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Debaleena Dasgupta, a solicitor at Fisher Meredith, the London firm, acted for a woman who was raped four years ago. The Criminal Injuries Compensation Authority (Cica) decided that, in her case, the standard award of £11,000 be reduced by 25 per cent, because of alcohol consumption. Cica accepted the appeal and awarded the full sum.
What were the main challenges in and the possible implications?
According to Cica regulations, it is entitled to reduce any awards for consumption of alcohol. The challenge was to find grounds for a potential judicial review. It occurred to me that the application of the regulations was potentially indirect sex discrimination. If we won the judicial review it would have set a precedent to prevent it happening again; if we lost, Cica could have continued to reduce payments with lawful authority. It was a high-risk strategy. The authority settled immediately and after being questioned by the press stated that reducing payments to rape victims had never been its policy and it was a mistake. The 14 others last year were also mistakes, apparently.
What was your worst day as a lawyer?
The day legal aid firms had to sign the Legal Services Commission’s unified contract, provisions of which have been declared illegal. I was proud that our firm refused to sign. Nevertheless, that Friday I left the office not knowing if we would still have our jobs on Monday.
What was your most memorable experience as a lawyer?
When a trainee in the crime department, I was sacked by a client and reinstated three times — while in court.
Who has been the most influential person in your life?
My parents. They taught me to fight for what I believe in. My colleagues Stefano Ruis, Andrew Arthur and Shamik Dutta make me a better lawyer.
Why did you become a lawyer?
People who take advantage of others and breach their trust upset and anger me, and it is worse when it is an authority taking advantage of an individual. I needed a job where I could fight abuse of power for voiceless individuals, and expend as much righteous anger as possible so I’m not a nightmare at the weekends.
What would your advice be to anyone wanting a career in law?
If you want to work in human rights/civil liberties, you need determination, a dark sense of humour and to accept that you will be paid less than commercial lawyers and probably your hairdresser.
Where do you see yourself in ten years?
I really hope that I will still be doing this job, but the Government’s “reform” of legal aid (for which read cuts) will mean that it will be much harder to provide high-quality legal assistance for the most vulnerable clients who desperately need it.
l_tsang@hotmail.co.uk
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I think it reasonable to say alchohol may cause a woman to consent to sex in circumstances where she may not have done so if not under the influence of achohol. But this does not make a man a rapist. This is the usual one way approach of sex discrimination that some consider politically correct.
William, London,
Great work Debaleena, you should be really proud of making a difference not just for this woman, but so many others who have been in her position. Well done.
Paul, Birmingham, UK
Nick P, London is able to judge a case and find the man innocent without hearing the evidence. Knowing that women who have a drink can be raped with impunity is great if you never have a mother, sister, wife, daughter, niece, or a woman friend. Good luck on that working out for you, Nick.
hpicot, Haymarket VA , USA
Nick P, you (and all your misogynistic ilk) are the one who should be ashamed. No-one "assumes rape", victim-blaming is a low, cheap trick. She was drunk and horny, she asked for it, yadda yadda. Rapists' favourite song.
What about the amount men drink? Double standards ahoy!
Rufus, North of London, UK
Nick P....there is not enough information in the article for you to come to your conclusions. Yes, your scenario has no doubt happened, but your assumptions make you just as bad. One HOPES that all evidence was considered before the judgement was made, but yes it does not always happen.
David, Bathurst, Australia
An admirable lawyer in my opinion- well done !
Sara, London, London
Have you seen the amount women drink on a night out?
Hungover in the morning with no memory the assumption is rape when there is every reason the so called victim did not drink responsibly and was horny as hell after being blind drunk.
Debaleena Dasgupta you should be ashamed !
Nick P , London,