Archive for May, 2009

Vindication for victims

Tuesday, May 12th, 2009

It is excellent news that Michael Aubin has pleaded guilty to some of the abuse charges that he faced arising out of the Haut de la Garenne investigation.

Claims had been made that Haut de la Garenne victims had been lying on fabricating in some way, but this admission of guilt demonstrates that the decision to investigate by Jersey Police was well founded, and to subsequently commence a prosecution.

The admission of guilt in my opinion re-inforces the victims’ claim for compensation for the abuse that they suffered as children at Haut de la Garenne.

Claiming damages for sexual abuse

Wednesday, May 6th, 2009

The case of Raggett and the Preston Catholic College has been widely reported in the media.

The High Court’s decision to allow Mr Raggett to purue his case is very welcome news for abuse victims.

As in the Raggett case abuse victims often have thrown in their faces, when they seek justice, by defendants the “defence” they they are out of time.

Abuse victims invariably in my experience wait many years before coming forward and seeking justice, and this often because of the effects of the abuse they suffered. It is very unfair that the abuse has this additional insult in that it continues to plague them by obstructing their ability to get compensation. There is something very unpalletable that defendants have this windfall enabling them to have chance at avoiding to meet the victims’ claims.

Fortunately in the Raggett case the court was prepared to exercise its limited discretion to allow the claim to proceed out of time. The Defendant’s claim that it was prejudiced by the “delay” does not appear to have been borne out by the evidence.

The case reinforces my opinion that for an abuse claim to procced there needs to be sound evidence, eg, documents and/or other other witnesses. If you can get evidence to bolster the claim then that may go along way to defeat a defendant’s arguement that it has been prejudiced by delay.

For more on the Raggett case I suggest you go to The Times (6th May 2009). There is also a piece by Ruth Gledhill.

Alan Collins

Tel.: 02392380112

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