A woman who was sacked after accusing a colleague of rape has been awarded criminal injuries for the attack.
Jan Cruickshank never gave up her fight for justice – and may now have her case reopened by police.
Her ex-colleague was questioned after the incident seven years ago but was not charged.
After a ruling by the Criminal Injuries Compensation Authority (CICA), the 57-year-old is to report the matter again and Police Scotland last night said any fresh information would be investigated thoroughly.
Jan, from Aberdeenshire, said: “After battling for some kind of justice for years, this decision means a lot to me.
“When I opened the letter from CICA, I cried in relief. I felt that at last someone in the system had believed me.”
Denise Clair, victim of footballers David Goodwillie and David Robertson, was also let down by the criminal justice system but a civil action against them saw her awarded damages and both men branded “rapists” by a judge in 2017.
Jan said: “CICA doesn’t carry the weight of the court but it has to believe your story to make the award and that validation when the criminal justice system has failed you is massive.”
CICA had previously awarded Jan a four-figure sum in compensation, acknowledging she had suffered a serious sexual assault.
But, inexplicably, it went on to suggest she had consented to intercourse immediately after that assault.
Jan has been fighting the decision for years and has finally succeeded, with backing from the Scottish Women’s Rights Centre (SWRC), which supports women who experience gender-based violence.
She said: “I am forever grateful for the support from SWRC.”
CICA now accepts Jan was raped and has reassessed her compensation to the £11,000 it pays to victims of rape.
However, it has deducted £5,000 in the belief that her employer at the time, the Construction Industry Training
Board (CITB), had paid Jan that sum as compensation for the rape.
Jan said: “I will battle on until CICA gets it right. CITB did not believe I was raped and sacked me.
"The settlement I received was about treating me appallingly, not compensation for rape.”
Jan’s former colleague also sent her a sexually explicit photo, which she reported to CITB and to police.
He was charged but the fiscal decided it was not in the public interest to prosecute him.
Her complaints led to her being sacked while her colleague was disciplined over misuse of equipment but kept his job.
Jan was diagnosed with PTSD and took CITB to a tribunal. The firm eventually paid a sum that left Jan with £50,000 after tax.
Carolann Vallely, of SWRC, said: “We are delighted. This decision represents an alternative form of justice for Jan, with her experience finally acknowledged.”
CITB said: “We cannot comment on the actions of CICA.”
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