Rape as trespass to the person

Question 1

What sexual offences are covered in tort?

Answer 1

Rape, assault by penetration and sexual assault are all covered by the tort of battery.

Damages are awarded in relation to the harm

Question 2

Miss M

Answer 2

Rapist criminal case found ‘not proven’ in scotland,

Awarded £80,000

Question 3

Lawson v Glaves-Smith, Executor for the Estate of Dawes

Answer 3

Series of sexual assaults over three days

Awarded £260,000 - failed business

Question 4

Criticism of finding rape in civil

Answer 4

Stuart Waiton (The Herald):

• double jeopardy
• ‘Victorian values’… Miss M first in 100 years
• says no concrete evidence
• Scottish government funding rape cases through the back door

Luke Gittos (Spiked):

• “terrible development”
• only because judge’s are motivated by #metoo
• defendant’s set up to fail
• critical of lack of jury