David Walliams may never face criminal proceedings over allegations of sexual assault and grooming, according to a legal expert, who points to the absence of forensic evidence and the reliance on complainants' cooperation.
The comedy star was named as the well-known figure facing the claims after losing a case at the High Court to block their publication. Walliams denies any wrongdoing. An investigation by ITV and The Guardian described how he has been accused by women of using his power and fame to groom them. He is also accused of sexually assaulting a 15-year-old girl.
Allegations from 2007
The woman, referred to as "Jade", said Walliams was 36 when she met him in August 2007. She claimed that he invited her to his house, where he allegedly lifted her top up, "sucked on" her breast and tried to put her hand down his trousers. Walliams "had an erection at the time", she purported.
Jade said she pulled away and told him "no", adding: "I wasn't ready for sex. I didn't want to do that – with him or with anyone. I didn't want to be touched in that way at all. I mean, I was only a 15-year-old." Walliams allegedly replied that they "should wait" until she was 16, and said she should "stay in touch".
Walliams strongly denies that he had any sexual contact with Jade, adding that he rejects any allegations of criminal activity and that he has never engaged in the grooming of young women.
Legal expert's view
Marcus Johnstone, the managing director of PCD Solicitors and a criminal defence solicitor of over 20 years, specialising in sexual offences, told the Express: "That much of this alleged conduct took place many years ago is no bar to criminal action — as we have seen in many celebrity cases, alleged crimes from many, many years ago can be investigated and prosecuted, and indeed those involved can be convicted.
"However, considering the absence of substantiating forensic evidence, and the ways accounts and recollections change over time, securing such convictions can be very difficult and usually comes down to which person's 'truth' the jury believes. This therefore relies on the cooperation of any complainant with a criminal investigation, without which these cases are almost impossible to pursue."
Walliams' response
In a letter understood to have been sent several months ago by Walliams to journalists in response to the allegations, he wrote: "Looking back, I realise that at times I behaved thoughtlessly towards other people I had casual sexual relationships with. I realise I did not always take people's feelings properly into account.
"That is something I regret. And whilst a power imbalance is inevitable when one party is famous, abusing that power is something else entirely and it is something that I never did." He added: "I am not a sexual predator. I have not broken the law, but I am devastated that some of the women I met 10 to 20 years ago have now expressed hurt or anger towards me."
Walliams has not been arrested, nor charged with any offences.
