21st Apr 2015
Lord Janner avoids charges for child abuse
Lord Janner, a former Labour peer and QC, was also an MP for Leicester West. He is said to have befriended the manager of a Leicester children’s home whilst he was an MP in order to gain access to his victims. More than a dozen individuals have come forward who say they were abused by the MP whilst they were at the children’s home. Leicester police have interviewed 25 men who have made allegations of sexual abuse against Greville Janner. The allegations span two decades from 1969 to 1988.
However, the CPS have decided not to pursue Lord Janner. The Director of Public Prosecutions Alison Saunders announced last week that despite the weight of evidence against the peer and the serious nature of the allegations, they have decided it is not in the public interest to prosecute Janner. Lord Janner, now aged 86, has been diagnosed with Alzheimer’s disease. Four medical experts believe that his severe dementia prevent him from understanding the proceedings. Furthermore, the lack of treatment for his condition and the fact that he is no longer a risk to children has resulted in Janner avoiding charges. The CPS admits to delays in dealing with the historic allegations which first came to light in the 1990’s. There have been three investigations in relation to child abuse allegations, but on each occasion the CPS have failed to prosecute. The decision has sparked criticism that the CPS should have obtained justice and that Janner’s position shielded him from prosecution. The CPS could now atone for their previous failings, yet they have chosen not to.
But what are the implications of the decision by the CPS not to charge Janner for his victims? Blameless victims of crimes of violence are entitled to apply for compensation to the Criminal Injuries Compensation Authority, or the CICA. The scheme is run by the government and is often the only avenue for compensation for those who suffer injuries, both physical and psychological, as a consequence of sexual abuse. Whilst the CICA can make awards where there is no criminal conviction, the process for applicants is much more straightforward where a conviction has been obtained. Those applicants effectively by pass the test for proving they were a victim, as the test for blame in a criminal case is "beyond reasonable doubt", a higher test than the civil burden, `on the balance of probabilities’. Victims who apply to the CICA where there is no conviction, then have to satisfy the CICA that they were a victim of a crime of violence. This may be easier said than done, particularly in an historic abuse case where potential witness may have died and evidence of the crime has been lost through time. Without the benefit of the manpower and resources that the police have at their disposal, a victim may find their CICA claim fails as the crime cannot be proved.
Furthermore, those victims who say they were abused by Janner and who plan to pursue him for compensation through the civil courts, will also face the evidential hurdle that the crimes have not been `proved’. Where a perpetrator of sexual abuse has been convicted and sentenced, the claimant in a civil claim can focus on proving the extent of their psychological damage and injuries caused, assuming the perpetrator has the means to meet a judgment. Proving the wrongdoing is unnecessary as the conviction is sufficient evidence of this in itself.
It is anticipated those alleged victims of Greville Janner will feel extremely let down by a system which appears to have allowed this prominent individual to escape the rigours of a criminal trial. They have been denied their opportunity to have their day in court and face their alleged abuser. Given that many victims live with the trauma of their abuse throughout their life, the result in this case must be a severe blow to those who were brave enough to come forward to the police.
Janners alleged victims may still wish to pursue their civil and CICA claims, irrespective of the failure of the CPS to put this matter before a public court. At Robsonshaw, our solicitors specialise in representing victims of sexual abuse in civil claims. It may be a claim can be launched against the organisation with responsibility for the Leicestershire children's home where the majority of the abuse is said to have occured. A civil claim can also be made against a perpetrator who has the means to meet a judgment. We also specialise in CICA claims for victims of sexual abuse. If you, or a family member have been affected by sexual abuse, please call us on a confidential, no obligation basis on 01392 345333 at any time. Or email us on enquiries@robsonshaw.uk and we will call you at your convenience.
Category: Children's Homes