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Student to sue British university over 'rape' in Ukraine

Legal Affairs Correspondent,Robert Verkaik
Tuesday 05 June 2001 00:00 BST

An American student allegedly gang-raped while on an exchange trip to Ukraine is to sue a British university for negligence in a case that could trigger similar claims against educational institutions.

Erin McLean, 27, claims St Andrews University sent her to a dangerous area of the Ukraine during a six-month mandatory exchange in 1996. The £100,000 case, being brought in a civil court in Scotland, will set a legal precedent if Ms McLean succeeds in proving that the university was negligent.

The alleged attack happened when a group of 20 Russian-language students from St Andrews, Glasgow and Edinburgh universities attended a course in the port of Odessa.

Ms McLean, who has returned to America, said she and her boyfriend at the time, Ian Chisholm, were walking back from a beach when they were attacked by a group of Russian sailors. They beat Mr Chisholm and forced him to watch them rape her, she said. Mr Chisholm, 25, is also suing the university for negligence, claiming £50,000 after he says he suffered post-traumatic stress.

Their claims will be heard in the Court of Session in Edinburgh on 17 October and lawyers believe the case could open the door for rape victims to hold a third party responsible for negligence.

Franklin Sinclair, chairman of the Criminal Law Solicitors Association,described the case as "very unusual". He said Ms McLean would have to prove the university owed her a duty of care and show that other students had previously been exposed to similar dangers in the same area of Ukraine.

St Andrews University said: "We look forward to making a robust defence if and when the matter reaches court."

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