The Cornell Case - how a criminal conviction is not the only route to justice for a survivor.
The Cornell Case - an example of how the lack of a criminal conviction is not the end of justice process for a survivor.
As you may have seen across social media, further information regarding the Cornell case has been released to the public.
The case concerns a former female student from Cornell University who alleges that she was drugged and raped by multiple men when visiting a fraternity house in America in October 2024.
The survivor reported the incident to Cornell University police three weeks after the assault. However, none of the men were charged with any offences. Two of the men were expelled from the University and five of the men were required to participate in workshops and write essays on their actions.
The survivor of this case has now filed a lawsuit for compensatory and punitive damages against Cornell University and the perpetrators.
The Cornell Case demonstrates the challenges faced by survivors of sexual assault, particularly where the perpetrator is not criminally convicted for the assault. It is important to analyse how this case is applied in England and Wales.
In England and Wales, a criminal conviction is not the end of justice process for a survivor.
There are other potential routes to gain access to justice and compensation.
A civil claim for damages can be brought against the alleged perpetrator. In order to pursue a claim for damages against an individual, you must be able to show that the individual has sufficient funds to meet any judgement for damages and costs awarded against them.
Alternatively, a civil claim for damages can also be brought against an institution. They may be held liable on the basis that the institution failed to fulfil their legal obligations to protect the survivor.
Another route to access compensation would be through a claim to the Criminal Injuries Compensation Authority, also known as a CICA claim. This is a statutory scheme funded by the government to compensate eligible survivors of a violent crime. Similarly, like the Cornell case, the assault must be reported to the police for a CICA claim but the conviction of the perpetrator is not required.
The options described in this blog highlights how civil and CICA claims play a vital part in receiving justice. Particularly in how these claims can provide compensation for personal injury, such as psychiatric injury and financial losses.
How Jordans Solicitors can help
If you are a survivor of physical or sexual abuse, Jordans Solicitors have the knowledge and experience to advise you on the available options for pursuing a Criminal Injuries Compensation Claim and/or a civil damages claim.
You can speak to one of our specialist abuse lawyers in confidence by telephoning 0800 9555 094 or 0330 3001 103 or request a call back here.