After around eight and a half hours of deliberations, the jury returned its unanimous verdicts. Seetal Jayantilal, specialist abuse solicitor in our Serious Personal Injury team comments on the importance of survivors coming forward.
Consent is key
During the trial, Brand notably described consent as “non-negotiable” and “more important than sex itself”.
Under section 74 of the Sexual Offences Act 2003, a person consents where they agree by choice and have the freedom and capacity to make that choice. Consent must relate to the particular sexual activity taking place. Agreeing to one sexual act does not mean agreeing to another, and consent can be withdrawn at any time.
Consent is not always something that survivors are able to consider in straightforward terms at the time.
Survivors question themselves
A common theme I often note when dealing with survivors of abuse is them questioning their own response to what happened, blaming themselves, or taking time to recognise and process that what they experienced was abuse.
This can also help explain why disclosure does not always happen immediately.
For some survivors, it can take many years, sometimes decades, before they feel able to speak about what happened. They may experience shame, fear or self-blame, worry that they will not be believed, or struggle with the consequences of speaking out. There is no single or “correct” time at which somebody should be expected to disclose abuse.
This is reflected in the historic abuse claims we investigate, including cases involving abuse experienced during childhood in schools, care homes, children’s homes, religious institutions, sports clubs, scouting and other youth organisations, where the alleged abuser may have occupied a position of trust or authority which gave them access to the child and created an imbalance of power, making it particularly difficult for the child to challenge what was happening or speak about it at the time.
Delay in speaking about abuse does not diminish what happened or mean that a survivor’s account should simply be discounted.
Historic abuse can be investigated
The investigation into Brand demonstrates that the passage of time does not necessarily prevent allegations from being investigated and importantly, substantiated.
The reports made by the brave women who came forward against Brand covered events that happened many years ago. Even so, the evidential challenges this presented did not prevent a thorough and diligent investigation by the Metropolitan Police. CCTV and forensic evidence were no longer available, and digital enquiries were limited by the passage of time. Instead, detectives pieced together the circumstances surrounding each allegation, tracing more than 100 witnesses, taking more than 400 witness statements and reviewing over 1,400 documents in seeking evidence which could support and verify the women’s accounts.
This is particularly important in the context of historic abuse. The fact that evidence may have been lost through the passage of time does not necessarily mean that what happened cannot be investigated or evidenced by other means. Other records, witnesses and sources of evidence may still help to build a picture of what happened.
This can be particularly significant in historic institutional abuse cases, where the alleged abuser may have held a position of power, trust or authority, such as a teacher, carer or youth leader. That position can create a significant imbalance of power and may make it more difficult for a survivor to challenge what is happening or feel able to speak out at the time. I have sadly often seen this in cases involving teachers, where other survivors have independently come forward with similar allegations concerning the same individual. Where people who are not known to one another provide similar accounts, those accounts can become particularly important when investigating events which took place many years ago and considering the available evidence as a whole.
In the Brand case, several women who were not known to one another contacted the police separately. Although the circumstances of every case are different, it demonstrates the potential importance of individuals independently coming forward and how one survivor speaking out can sometimes give others the confidence to disclose their own experiences.
Immense courage to come forward
Following the verdict, Detective Superintendent Andy Furphy described the outcome as:
“a testament to the extraordinary courage, resilience and determination of the women who came forward and reported what happened to them.”
I wholly agree. It takes immense courage for any survivor to speak about what has happened to them, particularly after carrying those experiences for many years.
Delay is also an important consideration in civil abuse claims, which are claims for compensation separate from the criminal case. Although there are legal time limits for bringing claims, the passage of time does not automatically prevent a claim from being pursued. Depending on the circumstances, the court has discretion to allow a claim to proceed.
Importantly, while not always necessary, a criminal conviction can be extremely helpful when pursuing a civil claim arising from abuse, particularly in establishing that the abuse occurred.
I personally champion justice for survivors of abuse and recognise that every survivor’s experience, and their response to what happened to them, will be different. I have immense respect for those who find the courage to speak out, whether that is to seek support, obtain legal advice or report what happened to the relevant authorities.
Need advice about historic abuse?
If you’ve experienced abuse, whether recently or many years ago, you don’t have to face it alone. Seeking legal advice doesn’t mean you’re committing to making a claim or reporting what happened. It can simply help you understand your options and access the support available to you.
For a confidential, no-obligation discussion, contact Seetal Jayantilal or a member of our Serious Personal Injury team on 03456 465 465 or email enquiries@rotherabray.co.uk We’re here to listen, provide clear advice and help you take the next step, whenever the time feels right for you.
