4th Dec 2015
DJ Neil Fox faces allegations of sexual abuse
Another radio presenter hits the headlines in the wake of a series of accusations of a sexual nature against household celebrities. Neil Fox has been accused of 8 counts of indecent assault and two counts of sexual assault. Fox, who joined Magic FM in 2005, is known to millions as Dr Fox, is facing charges spanning more than two decades. He is not currently hosting Magic's breakfast show, Foxy in the Morning.
Fox is also famed for his role as a judge on Pop Idol between 2001 and 2003. He was on the panel of judges with Simon Cowell, Nicki Chapman and Pete Waterman. The programme was a forerunner to hugely successful TV talent show X Factor. Fox started his career on local radio before hosting the Pepsi Network chart in 1993. He has also presented a Channel 5 TV show and won numerous awards.
Fox denies the allegations which include forcing his tongue into a teenager’s mouth after she asked for a photograph. Another charge relates to indecent assault of a former female colleague at Capital Radio where he worked from 1993 to 2005.
In recent years Fox is one of a number of presenters to hit the headlines. In November 2014, former Radio 1 DJ Chris Denning admitted 41 sex charges against 26 male victims between 1967 and 1987. His arrest followed the success of Operation Yewtree, the famed Metropolitan police investigation in the wake of the Jimmy Savile scandal. Denning was jailed in December 2014 for 13 years having pleaded guilty to 38 counts of indecent assault, one of gross indecency with a boy and another of indecency with a boy under 14.
Another celebrity under the spotlight after Operation Yewtree was broadcaster Dave Lee Travis. He was arrested in October 2012 and in February 2014 his case to come to trial. At his trial he was cleared of 12 counts of indecent assault but he faced a re-trial after jurors failed to reach a verdict on two charges. Travis who regularly appeared on Top of the Pops, was eventually convicted of one count of indecent assault of a woman in 1995 and given a suspended sentence of three months. Travis is said to be financially ruined by the Crown Court trials. At a costs hearing in April 2015 he was awarded £4000 in taxi fares to reimburse him for his travelling costs to court.
There have also been a number of lesser known DJ’s in the news. In 2012 former Westcountry BBC and ITV presenter Peter Rowell was jailed for 6 years having pleaded guilty to 12 counts of indecent assault against five women when they were all under 16. At the time of the assaults in the late 80’s and early 90’s, Rowell was working as a DJ on GWR FM, a network of three radio stations in the south west which were later rebranded and joined Heart network in 2009. At his Bristol Crown Court hearing, the judge concluded Rowell used his position in the world of media to breach his position of trust. He invited the girls to visit his studio and then used the opportunity to sexually abuse them. In recent years, other radio DJ’s have been in the news surrounding sexual offences against children. In September 2015, James Russell a former DJ was convicted of sexually abusing a young girl online and sentenced to three years imprisonment at Glasgow Sheriff Court. In August 2015, Joseph Tonner, a radio DJ from Runcorn was sentenced at Teesside Crown Court to 8 years imprisonment for what was described as `sickening’ child abuse against two young victims. Dominic Purvis was jailed for 14 years last month after he groomed children in East Devon and exchanged internet child images with fellow offenders. Purvis was a professional DJ and drag artist who performed for audiences throughout Devon and Somerset.
In the latest of a series of celebrity scandals, last month child abuser Gary Glitter lost his challenge against his conviction for sexually abusing three young girls between 1975 and 1980. Earlier this year, a jury at Southwark Crown Court found him guilty of attempted rape, unlawful sexual intercourse with a girl under 13 and three counts of indecent assault at his trial. He was jailed for 16 years in February 2015 but challenged his conviction on the grounds that he did not have a fair trial. On 17th November 2015 the Court of Appeal ruled that there was nothing `unsafe’ about his conviction and his case failed.
In 2001, pop mogul Jonathan King was sentenced to 7 years after being convicted of molesting schoolboys between 1983 and 1989. He was found guilty of six offences of indecent assault, buggery and attempted buggery against five youths.
The common theme in the majority of these cases is the abuse of a position of trust by an individual using their celebrity status to lure their victims. Of course Neil Fox has not yet been convicted of any offence and denies the allegations made against him.
As abuse specialist solicitors, we are often asked to advise victims abused by perpetrators in positions where they are employed, or under the control of an organisation and have abused an individual as part of their role. Where a perpetrator is employed, or in a position of trust, such as a scoutmaster within the scouts, or a priest within a church, we need to consider whether the employer or organisation maybe what is termed `vicariously liable’ for the wrongdoing. This is often a vexed question and has to be assessed on a case by case basis. The law remains as decided in a 2012 Supreme Court case, known as The Catholic Child Welfare Society. In that case Lord Phillips set out the legal test which must be considered in two stages. The first test is whether the relationship between the wrongdoer and those responsible for employing or engaging them was one that was capable of giving rise to vicarious liability. The second test is an examination of the connection between the wrongdoer, the employment relationship and the wrongful acts they have committed. Within that test there are a number of points that must be considered; the relationship between the abuser and the employer (or organisation responsible); the activity of the employee as part of that business or role; the risk of the wrongdoing; and the extent to which the employee was under the control of the employer or organisation.
In the instance of the DJ, will those who employed them be vicariously liable for the acts of an abuser? Each case turns on its own facts and it is impossible to generalise. Some of the organisations that employed the DJ’s could be facing claims for compensation.
If you were a victim of sexual abuse it is important to seek professional advice from an abuse specialist solicitor. At Robsonshaw, our solicitors have been helping victims of sexual abuse for the past 15 years. To contact us anytime please call us on 01392 345333 or email us at enquiries@robsonshaw.uk for a free, confidential, no obligation discussion.
Category: News Updates