Lorraine Miles And Kenneth Cain

This extraordinary case has not been widely reported, but see for example the Glasgow Herald, December 13, 1989.

Two days before Christmas, 1985, Lorraine Miles visits physiotherapist Kenneth Cain for treatment. She is driven by her father, who leaves her there, returning shortly. On January 10, 1986, Mr Cain is arrested; she had told the police he had inserted his fingers into her vagina and her rectum, then had both raped and buggered her before attempting to force her to fellate him.

In April 1986, the authorities decide not to prosecute; she sues him, and in November 1988, the High Court (sitting at Chelmsford) and presided over by Mr Justice Caulfield finds for the plaintiff, awarding her 25,108 damages. (Not a lot for a genuine rape). This is said to have been the first time (in England) that an alleged rape victim had been awarded damages in the civil courts when her assailant had not been convicted in the criminal courts.

However, in December 1989, the Court of Appeal presided over by the Master of the Rolls quashed the rape finding. Mr Justice Caulfield, was said to have been swayed by emotion. The defence evidence appears to have shown her claims could not have been true, however sincerely she believed them. The full judgment is given below.

I received this in rich text format, and before converting it to PDF made one very small correction: on page 28 the word announces was originally misspelt anounces.


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