Allegations of sexual abuse made against the late ex-Harrods owner Mohamed Al Fayed

Allegations have been made and reported that the late Mohamed Al Fayed sexually abused dozens if not hundreds of women.

The billionaire businessman died in 2023.

A BBC investigation into allegations of rape and attempted rape by Mohamed Al Fayed, the former owner of Harrods, exposed numerous allegations of sexual abuse. This has attracted considerable publicity.

It has emerged in the wake of the documentary that allegations were reported to the police when Al Fayed was still alive, but he was not prosecuted, apparently, on the advice of the Crown Prosecution Service.

The case has been likened to that of the late Jimmy Savile the infamous entertainer. Countless allegations of sexual abuse on his part scanning several decades emerged in the wake of his death. Allegations had been reported to the police in his lifetime but he was not prosecuted.

There are obvious similarities on the basis of the allegations, but we turn to the legal options for the victims and survivors because compensation was obtained for the Savile victims, and in a sense this provides a useful precedent.

A criminal case cannot be pursued for the obvious reason Al Fayed is dead, but victims and survivors maybe able to pursue a civil claim. The emphasis is on maybe, because there are legal hurdles to overcome in order for a claim to be successful.

Al Fayed cannot be sued because he is dead, but if his estate has not been wound-up it could be.

Likewise any business that employed Al Fayed for example as a company director could be sued, provided that it was in that capacity that he sexually assaulted for example an employee, and there was a connection between this and his duties.

For example a teacher that sexually abuses one of his/her pupils then the employer would be liable. This is a legal principle known as vicarious liability.

Victims and survivors need to be mindful of the Limitation Act 1980 which lays down that claims for compensation arising out of personal injury must be brought before a court within 3 years of the accident or in the case of sexual assault when it occurred. Failure to do so affords a defendant for example an employer with a defence: the claim has been made out-of-time and should be dismissed.

A court has a discretion to dis-apply the time bar if it is fair to do so, and that means fair both to the victim and the defendant. Moreover, the reasons on the part of the victim coming forward out-of-time must be objectively reasonable.

It is not uncommon for victims to come forward after the abuser (or alleged abuser) has died. Unless the abuser has confessed and/or been convicted of the sexual abuse the courts are very reluctant to allow claims to proceed out-of-time . The simple reason being that the alleged abuser cannot be questioned and so a fair trial is impossible, but that is not always so.

We have succeeded, sometimes against the odds, where the alleged abuser has died in circumstances where they have not been prosecuted and/or convicted, and this has been where there was substantial circumstantial evidence pointing to their culpability.

To succeed therefore with a civil claim the victim or survivor must prove that:

They were sexually abused;
The entity they are suing is legally liable for the sexual abuse;
They have suffered injury as a result of the sexual abuse; and
If the time bar is raised as defence that it is fair that the claim should proceed regardless.

These are significant legal hurdles to overcome, and are present in the vast majority of cases which is why specialist legal representation is needed.

Podcasts on the story

Episode 267: Unveiling the allegations against Mohammed Al-Fayed

In a recent episode of HJ Talks About Abuse, Kathleen Hallisey and Hannah Hodgson delved into the serious allegations against Mohamed Al Fayed, the former owner of Harrods. The discussion was timely, coinciding with news reports and a BBC documentary shedding light on the accusations of rape and sexual assault by Al Fayed against over 20 female ex-employees of Harrods.

Key points from the discussion include:

Allegations: The allegations against Al Fayed are grave, involving more than 20 female ex-employees of Harrods who have come forward to pursue claims for compensation.
Abuse of power: The case exemplifies the abuse of power, with witnesses suggesting that Al Fayed’s actions were an open secret within Harrods, pointing to a culture of fear and silence that allowed such abuses to continue unchecked.
Institutional response: The discussion touched on the response by Harrods’ current owners, who expressed being appalled by the allegations and offered apologies to the victims, highlighting the complexities of addressing historical abuses within institutions.
Legal and social implications: Kathleen and Hannah emphasised the importance of survivors coming forward, despite the challenges, and discussed the legal avenues available for seeking justice, including the discretion courts have in allowing cases to proceed despite time limits.

The conversation underscored the broader issue of sexual assault and abuse of power in the workplace, encouraging survivors to seek help and advice, and stressing the importance of institutional accountability in preventing and addressing such abuses.

Episode 268: Exploring the Al-Fayed case: Legal challenges and survivors’ rights

In this episode, Alan Collins, the head of the abuse team at Hugh James, discusses the troubling allegations against the late Mohammed Al-Fayed. Known for his ownership of Harrods and his omnipresence in the media, Al-Fayed has been accused of sexually abusing numerous women. Alan explores the similarities between Al-Fayed’s case and that of the infamous Jimmy Savile, and the potential legal avenues available for survivors seeking justice.

The discussion highlights the complexities of pursuing civil claims against deceased abusers, the principles of vicarious liability, and the challenges posed by the Limitation Act 1980. Alan underscores the importance of specialist legal representation to navigate these hurdles and ensure that survivors have a fair chance at justice.

If you are a survivor or have questions about the topics discussed, the Hugh James team is available for confidential consultations. Thank you for joining us on this latest episode of H.J. Talks About Abuse.

Compensation for sexual abuse victims is categorized into two main types: general damages and special damages.

General damages address the actual psychological and physical harm endured, including any resulting illnesses or limitations in mental and physical capacity. This compensation aims to acknowledge the direct impact of the abuse on the victim’s well-being.

Special damages, on the other hand, cover financial losses incurred as a result of the abuse. These may include:

Lost wages due to time off work
Costs of therapy or counselling
Expenses for medical treatment
Projected future therapy costs

To determine the appropriate compensation for special damages, a solicitor will work closely with the victim to calculate and document all relevant financial losses. This process ensures that the victim receives fair compensation for both the immediate and long-term financial impacts of the abuse.

Yes, you can still pursue a sexual abuse compensation claim even if the police did not prosecute the case. It’s important to understand that criminal proceedings and civil claims operate independently and have different standards of proof.

In criminal cases, the prosecution must prove guilt “beyond reasonable doubt,” which is a very high standard. Sometimes, there may not be enough evidence to meet this threshold, leading to a decision not to prosecute.

However, civil claims for compensation use a lower standard of proof known as “balance of probabilities.” This means we need to show that it’s more likely than not (over 50% likely) that the abuse occurred and caused you harm.

Key points to consider:

The decision not to prosecute does not mean the abuse didn’t happen or that you weren’t harmed.
Any evidence gathered during the police investigation may still be useful for your civil claim.
There are often valid reasons why criminal cases don’t proceed, such as lack of physical evidence or witnesses, which don’t necessarily impact a civil claim.
Your testimony is crucial evidence in a civil claim and will be given serious consideration.
We can gather additional evidence to support your claim, including medical records, psychological assessments, and expert testimony.

Remember, the purpose of a civil claim is to compensate you for the harm you’ve suffered, not to punish the abuser criminally. As your lawyer, I would work diligently to build a strong case based on all available evidence to seek the compensation you deserve.

If you have any concerns or questions about your specific situation, I encourage you to discuss them with me in detail so we can determine the best way to proceed with your claim.

Author bio

Alan Collins

Partner

Alan Collins is one of the best known and most experienced solicitors in the field of child abuse litigation and has acted in many high profile cases, including the Jimmy Savile and Haut de la Garenne abuse scandals. Alan has represented interested parties before public inquiries including the Independent Jersey Care Inquiry, and IICSA (Independent Inquiry into Child Sexual Abuse).

Internationally, Alan works in Australia, South East Asia, Uganda, Kenya, and California representing clients in high profile sexual abuse cases. Alan also spoke at the Third Regional Workshop on Justice for Children in East Asia and the Pacific in Bangkok hosted by Unicef and HCCH (Hague Conference on Private International Law).