William Hay

A sexual assault victim who was being sued by A Man for publicising her claim that he attacked her has won her case.

Nina Cresswell, 33, claimed Tattoo Artist William Hay violently attacked her in Sunderland in 2010 after they met in a nightclub.

Mr Hay, from Glasgow, launched a libel case claiming she was lying.

However, a High Court judge ruled that on The Balance of probabilities Ms Cresswell was attacked and publicising it was in the " public interest".

The case was heard by Mrs Justice Williams at The Royal Courts of Justice in February.

Ms Cresswell, then a 19-year-old second-year student at Sunderland University, reported The Attack to Northumbria Police shortly after it happened in the Early Hours of 28 May 2010.

She Said detectives told her it would be difficult to prove as she had been drunk and gave conflicting descriptions of The Colour of her attacker's beard.

No police action was taken but in 2020, inspired by the #MeToo movement, Ms Cresswell shared her experience online.

Mrs Justice Williams heard that she had published a blog, two Facebook posts, an Instagram post and sent a Facebook message, and an email, to Mr Hay's girlfriend and business partner.

Mr Hay had recalled the two " almost kissed" as they left the nightclub, but denied sexual assault.

He argued that the publication of allegations had caused him " great embarrassment, distress and damage to his reputation" and was seeking damages.

Ms Cresswell, from north-east England, said she wanted to create a " legal first" that it was in The Public interest for People to be able to discuss their experiences of sexual violence online without fear of being sued.

Following the ruling, She Said : " I Am hugely relieved and delighted at The Judgment and I can't believe that I Am finally free to speak The Truth about The Man who attacked me.

" My only motivation throughout has been to protect other women from risk and I Am confident this judgment will help others to do the same. "

The Judge found that Ms Cresswell's allegation she had been violently sexually assaulted was " substantially true".

She dismissed Mr Hay's denials that The Attack took place and ordered him to pay Ms Cresswell's legal costs.

The Judge also found that Ms Cresswell held a " reasonable belief" that it was in The Public interest to publish the allegation because of the " deficient and superficial" approach of The Police and her need to safeguard other women from assault by Mr Hay.

She Said that Ms Cresswell believed she was acting in The Public interest because of the " prevalence of sexual abuse committed in the tattoo Industry , which at the Time Was a matter of significant public concern" with the issue later becoming known as " Tattoo MeToo".

The Judge also considered Ms Cresswell's beliefs that there was a " need to protect women from sexual abuse and the failure to prosecute sexual abuse cases".

She concluded: " I accept that each of these topics is clearly a matter of public interest. "

It is the First Time that a public interest defence under the Defamation Act of 2013 has succeeded when an abuser has sued a victim for libel.

Tamsin Allen, partner at Bindmans Law Firm - which represented Ms Cresswell, said The Judgement gave much-needed support to women who " seek to name their attackers to protect others".

Giving evidence during the hearing, Ms Cresswell said: " I also told a mutual friend at The Time [about what had happened] who approached Billy about The Incident at a tattoo convention.

" They told me He Said he was drunk and can't remember. Played it all down.

" For me, telling my story to those in and involved in the tattoo Industry - People I thought I could Trust - did nothing.

" As much as it angers me, I don't blame the silent ones.

" I know People still find it hard to call out rapists and sexual abusers, or even just have nothing to do with them, especially if said abusers are popular.

" Some tattooists are maybe frightened it could jeopardise their careers, or they just want an Easy Life .

" I'm not angry with them. But I cannot have anything to do with these People . "

Ms Allen added: " It is The First such judgment, clarifying The Law for victims of assault who have been silenced by their abusers and failed by The Police .

" It is powerful testament to The Bravery of Ms Cresswell in defending The Claim over two years at huge personal cost and underlines calls for reform in libel law so that public interest publications can more easily be defended. "

Emma Dearnaley, legal director of The Good Law Project, which supported Ms Cresswell, said: " This is a very important win, both for Nina and for other victims of sexual violence who face being sued for speaking out.

" We Are very proud to have stood shoulder-to-shoulder with Nina.

" Women should not be silenced for speaking out against violence. "

Source of news: bbc.com