANSWER OR A SOLUTION

[atticus]

Peace1 You have posted on this forum more than 200 times over the last 5 years or so. I have read many of your posts today. Sometimes you appear to forget that people here are trying to help, even if they do not have the specialist skills and experience to give you the detailed help you are looking for. That is not a reason for you to react against other members who have taken the time to reply to you..