A Wisconsin federal judge has dismissed the sexual assault lawsuit brought by former nanny Scarlett Pavlovich against author Neil Gaiman, ruling that the dispute should be litigated in New Zealand instead. Judge James D. Peterson found that all critical witnesses, evidence, and the alleged incidents are located in New Zealand, making that country a more appropriate venue for the case.
In his ruling, Peterson emphasized that the only meaningful connection to Wisconsin is Gaiman’s residence there, and dismissed the case without prejudice, meaning Pavlovich may refile elsewhere.
Allegations Against Neil Gaiman
Pavlovich, a 26‑year‑old New Zealand citizen, alleges that in 2022, Gaiman repeatedly sexually assaulted her while she was employed as their nanny on Waiheke Island, New Zealand. Her complaint included claims under the Trafficking Victims Protection Act (TVPA) and state common‑law causes of action. Gaiman has denied all wrongdoing, maintaining the interactions were consensual.
In his defense, Gaiman submitted WhatsApp messages suggesting affectionate and consensual communication between him and Pavlovich, and he characterized the lawsuit as a fabrication.
Court’s Legal Reasoning
The judge’s decision rests on the doctrine of forum non conveniens, which allows courts to decline jurisdiction if another forum is more suitable for resolving a case.
Key factors in the court’s analysis included:
- Availability and adequacy of the alternative forum: The court found New Zealand offers meaningful remedies, including via the Accident Compensation Corporation (ACC) and possible exemplary (punitive) damages, and that both parties are amenable to process there.
- Private-interest factors: Most witnesses, physical evidence, and documentation are located in New Zealand, rendering U.S. litigation impractical.
- Public-interest factors: The U.S. has minimal connection to the dispute; New Zealand has a stronger interest given the locus of events and citizenship of the parties.
The court explicitly noted it was not deciding on the truth or merit of the claims, only whether the U.S. forum was appropriate.
Implications & Next Steps
Because the dismissal is without prejudice, Pavlovich could again seek to sue Gaiman in New Zealand. The court also indicated that if Gaiman or Amanda Palmer refuse to accept service in New Zealand, Pavlovich may move to reopen the U.S. case.
Amanda Palmer, originally named in the lawsuit, has already had her claims dismissed in this case. Pavlovich is pursuing a separate lawsuit against Palmer in Massachusetts, which now faces similar jurisdictional challenges.
A New Zealand police investigation into these allegations was closed in April 2024 without any charges filed. Pavlovich has publicly maintained she was coerced and manipulated, and has expressed regret about messages she sent under pressure.
Need Help Navigating Justice Options? We’re Here for You
If you’ve experienced sexual assault, abuse, or harassment, especially in a workplace setting, Helping Survivors can help you understand your rights and possible paths forward. We can connect you with trauma‑informed legal partners who may assist in pursuing claims in the U.S.
Contact Helping Survivors today to explore your legal options with compassion and clarity.
