IN MY VIEW
DENISE CLAIR made legal history, the first rape victim to successfully sue her rapists in a civil court.
Her bravery and determination to get justice, alongside Lord Armstrong’s unequivocal ruling, has ensured the world will now be a safer place.
Because of Denise, those who feel they have been let down by Scotland’s criminal justice system will now have a further remedy, in the civil court.
As the number of successful prosecutions for rape continue to drop, because of Denise’s victory, legal experts believe more victims will look to seek justice this way.
Those who do may not see their attackers sent to jail, but for victims of this most heinous act, what they seek is not money but vindication, an acknowledgement that what was done to them was wrong.
Although Denise’s case was not a private criminal prosecution for rape, in its own way, it was every bit as important as the 1982 Carol X case, successfully brought by my mentor Ross Harper.
Carol X was the first private criminal prosecution in modern times. She was brutally raped, slashed and left for dead. Rapist Joseph Sweeney was jailed for 12 years. Two others were guilty of indecent assault.
The case led to questions in the House of Commons and the resignation of the then Solicitor General Sir Nicholas Fairbairn.
Denise Clair’s civil action for rape has also made headlines and politicians are calling for an inquiry.
Today, I want to commend Denise for conducting herself with quiet dignity to give others like her an alternative when the criminal justice system lets them down.