Neil Gaiman assault lawsuit dismissed on jurisdictional grounds
The sexual assault lawsuit against author Neil Gaiman has come to an abrupt end after a judge dismissed the case on jurisdictional grounds
In January, Gaiman’s former nanny, Scarlett Pavlovich, was one of eight women who made accusations against the author, which were published in an article by New York Magazine.
Reportedly, Pavlovich had become friends with Gaiman’s former wife, Amanda Palmer, before being offered work as a nanny at the couple’s home. During her first meeting with the author, she alleges that he pressured her into taking a bath before assaulting her.
“None of Pavlovich’s claims are true,” the author retaliated. “She is a fantasist who has fabricated a tale of abuse against me and Ms. Palmer.” Alongside this statement, Gaiman shared a series of WhatsApp messages dating back to early 2022, when the abuse allegedly began.
US District Judge James D Peterson of Wisconsin has now dismissed the case. He shared that case should be litigated in New Zealand, where the alleged events are alleged to have occurred, not in the US. The quick dismissal was based on the doctrine of “forum non conveniens”, which allows courts to dismiss cases better suited to another jurisdiction.
Gaiman’s lawyer had previously argued the case did not belong in the USA, as all events under investigation had happened in New Zealand, where both parties resided at the time.
Judge Peterson noted, “The only connection that Wisconsin or the United States has with this lawsuit is that Gaiman has a residence in this state and he may live here currently. All of the relevant events occurred in New Zealand, Pavlovich is a New Zealand citizen, both parties were living in New Zealand during the relevant time, all relevant evidence and most potential witnesses are located in New Zealand.”
He continued, “Under these circumstances, it is clear that New Zealand is the more appropriate forum for resolving this dispute, so the court will dismiss the case without prejudice. If Pavlovich sues Gaiman in New Zealand, and he refuses to accept service there, Pavlovich may move to reopen this case.”
This dismissal does not prove or deny Gaiman’s innocence, so studio sentiment towards the author is unlikely to change. The case has resulted in a huge loss of work for Gaiman, such as a movie based on his novel, The Graveyard Book, being abandoned entirely.
For help, advice or more information regarding sexual harassment, assault and rape in the UK, visit the Rape Crisis charity website. In the US, visit RAINN.
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