Woman sues Steven Berkoff over actor's alleged rape, assault and racial abuse

The actor Steven Berkoff sought to have allegations that he raped an actress thrown out by a county court judge yesterday.

The woman, who cannot be named for legal reasons, has accused him ­ in a rare civil case ­ of assault and rape, aggravated by racial abuse. She is suing him for "substantial damages" for pain, suffering and loss of income after the alleged attack on 4 September 1994.

The respected actor, whose work has alternated between controversial, cutting-edge theatre and mainstream films, is said to "fiercely and categorically deny" the allegations.

Earlier this year, a default judgment was upheld against Mr Berkoff after he failed to respond to a writ or offer any defence. But yesterday, his lawyers went to the Central London county court in an attempt to have the case dismissedt.

During a four-hour private hearing, lawyers acting for Mr Berkoff, 63, said the complain-ant did not serve papers on them within four months of issuing the county court claim form. They argued the case should therefore be struck out.

The hearing was held behind closed doors after an application by Mr Berkoff's lawyers.

District Judge Christopher Wigfield reserved judgment last night. If the case is not struck out at the next hearing, damages may be set against Mr Berkoff or the case could go to a full civil trial.

The woman has paid a £500 court fee, demonstrating that she is seeking damages in excess of £50,000 in her personal injury claim. Last night her solicitor, Peter Todd, said: "In previous rape cases, damages have been substantial."

Mr Berkoff, of Limehouse, east London, who has never faced criminal charges relating to the allegations, was not present at the hearing yesterday. The alleged victim appeared in court wearing a headscarf and sunglasses, but left halfway through the hearing in tears.

Judge Wigfield said yesterday that he would hear representations from a barrister appointed by the media before deciding whether to make his decision public.

A civil case for rape is rare but not unknown. Claimants only need to prove their case on a "balance of probabilities" rather than "beyond reasonable doubt", as in criminal cases.

Two women successfully sued their former bosses for rape in separate civil cases during the 1990s.