Trauma-informed lawyering in the context of civil claims for sexual violence – Journal of Law and Society

Posted May 1st, 2024 in civil justice, compensation, damages, news, sexual offences, victims by sally

‘Over the last decade, there has been an increase in civil compensation claims for sexual violence in the United Kingdom (UK). Given that trauma-informed approaches have been called for in relation to legal responses to sexual violence, we put forward seven key principles of trauma-informed lawyering in this context and draw on interviews with UK-based civil lawyers who represented sexual violence survivors to explore the extent to which trauma-informed work is taking place. While we found that our sample of lawyers typically had a very good knowledge of sexual violence and the trauma that it can cause, there was less certainty about how to accommodate the impacts in practice. Moreover, there was a tendency to prioritize individual healing and medicalize a form of social injustice. We conclude by emphasizing the need for legal training and education on a trauma-informed approach that accounts for the social and political dimensions of sexual violence and trauma.’

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Journal of Law and Society, 29th April 2024

Source: onlinelibrary.wiley.com

Government backs amendment to better protect victims’ counselling records – Ministry of Justice

‘New legislation will provide extra protections for victims’ counselling notes during criminal investigations.’

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Ministry of Justice, 23rd April 2024

Source: www.gov.uk

Woman raped by father wins payout as police finally admit mistakes in four-decade battle for justice – The Independent

‘A woman who was raped by her father has hit out at a catalogue of misogynistic police failings during her four-decade-long fight for justice.’

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The Independent, 28th April 2024

Source: www.independent.co.uk

High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers

‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’

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Garden Court Chambers, 10th April 2024

Source: www.gardencourtchambers.co.uk

Criminal Law Update: Cyber-flashing – Devon Chambers

‘Hetty Summerhayes examines the introduction of the offences of cyberflashing and sharing or threatening to share intimate photographs or film.’

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Devon Chambers, March 2024

Source: devonchambers.co.uk

Criminal injuries compensation and “Daisy’s Law” – 12 KBW Personal Injury Law Blog

‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’

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12KBW Personal Injury Law Blog, 10th April 2024

Source: pilawblog.com

Can AI image generators be policed to prevent explicit deepfakes of children? – The Guardian

‘As one of the largest “training” datasets has been found to contain child sexual abuse material, can bans on creating such imagery be feasible?’

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The Guardian, 23rd April 2024

Source: www.theguardian.com

What is a mistake of fact? – 2 Hare Court

Posted April 24th, 2024 in appeals, chambers articles, mistake, news, sexual offences by sally

‘Inclusion on the barred list(s) may be appealed to the Upper Tribunal if there has been a mistake of law or fact. But just what constitutes a mistake of fact has proved a thorny problem. In particular, to what extent may the Upper Tribunal simply disagree with the DBS’ factual finding and substitute its own judgment?’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Sex offender banned from using AI tools in landmark UK case – The Guardian

‘A sex offender convicted of making more than 1,000 indecent images of children has been banned from using any “AI creating tools” for the next five years in the first known case of its kind.’

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The Guardian, 21st April 2024

Source: www.theguardian.com

Train driver who upskirted female passenger avoids jail sentence – The Guardian

‘A Thameslink train driver who took photos up a woman’s skirt while she was asleep on a train has avoided jail, despite being found guilty of voyeurism.’

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The Guardian, 19th April 2024

Source: www.theguardian.com

Man who raped girl, 15, in Bournemouth sea sentenced to six and a half years – The Guardian

Posted April 22nd, 2024 in child abuse, children, imprisonment, news, rape, sentencing, sexual offences by sally

‘A man who raped a 15-year-old girl who could not swim after taking her out of her depth in the sea off Bournemouth beach has been sentenced to six and a half years’ detention.’

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The Guardian, 19th April 2024

Source: www.theguardian.com

Criminal Cases Review Commission apologises to Andrew Malkinson for handling of case – The Guardian

‘The chair of the Criminal Cases Review Commission has offered an “unreserved apology” to Andrew Malkinson for its handling of his case after he spent 17 years in prison for a rape he did not commit.’

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The Guardian, 18th April 2024

Source: www.theguardian.com

Paedophiles could be stripped of parental rights under new law – BBC News

‘Paedophiles convicted of serious sexual offences could lose parental rights over their children under a new law.’

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BBC News, 17th April 2024

Source: www.bbc.co.uk

What is a deepfake and why does the government want to make them illegal? – The Independent

‘The creation of sexually explicit “deepfake” images is to be made a criminal offence under new legislation, the Ministry of Justice has announced.’

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The Independent, 16th April 2024

Source: www.independent.co.uk

Jail for sex offender given access to child’s data by law firm’s error – Legal Futures

‘A convicted sex offender accidentally given access by a law firm to a vulnerable child’s confidential information has been jailed for six months for not complying with court orders to delete it.’

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Legal Futures, 16th April 2024

Source: www.legalfutures.co.uk

‘Guilty men have got away with it’: fears over rise of ‘sexsomnia’ defence in rape cases – The Guardian

‘Concerns that rare sleep disorder is being used as an ‘escape route’ in sexual offence trials prompt calls for safeguards to protect victims and the public.’

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The Guardian, 14th April 2024

Source: www.theguardian.com

Caldey Island historical child sex abuse review announced – BBC News

Posted April 11th, 2024 in child abuse, clergy, inquiries, news, sexual offences, Wales by sally

‘A Welsh abbey has commissioned an independent review into alleged historical child sex abuse.’

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BBC News, 10th April 2024

Source: www.bbc.co.uk

Rapist who drowned mum is set for release from prison despite whole-life sentence – The Independent

‘The children of a woman killed by a man serving a whole-life sentence have described how the possibility of his release from prison on “compassionate grounds” makes their “blood boil” and would be a “national scandal”.’

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The Independent, 9th April 2024

Source: www.independent.co.uk

Wigan deputy head teacher banned from profession after raping girl – BBC News

‘A primary school deputy head teacher, jailed for child sexual abuse offences including two counts of rape, has been barred from teaching.’

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BBC News, 2nd April 2024

Source: www.bbc.co.uk

Crackdown on ‘gagging orders’ to protect victims’ ability to access support – Ministry of Justice

‘Victims will no longer be prevented from accessing support or legal advice under plans to crack down on the misuse of non-disclosure agreements (NDAs).’

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Ministry of Justice, 28th March 2024

Source: www.gov.uk