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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9035
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I have been arrested and bailed on suspicion of outraging

Customer Question

I have been arrested and bailed on suspicion of outraging public decency.
The allegation is that I was playing with myself outside my garden gate on a public bridleway and viewed by a 25 year old dog walker from a distance of about 200m.
No date or time have been offered.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hello do you have a specific question about this please?

Customer: replied 1 year ago.
the allegation is false but i seem doomed as the police always believe a female accuser
Customer: replied 1 year ago.
should she state a date and time?
Customer: replied 1 year ago.
can she be sure about what she saw from 200m across a field of peas?
Customer: replied 1 year ago.
does there have to be another witness?
Customer: replied 1 year ago.
does it matter that she left several weeks to report this
Customer: replied 1 year ago.
if this is a chat it doesn't seem to be working as I've had no chat
Expert:  Jo C. replied 1 year ago.

Hi. The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

On your specific points

She doesn't have to state a date and time. It is something she would be asked about but obviously some allegations cannot be timed.

Whether she can be sure is a matter for cross examination. She is clearly saying she is sure.

No, there is no need for another witness. This is the hardest type of witness to knock down. Random stranger, no reason to want to get you in trouble, no history of making allegations. There are witnesses who do lie but not usually about random strangers who have done nothing to annoy them.

Not really. She actually probably didn't leave it that long anyway. It was probably just that the police didn't take her statement for that long. Even if she had though you are still left with the problem of why would she lie.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
she is a neighbour who lives across a field about 500ft away and made a previous allegation Oct 2014 of me playing with myself in the garden
a policeman visited but accepted my denial
since that time she has been talking about me to neighbours and staring at me from the distance
i have been extremely wary of her and have avoided her view whenever i can
i am completely unaware of the incident she has complained about
Expert:  Jo C. replied 1 year ago.

Why would she lie about you?

People do sometimes but why specifically about you?

Customer: replied 1 year ago.
I don't think she is stable
7 few weeks ago she revealed her identity to me as the accuser by speaking to another woman who then hurled abuse at me from
the bridleway outside my gate.
I challenged her on this asking her why she was gossiping about me. I asked her to speak to me with her husband present but she said she was going through a family crisis and couldn't say when he was back
Customer: replied 1 year ago.
7 weeks later I get arrested
Expert:  Jo C. replied 1 year ago.

Oh well, of course she isn't. Normal people have better things to do with their lives than make repeated reports to the police.

But why would she lie about you particularly? What is her grievance with you?

Customer: replied 1 year ago.
I guess its all in her head
Innocent as I am I can tell that I have no defense, I hoped you might assume I was innocent and help me here
Customer: replied 1 year ago.
I believe her grievance is that her original complaint could not be proved
and now that her identity has been revealed she feel much more uncomfortable
Customer: replied 1 year ago.
I was hoping that my lawyer might indicate ways in which I could disprove her allegation which is life-changing for me
Expert:  Jo C. replied 1 year ago.

It doesn't work like that I'm afraid. Defendants give instructions and lawyers act upon them. Lawyers don't tell them what to say.

Expert:  Jo C. replied 1 year ago.

If there is no particular reason she would be lying about you then you are left with challenging whether or not she can be sure.

Expert:  Jo C. replied 1 year ago.

At least if it remains outraging public decency you can have crown court trial before a proper jury that would give you a fair trial.

Customer: replied 1 year ago.
thank you, ***** ***** she has been trying too hard to see something and at a distance of 200m
Customer: replied 1 year ago.
if its any court my reputation is shattered anyway
Expert:  Jo C. replied 1 year ago.

It is always easier to get courts to accept mistake rather than lies anyway.

Witnesses do lie all the time. Sometimes it is about unimportant stuff and sometimes they make up allegations altogether but not usually for no reason at all.

There are people who do it for attention but usually they make up allegations against unknown people.

Customer: replied 1 year ago.
do you think the police will charge me if I can point out the distance involved and I will challenge her on this
also I cannot understand how I cannot offer a defence of being elsewhere at the time
Expert:  Jo C. replied 1 year ago.

It depends.

She may have a long standing history of doing this in which case that weakens the allegation.

I would brace yourself though. They are charging far too much at the moment. That is the real reason the conviction rate is low. If you are going to prosecute the lies of unreliable accusers you are not going to get convictions.

Customer: replied 1 year ago.
one last question
since I don't think I can live here any longer and will have to sell up the apparent discomfort she feels would be removed
would that tempt her to drop the allegation and avoid being cross-examined in court
Expert:  Jo C. replied 1 year ago.

It depends on her really. If she has a history of doing this then they may summons her anyway as they will have had enough of her wasting their time.

Customer: replied 1 year ago.
since I cannot contact her how could I best communicate that I'm leaving
Expert:  Jo C. replied 1 year ago.

Well, there isn't any way of guaranteeing that. I suppose you could tell the OIC.

Customer: replied 1 year ago.
ok - thank you
it doesn't look good
i'm 66 have no previous convictions but enjoy sunbathing in my garden in 'speedos' as this friend of hers shouted
i'll get fined and put on the sexual offences register
justice?
Expert:  Jo C. replied 1 year ago.

Outraging public decency doesn't lead to addition to the register.

Customer: replied 1 year ago.
I see no hope, I'm finished
Expert:  Jo C. replied 1 year ago.

There is always the possibility of acquittal.

Customer: replied 1 year ago.
acquittal is irrelevent my whole life will change as it will be out there
Expert:  Jo C. replied 1 year ago.

Yes, it will if charged I'm afraid.

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