Posted in: Comics | Tagged: amanda palmer, neil gaiman

Neil Gaiman Sexual Assault Lawsuit Dismissed On Jurisdictional Grounds

The US courts dismiss sexual assault lawsuit made against Neil Gaiman on jurisdictional grounds, that it should have been made in New Zealand

US District Judge James D. Peterson of Wisconsin has dismissed the 2025 lawsuit by Scarlett Pavlovich against Neil Gaiman, accusing him of sexual assault and human trafficking, citing that the case should be litigated in New Zealand, where the alleged events are alleged to have occurred. The decision, issued yesterday, was based on the doctrine of "forum non conveniens", which allows courts to dismiss cases better suited to another jurisdiction. The court emphasised it was not evaluating the truth of the allegations. After the decision was released, Scarlet Pavlovich's lawyers filed a motion to appeal.

Scarlett Pavlovich, a New Zealand citizen currently studying in the United Kingdom, filed the suit in January 2025 in the US, alleging that Gaiman sexually assaulted her multiple times in early 2022 while she worked briefly as a nanny for him and his then-wife, musician Amanda Palmer, on Waiheke Island near Auckland, New Zealand. Neil Gaiman, a British citizen with permanent residency in both New Zealand and the USA, denies the allegations. In his motion to dismiss, Gaiman's lawyer argued the case did not belong in the USA, as all events happened in New Zealand, where both parties resided at the time. Judge Peterson concurred, noting Wisconsin's sole connection is Gaiman's current residence in Menomonie.

"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. Gaiman and Amanda Palmer (Gaiman's wife) now live in the United States, but both of them have agreed to accept service in New Zealand. 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."

The court found New Zealand an "available and adequate" alternative forum. And that under New Zealand's Accident Compensation Act, victims of intentional harm like assaults can seek compensatory damages through an administrative process and punitive damages in civil suits for "truly outrageous conduct."

Private interest factors, such as access to witnesses (including Pavlovich's friends, medical staff, and police), favoured New Zealand, where Gaiman could more easily compel testimony. Public interest factors weighed heavily against the USA as the dispute has "virtually no connection" to American interests or communities. "Wisconsin jurors would be scratching their heads about how and why they were being asked to decide a dispute regarding such far away events," Judge Peterson wrote.

The dismissal of the case is made without prejudice, meaning Pavlovich can refile in New Zealand, and if Gaiman refuses to be legally served there, she may move to reopen the US case. Pavlovich previously dismissed Neil Gaiman's former wife, Amanda Palmer, from this suit and is pursuing a separate claim against her in Massachusetts federal court, where Palmer resides. Palmer has also moved to dismiss that case on similar grounds, consenting to New Zealand jurisdiction.

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