Russell Brand and David Walliams: Why recent sexual abuse allegations underline the importance of listening to survivors

Russell Brand has been sentenced to 10 years and six months in prison after being convicted of one count of rape and three counts of sexual assault. The offences involved four women and took place between 2004 and 2009. He was acquitted of three other charges.  The Metropolitan Police has since confirmed that several people have contacted its investigation team with further information or potential criminal allegations. Separate investigations into allegations of rape made by two other women were already ongoing. 

At the same time, serious allegations have emerged concerning David Walliams following a three-year investigation by ITV News and The Guardian. Women have made allegations concerning sexual misconduct and the abuse of power, including allegations relating to interactions when they were teenagers.  David Walliams denies the allegations and has said: “I am not a sexual predator... I have not broken the law.” 

It is important not to conflate the two situations. 

In Russell Brand's case there have been criminal convictions following a trial. The allegations concerning David Walliams have not been established in criminal proceedings and are denied. But both stories raise a broader issue I encounter repeatedly in my work representing survivors of sexual abuse: why can it take so long for people to speak about what happened to them?

Why survivors may take years to come forward

There is no standard response to sexual abuse. Some people report what has happened immediately. Others may take years, sometimes decades, before they feel able to tell anyone. There can be many reasons for that. A survivor may feel shame or embarrassment, fear they will not be believed, blame themselves for what happened, worry about the consequences of speaking out, or simply not be ready to confront their experiences.

Where the person accused of wrongdoing is famous, influential or in a position of power, those difficulties can be magnified.

One of the important messages arising from recent cases is that a delay in reporting sexual abuse does not, by itself, mean that an account is untrue. As an abuse lawyer, I regularly act for people discussing events which happened many years earlier. What is striking is how often survivors describe spending years trying to put what happened behind them before something eventually prompted them to speak. Sometimes that catalyst is seeing another person come forward.

The significance of others speaking out

Following Russell Brand's conviction, police have confirmed that further people have contacted investigators with information or potential allegations. That is something we commonly see when allegations involving a prominent individual or institution enter the public domain. Media coverage can be extremely difficult for survivors. However, it can also allow someone to recognise aspects of their own experience in somebody else's account and understand that they are not alone. It is therefore vital that people who do come forward are treated sensitively and given access to appropriate support.

Criminal proceedings are not the only route available

For survivors, reporting abuse to the police may be an important step, but it is not the only option.

A criminal conviction is not necessarily required before someone can consider pursuing a civil claim. The criminal and civil justice systems perform different functions and apply different tests.

Civil claims can, where appropriate, provide compensation for the abuse itself, psychiatric injury and associated financial losses, contribute towards the cost of specialist treatment and therapy, and investigate whether an organisation or employer may bear responsibility for what happened.

Non-recent cases can raise complicated legal questions, including issues surrounding limitation and the availability of evidence. However, the fact that abuse happened many years ago does not necessarily prevent a survivor from seeking legal advice or bringing a claim.

Survivors should know that support is available

High-profile cases inevitably generate considerable public discussion, but behind the headlines are individuals having to speak about intensely personal experiences, which should never be forgotten. 

For more than 16 years I have represented survivors of sexual and physical abuse, including people bringing claims many years after the events concerned. One thing I have learned is that there is no "right" time for somebody to disclose abuse.

For anyone prompted by the recent coverage to think again about something that happened to them, the important message is that they do not have to deal with it alone.

Speaking to a specialist abuse lawyer confidentially does not commit someone to taking legal action. It can simply help them understand their options and decide, in their own time, what they want to do next.