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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.
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.
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