At Krakatoa we recognise that sexual assault can be difficult to prosecute. For this reason we are united in our belief that change is needed at a grassroots level, and that our industry needs to step up. However Krakatoa is bound to operate within the law, and is only in a position to take action should a victim came forward.
1. Where someone is on record publicly alleging a performer sexually assaulted them, then Krakatoa will avoid booking that artist unless the allegations are later withdrawn, settled in favour of the accused, or proven to be false in a court.
2. Where a booking has already been made, and:
i. Someone then publicly alleges that the performer in question has sexually assaulted them; or
ii. Someone privately alleges to us that the performer in question has sexually assaulted them, and is willing to stand by their claim; then
Krakatoa will put those allegations to the performer in private, and suspend the booking indefinitely pending resolution.
3. Where someone reports that the performer has sexually assaulted them immediately prior to, during, or after the concert, then that will be dealt with as a criminal matter.
Q1 – What about more generalised sexual misconduct?
A1 – Sexual misconduct is an umbrella term used to refer to many different problematic sexual behaviour, not all of which are against the law (example: sex between co-workers). Sexual assault, on the other hand, refers to criminal types of sexual behavior or contact. Krakatoa can only take action with regard to the latter.
Q2 – What do you mean by “pending resolution”?
A2 – The person being accused has a legal right to respond to the allegation. The #metoo movement has shown that guilty people rarely seek legal recourse as the evidential barrier is much lower in civil proceedings. If the claim went unchallenged then Krakatoa would cancel the booking and undertake never to book the accused again. However, should the accused take legal action, then it would fall to the accuser to decide whether to stand by their allegation. If the matter was resolved in favour of the accused then Krakatoa would reserve the right to reinstate the booking. If the matter was resolved in favour of the accuser then Krakatoa would cancel the booking and undertake never to book the accused again.
Q3 – What should I do in the event someone has made a false allegation against me?
A3 – You should engage a solicitor, and have them issue a cease & desist letter to your accuser demanding a full retraction and apology, on the threat of more serious legal action.
Q4 – Will Krakatoa make any allegations public?
A4 – No, Krakatoa will keep any allegations strictly confidential.
Q5 – Can someone come forward anonymously or via a third party?
A5 – Whilst we appreciate that a victim of sexual assault may understandably be unwilling or unable to go on record, the venue cannot repeat secondhand allegations since doing so would leave us unable to defend ourselves against any subsequent legal action. The venue cannot take action based solely on the claims of one or more third parties, because in the absence of a victim going on record there would be nothing to substantiate those.