Lavinia receives apology and settlement from newspaper

Rape victim Lavinia Kerwick has settled her combined libel, privacy and personal injury proceedings case against the Sunday World newspaper out of court.

It is understood the Kilkenny woman received substantial High Court damages in the settlement along with an apology in court this week.

The newspaper apologised unreservedly for the distress caused by an article published in 2007.

Ms Kerwick was raped when she was just 18 years old in 1991. Following a nine year suspended sentence which the perpetrator received for the crime, she waived her right to anonymity in order to describe the impact of her ordeal on her life.

Along with several other effects, Lavinia suffered from an eating disorder following the rape.

The case was settled ahead of a High Court sitting in Clonskeagh yesterday before Mr Justice Paul Gilligan.

A statement read to the court by Eoin McCullough SC for the Sunday World said, “In December 2007, the Sunday World published an article following the appointment of a man to a school board who had previously been convicted of the rape of Lavinia Kerwick some 16 years previously.

“Lavinia Kerwick had waived her right to anonymity to highlight what she perceived as the wholly inadequate sentence handed down to the perpetrator.”

Mr McCullough said Ms Kerwick’s actions had received widespread support and brought about changes in the law which allowed victims to be heard at sentence hearings and for the DPP to appeal sentences which were unduly lenient.

“The Sunday World has always acknowledged, and now wishes to reiterate, that her actions showed great personal courage and resolve and brought about enormous benefits to victims of rape, the effects of which are still being felt today,” he said.

Mr McCullough said the article in question made reference to some of the difficulties which Ms Kerwick experienced in the aftermath of the case and also passed comment on her circumstances in 2007.

“The article was the subject of considerable distress to Lavinia Kerwick and her son and we wish to apologise unreservedly to Lavinia Kerwick for this and to wish her well for the future,” he said.

Ms Kerwick had sought damages from Sunday Newspapers Ltd over the article which she said defamed her, breached her privacy and inflicted emotional distress on her.

 

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