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How would a person accused of committing sexual assault In

 
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  • Answered by:Ronan
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Customer Question

How would a person accused of committing sexual assault In the 1980's , on a minor under 15 , facing two charges now, be prosecuted in 2012?

Submitted: 371 days and 21 hours ago.
Category: Republic of Ireland Law
Value: 38 €
Status: CLOSED
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Expert:  Fran-mod replied 371 days and 6 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 369 days and 1 hours ago.

hi ,

yes i am waiting for a reply

thanks

Customer replied 369 days ago.

Relist: Incomplete answer.
i still waiting for answer to my question!

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Expert:  Ronan replied 369 days ago.

they would be prosecuted on indictment by the DPP in the central criminal court. if they have been charged they will appear initially before the district court a couple of times before being served with a book of evidence and being sent forward for trial. What are the charges?.

Expert TypeSolicitor
Category: Republic of Ireland Law
Pos. Feedback: 95.6 %
Accepts: 1728
Answered: 4/14/2012

Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years

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Customer replied 368 days and 23 hours ago.

not sure of the charges yet but initially arrested for buggery but i understand that one cant be charged for that committed pre 1993 just know 2 lesser charges

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Expert:  Ronan replied 368 days and 23 hours ago.

Yes those type of incidences will definitely end up in the Central Criminal Court

Customer replied 368 days and 22 hours ago.

ronan,i understand that the maximum sentence is 2 years for these kind of charges is that accurate? is it true that if a person pleads guilty to one of the charges then a suspended sentence is more likely?

thanks

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Expert:  Ronan replied 368 days and 22 hours ago.

There many sexual offences and I'd need to know the exact charge before I could comment on this. However must sexual offences can carry a maximum of 5 years and 10 years generally. While a plea of guilty does mitigate the sentence as it saves the victim from having to go through a trial. In a case such as this though it shouldn't mitigate to a suspended sentence. The court may suspend part of the sentence

 
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