The recent media coverage in relation to allegations against Mohamed El-Fayed are shocking on multiple counts: the extent of his alleged sexual predation, the apparent culture of fear protecting him, and the failed attempts by heroic survivors to bring him to justice through the criminal process. Following his death last year, an avenue open to survivors may be to pursue his substantial estate for compensation.
Sexual abuse often leads to profound, lifelong psychological injury. Survivors often feel paralysed to speak out about their abuse, let alone confront their abuser and bring them to justice. It is not uncommon for survivors to come forward only after their abuser’s death. Sometimes survivors no longer feel constrained by the fear of the perpetrator’s response, or family loyalties, after the perpetrator has died.
Even after the perpetrator’s death it takes enormous courage for a survivor to come forward. If they have not spoken out before, criminal justice may no longer be an option. They might consider any other legal options available to them. This can take the form of a compensation claim against the estate of the deceased perpetrator.
Survivors of abuse face the endemic problem of the time limit obstacle in English law. Usually, a compensation claim must be brought before a survivor’s 21st birthday, if they were abused as a child. Judges do have the discretion to waive this rule. Whether or not they set aside the issue of limitation depends on several factors:
- The length of the delay in the survivor coming forward.
- Their reasons for the delay.
- Whether a fair trial is possible.
If a perpetrator has been found guilty in the criminal courts before their death, then there is a reasonable prospect of overcoming the time limit rule.
If the perpetrator has not been prosecuted in the criminal courts, then your solicitor needs to explore the evidence available as to whether or not a compensation claim against the estate is viable. For example, I have acted in a case where the perpetrator had written a letter of confession before they died, which was successful. If other members of a family were also sexually abused by the perpetrator, that evidence can be helpful. It is crucial to search forensically for evidence to support your claim.
Case study – Siobhan
We acted for Siobhan who was recently successful in pursuing the estate of her father for serious sexual abuse between 1997 and 2005, when she was between the ages of six and fourteen. The abuse included fondling and kissing, masturbation and oral sex. In total it was estimated that the deceased had committed offences against her on more than three hundred occasions. The majority of the assault occurred at Siobhan’s mother’s home and in the abuser’s caravan. Siobhan was brainwashed into believing that all fathers behaved in such a way towards their daughters and that it was “normal”. In later years, the abuser threatened Siobhan to keep the abuse secret.
When Siobhan was fourteen, she disclosed her father’s abuse to her mother, and the matter was immediately reported to the police. The abuser was arrested and finally stood trial at Southampton Crown Court in April 2007. He was convicted of eleven specimen accounts of indecent assault, sexual activity with a child and causing a child to engage in sexual activity. He was sentenced to a substantial term of imprisonment. Having pleaded not guilty, Siobhan was required to give evidence against him at the trial at the age of sixteen.
Soon after her father’s conviction, Siobhan channelled her energy into campaigning for awareness of childhood sexual abuse and supporting other victim to come forward. She shared her story with media outlets including Cosmopolitan and ITV. She also rang a YouTube channel .
Today, Siobhan runs workshops which help professionals to identify and respond to child sexual abuse. Her start-up, Beam Project CIC, recently won a Stephen Lloyd Award. You can learn more about her work here.
Siobhan’s abuser died in 2020. Unsurprisingly Siobhan had been cut out of her father’s will. Investigations revealed that the abuser’s estate was worth around £550,000. She decided to sue the estate for personal and psychiatric injuries and consequential losses arising from sexual abuse by her father.
A Letter of Claim was sent to the Executors of the estate in November 2021. In the course of the civil compensation claim medico-legal evidence was obtained in the form of a report from a psychiatrist. Siobhan was assessed to have suffered Complex Post Traumatic Stress Disorder and Borderline Personality Disorder, both diagnoses considered to be causally linked to the sexual. The expert’s view was that the abuse had undoubtedly impacted on her academic/career trajectory. It was noted that she had struggled during her university years, and that her profound depression impacted on her focus and concentration so that she was unable to apply herself due to issues with self confidence and self-esteem. While Siobhan had obtained a law degree, she had struggled to achieve employment commensurate with her abilities.
Following a protracted defence of Siobhan’s claim, the Executors finally agreed to deal with it, and after a number of rounds of negotiations, an out-of-court settlement was reached for a five-figure sum.
Siobhan’s comment after her damage's settlement:
“There are so many abuse survivors who don‘t realise that the option of pursuing personal injury compensation is available to them. They may go as far as to read about the time limit online and then give up hope. Whilst the issue of limitation is hugely unhelpful and demonstrates a distinct lack of awareness of how difficult it is for survivors to confront their abusers ‘on time’, there are many cases, such as mine, where it can be set aside… or, at least, where the chances of it being set aside by a judge are enough to secure a settlement. I would like to make one thing clear: there is no absolutely no shame whatsoever in pursuing compensation for what you have endured”.
"During the correspondence, the executors of my father’s estate attempted to shame me for wanting money from a person for whom I had obvious feelings of ‘dislike’ (to put it mildly). This was an unintelligent and, in the circumstances, futile point. Why should survivors of abuse, especially within the family, need to endure the abuse itself and then, to add insult to injury, feel too ashamed to pursue the money that they may be rightfully entitled to under civil law? As if the abuse itself wasn’t enough! So, don’t feel ashamed. Find a solicitor (it may take several tries, as it did for me) who is willing to assess the merits of your claim objectively. I can only recommend Tracey in this regard."
In conclusion
Acknowledging the full effect of childhood sexual abuse can be a painful and lengthy process. A compensation claim can bring some closure and a sense of justice, even after that perpetrator’s death. It should be noted that a claim against an estate is only possible if the estate is of reasonable value, so that there is sufficient money to pay the compensation.
Each person’s circumstances are different and would need to be carefully considered to assess whether a compensation claim against an estate would be worthwhile. Should such a claim be something you or your loved ones would like to explore, feel free to contact me, I would be pleased to assist.
