Our thanks to Alan for this in the Irish Times. An extract from the lengthy article:
“Following the Garda investigation into Hand’s claims, a file was sent to the Director of Public Prosecutions (DPP) who decided in June 2020 there was insufficient evidence to prosecute. Hand, with the support of Dublin Rape Crisis Centre, sought a review but the decision was upheld.
The DPP, who carried out the review herself, told Hand a high standard of proof, beyond reasonable doubt, applies in a criminal case and she considered there was “no reasonable prospect” of conviction of either McGregor or Lawrence. [J4MB emphasis.]
It was a complex case, she wrote, there were issues related to corroboration of Hand’s account, the amount of alcohol and drugs consumed and CCTV evidence which, the DPP said, would not tend to support evidence in relation to Lawrence.
Another complication was Lawrence’s claim to have had consensual sex with Hand after she was allegedly raped by McGregor, the DPP said.
McGregor being a well-known figure was not a factor in her decision, the director assured Hand.
Hand, who described herself as “completely devastated” at the DPP’s decision, initiated her civil case seeking damages against McGregor and Lawrence in October 2020.”
Alan writes:
“Famous sports stars being sued for rape after women go with them to their hotel rooms late at night seems to becoming quite common. Some other surprisingly common features are the fact that there were several people present and only one of the people present claimed anything untoward happened.
Its impossible to know for certain what happened but it seems amazing to me that the woman would be believed above two men’s testimony and when her friend saw nothing untoward. It’s particularly odd when the other man involved was found innocent. There are also some quite odd aspects to her story.
This sort of civil case when what someone has been accused of rape but the case is too weak for a criminal prosecution is intrinsically abusive. [J4MB emphasis: Agreed.] The stigma of being a rapist is such that it is life changing simply to be accused, to be found guilty even in a civil court totally devastating.
How much confidence did the jury have in deciding as they did? I suspect that none of them felt he was guilty with any certainty yet he now faces many of the consequences of a criminal conviction that should be decided beyond doubt.
I don’t think civil damages for rape should be possible to be claimed without a criminal conviction. [J4MB emphasis: Agreed.]”
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