Lawyer urges women to sue their abusers for damages

Attorney Tracey Lomax-Nixon has urged women to sue their abusers for damages.

The call for action follows the scourge of femicide and the news of Uyinene Mrwetyana's murder this week.

Lomax-Nixon is also calling on insurers to develop a product aimed at funding medical and legal bills linked to gender abuse.

She says very few cases result in convictions and that there has to be a way to protect survivors.

We have been discussing for a while the idea of dilectual damages because sexual assault is assault.

Tracey Lomax-Nixon, attorney

The criminal justice system is not the best place to deal with gender-based violence and sexual offences because the criminal justice system is accused-centric, it centres the right of the accused to a fair trial and the presumption of innocence. The corollary of that is that the survivor is treated like just any witness, there is no protection against re-traumatisation...

Tracey Lomax-Nixon, Attorney

There has got to be a way to do this where the rape survivor can be protected and be part of the process rather than just a witness.

Tracey Lomax-Nixon, Attorney

Just as you can sue somebody who punches you, you can sue somebody who rapes you in civil courts for damages.

Tracey Lomax-Nixon, Attorney

She says this method of justice has been tried before and that there is a precedent for it. Lomax-Nixon says, however, there are positives and negatives to it.

The positive is that the survivor would be the plaintiff and the plaintiff drives the action.

Tracey Lomax-Nixon, Attorney

Because the accused is not facing incarceration or imprisonment, his rights are not as stringently protected as they are in a criminal hearing.

Tracey Lomax-Nixon, Attorney

The downside is that claims prescribe after three years and once your claim has been prescribed you can never revive it.

Tracey Lomax-Nixon, Attorney

The other difficulty is that not all of the accused people are going to have the funds to pay damages.

Tracey Lomax-Nixon, Attorney

We may well be getting empty judgments but those judgments are still empowering for a woman, it is still a judgment where a court has said: 'I believe you.'

Tracey Lomax-Nixon, Attorney

She explains how a judgment of this nature will affect the accused.

It has the same effect as any judgment on your credit rating and depending on how it is captured, sometimes they capture the cause of action. So the cause of action may come up on your credit bureau history. That may affect your affordability.

Tracey Lomax-Nixon, attorney

Click on the link below to hear more...


Recommended

by NEWSROOM AI
Read More
Five men nabbed for child pornography in Gauteng appear in court

Five men nabbed for child pornography in Gauteng appear in court

Joanne Joseph spoke to colonel Brenda Muridili to find out more about the operation.

[LISTEN] 'Discovery judgment is operating in terms of the law'

[LISTEN] 'Discovery judgment is operating in terms of the law'

Prof Alex van den Heever explains a recent ruling in the case of a glaucoma patient who took on Discovery.

FW de Klerk withdraws and apologies for offensive apartheid remarks

FW de Klerk withdraws and apologies for offensive apartheid remarks

Former UN high commissioner for human rights Judge Navi Pillay says the ICC has jurisdiction from when SA signed Rome Statute.

OR Tambo introduces new bag collection service in Johannesburg

OR Tambo introduces new bag collection service in Johannesburg

Joanne Joseph spoke to BagPortr founder Juan van Rensburg to find out more and whether this will work.

SAB launches Zenzele Kabili scheme

SAB launches Zenzele Kabili scheme

The old scheme Zenzele BB-BEE scheme is winding down in April and it has generated almost R14 billion in value for South African.

UKZN staff suspend picket as university calls for talks

UKZN staff suspend picket as university calls for talks

EWN reporter Nkosikhona Duma says the SRC has reached a deadlock with the university management over historical debt.

Popular articles
[VIDEO] Risky Tik Tok skull-breaker game is causing ruckus on social media

[VIDEO] Risky Tik Tok skull-breaker game is causing ruckus on social media

Khabazela shares some of the videos that went viral on Twitter and Facebook.

[WATCH] SA teacher in Korea showing pupils how to gumboot dance goes viral

[WATCH] SA teacher in Korea showing pupils how to gumboot dance goes viral

Khabazela shares some of the videos that went viral on Twitter and Facebook.

[WATCH] 'You are having another baby, when did you guys have sex?'

[WATCH] 'You are having another baby, when did you guys have sex?'

Khabazela shares some of the videos that went viral on Twitter and Facebook.

 Sassa is a good contract for Post Office - Acting CEO

Sassa is a good contract for Post Office - Acting CEO

Ivumile Nongogo refutes reports that social grant distribution by the SOE is a burden to the company.

'Problems at Eskom boils down to loss of technical and engineering skills'

'Problems at Eskom boils down to loss of technical and engineering skills'

Primaresearch director Shamil Ismail reflects on what is going on at the power utility and why load shedding is here to stay.

Jack Parow talks money, honey

Jack Parow talks money, honey

Jack Parow tells The Money Show how he runs his finances cooler than you.

'Life is short, have an affair' - this company makes millions out of skelmpies

'Life is short, have an affair' - this company makes millions out of skelmpies

Ashley Madison has 60 million members globally and has turned infidelity - cheating on a partner - into big business.

 Top 3 stocks of the week: African Rainbow Capital, Sasol and Reckitt Benckiser

Top 3 stocks of the week: African Rainbow Capital, Sasol and Reckitt Benckiser

FNB's Chantal Marx on her stock picks of the week and why.

 Anglo Platinum's CEO steps down - why?

Anglo Platinum's CEO steps down - why?

Chris Griffith is stepping down as Anglo Platinum's CEO.

Five men nabbed for child pornography in Gauteng appear in court

Five men nabbed for child pornography in Gauteng appear in court

Joanne Joseph spoke to colonel Brenda Muridili to find out more about the operation.