Why Premier League boss accused of sexually abusing teenage girl can’t be named

A Premier League boss has been granted anonymity by the High Court in a case brought against him for the alleged sexual abuse of a teenage girl.

The well-known figure in the English top flight is being sued for aggravated damages by a woman regarding offences which allegedly took place in the 1990s, when she was 15.

He is accused of sexual abuse and “committing trespass to the claimant’s person (assault and battery) and intentionally inflicted injury”, causing the alleged victim psychological harm as a result, as first reported by The Athletic.

The same Premier League executive has also been investigated by the police for other non-recent alleged sexual offences which include allegations of rape and sexual abuse of teenage girls, including at least one other 15-year-old.

This investigation was ended earlier this year with no further action taken, but the case has been left on file.

i explains why the boss has been granted anonymity, what we know about the case so far and what happens if you name the boss.

Why Premier League boss accused of sexually abusing teenage girl has been granted anonymity

This is a civil case, meaning it is brought by a private claimant rather than the government and the Crown Prosecution Service (CPS), and is an issue of liability rather than guilt.

The most common outcome of a civil case is compensation being awarded – criminal convictions and prison time are not possible penalties.

And unlike in criminal cases, where UK privacy laws dictate those arrested but not formally charged should not be named, anonymity is not automatically granted in a civil case.

But in this case, the executive’s lawyers successfully argued that an anonymity order should be used.

A High Court judge ruled that “non-disclosure of the identity of the defendant is necessary to secure the proper administration of justice and in order to protect the interests of the defendant and that there is no sufficient countervailing public interest in disclosure”.

This was the result of European Convention on Human Rights (ECHR) rulings on family and private life, as well as freedom of expression.

Therefore, the executive will be referred to using random letters in court documents and throughout the case.

The victim’s anonymity is also automatically protected as per the Sexual Offences (Amendment) Act 1992, and will be for life unless she chooses to remove it.

What we know about the case against the Premier League boss so far

The Premier League executive is being sued for aggravated damages regarding alleged sexual abuse which took place in the 1990s.

At the time, the alleged victim was 15, which is crucial in why this is a civil and not criminal case.

At the time the 1956 Sexual Offences Act was still in place, which only gave girls between 13-15 one year to make a formal complaint regarding sexual offences.

This legislation was replaced in 2004 by the 2003 Sexual Offences Act, but it still applied to alleged attacks in the previous 48 years.

This meant that when the alleged victim contacted the police in late 2021 to report the alleged offences, she was told she had waited too long and the criminal case was dropped.

She alleges that the rape took place at the Premier League boss’s house.

At least two other woman have filed criminal complaints against the same executive for sexual offences, but the resulting investigations have been closed and kept on file.

The boss is still in place at his club and continues to take an active role, which puts him in potential contact with women and minors.

What happens if you name someone granted legal anonymity

Speculation on social media has already begun regarding the Premier League boss’s identity, yet naming him or the victim could have serious consequences.

Breaches of these anonymity orders can be charged as both criminal offences and contempt of court – something which risks unfairly influencing a court case.

But in general these cases are charged as criminal offences to avoid initiating criminal proceedings, meaning anyone reporting the name could face either significant fines or jail time.



from Football - inews.co.uk https://ift.tt/sk9oeG5

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