Allegations Of Predatory Behaviour Emerge Against ‘Untouchable’ West Ham Owner And Former Tabloid Boss David Sullivan

The Allegations

The Times has published serious allegations of sexually abusive behaviour dating back decades against the West Ham owner and former tabloid boss David Sullivan. David Sullivan was ‘untouchable’. Now seven women are speaking out

Sullivan is accused of ‘casting couch’ type behaviour including abusing his position to have sex with three women and predatory behaviour involving four others. Some of the women who have spoken out were in their late teens at the time of the alleged incidents. Sullivan has denied the allegations.

Women describe being invited to Sullivan’s Essex mansion to discuss modelling for his publications. They believed that they would be asked to show their portfolio of photographs and discuss work opportunities. Instead, they allege that Sullivan asked for or pressured them into sex with him.

According to the Times, eight women have reported Sullivan to the police. Questions have been asked about what the Football Association and the club knew about the allegations and when, and what action they took. The police have come under similar scrutiny, given that Sullivan was arrested and interviewed in 2008 regarding an allegation of non-consensual sexual touching and that further allegations were investigated in 2021 and 2023. In 2023 a victim was told that there were ‘multiple matters with multiple victims’ under investigation but was then advised six months later that no further action was being taken.

Reporting Sexual Offences To The Police

There are no time limits for reporting sexual offences such as rape and sexual assault to the police. Following a report to the police, women should be assigned a specialist police officer with training in sexual offences. However, many women find that responses from the police can be inconsistent and that their accounts, which take enormous courage to tell, are not always handled with the sensitivity and compassion they expect. Guidance is available from Rape Crisis as to what victim/survivors can expect from the police and how they can be supported during the process: Reporting to the police | Rape Crisis England & Wales

Threats of legal action against complainants

It is never easy for a woman to come forward to speak out about or report an alleged sexual assault, particularly where the alleged perpetrator is a powerful and well-connected individual.

Sometimes alleged high-profile perpetrators suggest that they will take legal action against the victim (or any media source that publishes their story) in relation to ‘defamatory’ allegations. It takes enormous courage for a victim/survivor to pursue legal action of their own in the face of an individual who can pay for expert reputation management services, and the balance of power can seem strongly tipped in the alleged perpetrator’s favour. However, it is always worth seeking legal advice as to how well-founded any threats of libel action are and there are strict rules for solicitors around bringing or threatening claims to intimidate a victim/survivor from pursuing a legitimate claim of their own or exercising their right to freedom of speech. SRA | Strategic Lawsuits against Public Participation (SLAPPs) - Warning Notice | Solicitors Regulation Authority

Other avenues of legal redress

Victim/survivors of sexual assault often have a civil claim for damages against the alleged perpetrator, and there is no requirement for a victim/survivor to have reported the matter to the police to pursue a claim.

Whereas a report to the police leaves action in the hands of the police and the Crown Prosecution Service, in a civil claim the responsibility for action lies in the hands of the victim/survivor and their legal representative.  When I first speak to a client who has been the victim of sexual assault, their primary motivation in speaking to a solicitor is almost always to prevent the perpetrator from subjecting another person to the same. A civil claim can only deliver financial compensation but given the difficulties with bringing a successful criminal prosecution, it can provide a route to accountability and recognition of the damage that has been done to victim/survivors, their relationships, and their careers. Damages are usually claimed for any psychiatric injury sustained because of the assault, the cost of specialist trauma therapy and financial losses sustained such as an interruption to or loss of earnings.

Civil claims should usually be initiated within three years of the assault complained of, but the Court does have discretion to allow claims to proceed outside of this time limit. It is not unusual for victim/survivors of sexual assault to wait years before speaking out, due to perceived shame and other psychological barriers. Furthermore, the law is changing to provide for no time limit at all in respect of victims who were under the age of 18 on the date of assault. However, it is always prudent for a victim/survivor of abuse to seek legal advice as soon as they feel able to, to ensure that their claim will not be prejudiced in any way by the passage of time.

Civil claims are usually funded on a ‘no win, no fee’ basis meaning that it is possible for a victim/survivor to initiate and pursue a claim without needing to make any payments up front or during the lifetime of the claim. In a successful claim, their legal costs are usually recoverable from the perpetrator on top of any damages awarded. In an unsuccessful claim, no legal fees are payable. Specialist litigation insurance is available with a self-insured premium deferred until damages are paid to protect a claimant from any other potential costs liabilities.

Where an assault has been reported to the police and there is medical evidence of injury, it is possible to make a claim for compensation to the Criminal Injuries Compensation Authority (CICA), which should be done within 2 years of the assault: Criminal Injuries Compensation Authority - GOV.UK. The CICA Scheme provides compensation based on a set tariff according to the injury sustained. It is designed to be accessible to individuals without the assistance of a solicitor, however CICA decision making can be slow, and victim/survivors are usually able to recover a higher level of compensation by pursuing a civil claim if that is viable.

For any queries regarding this article please contact Claire on ceg@deanwilson.co.uk