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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Assualt JA: Thanks. Can you give me any more details

Customer Question

sexual assualt
JA: Thanks. Can you give me any more details about your issue?
Customer: My ex has a daughter of 16 and she has reported that i touched her bum on several occasions over a 5 year period.
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Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
Good evening. Thank you for the question. It is my pleasure to assist you with this today. I am off-line shortly until tomorrow but will pick this up then.Meanwhile, I need some more information from you please. Could you explain your situation in detail please including why you think this is happened and also tell me exactly what it is that you want to know about this. Thank you
Customer: replied 1 year ago.
My ex has a daughter of 16 and she has reported that i allegedly touched her bum on several occasions over a 5 year period. So an allegation of sexual assault has been reported to the Police. The allegation was raised after i had sent solicitors letters regarding seeking owned property from my ex. Also alongside this was an allegation of cruelty so for example I made her eat her dinner in a certain way. The police have reported this historic allegation to the CPS. I was wondering how one goes about defending such untrue allegations? Thanks
Expert:  Stuart J replied 1 year ago.
I haven’t disappeared yet but I will be shortly. How long ago did you and your ex split up and when did your last clap eyes on her daughter? When did you send the solicitors letter asking for the property back? What type of property is it what is the value?
Customer: replied 1 year ago.
9 months ago....letters sent a month ago.
Customer: replied 1 year ago.
allegation made shortly after letters where sent. My ex replied to the letters stating she wasn't willing to allow me to have any of my items returned. Her brother also assaulted me after the letters. Either way since the letters two allegations have been made and an assault. The Police gave stated that the letters resulted in the child disclosing all the info as it bought back memories of me being controlling etc. Value of items requested 3000 pounds
Expert:  Stuart J replied 1 year ago.
Thank you. It seems remarkably strange that this allegation has only cropped up now nine months later and has only cropped up when you sent this demand for property. However people do make allegations against other people and do so after many years. The Catholic Church has been on the receiving end of them and so have many television celebrities, even after many years. So that nine-month delay would not be fatal to any allegations. It is not for you to prove that you did not do this, it is for the prosecution to prove that you did. It is a basic premise of English law that anyone is innocent until proven guilty. It might not feel like it but that’s it. The British judicial system is not perfect but it is actually the best in the world. It would be very remiss of the ex and her daughter to make these allegations if they have not considered the implications of what’s going to happen when they are both cross-examined in court. There is also the issue as to why, if this went on over a period of years, the mother didn’t raise the issue. It’s very difficult to tell you how to defend something until you actually know what the details of the allegations are. In situations like this, people very often trip themselves up because they make allegations that things happen at a certain place or a certain time and it’s possible to prove that a defendant wasn’t there at that place or time and then, of course everything else that the alleged victim says is plunged into doubt. You only have to do discredit one piece of evidence satisfactorily and then it is all discredited because if you can’t believe one piece of evidence, how do you know which you can believe in which you can’t. A child under 16 is not deemed to be capable of consenting and therefore even if she had consented to whatever it was that she is alleging, it would still be assault. I know you haven’t mentioned this but I thought that it was worth adding in for completeness. The definition of sexual assault is if someone intentionally touches another person, the touching is sexual and the person doesn’t consent. We’ve established that there can be no consent here regardless. The event to issues, the first one is whether it took place in the second one is whether, if it did take place, it was sexual. If you’re saying it’s completely and utterly fabricated, then the fact that whether it was sexual or not is not relevant. It then comes down to simply trying to discredit the allegations the frequency and the timing of when they happened. It really is as simple as that and until you know what those allegations actually are, you won’t know how to try to discredit them. Does that answer the question? Can I answer any specific points arising from this? Please do not forget to rate my answer service positively so that I get credit from my time today. You will get the impression the thread closes but it does not, it does remain open if you want to follow any points. Thank you. Kind regards ***** ***** off-line shortly until tomorrow but will pick this up then. I am online first thing, then I have clients all day and I will be on again in the early evening. Kind regards
Customer: replied 1 year ago.
The cruelty allegation as you say could be in doubt as the mother studied psychology and works as a teacher in a kids referral unit once they have been expelled. Yet the daughter had been supposedly self harming and was suicidal yet showed no signs to mum or me till disclosure or again why did mum not intervene with regards ***** ***** etc when she was present? This allegation appears flaky which then questions the sexual assault allegation and yes i have denied both allegations. No dates where specified just on occasions over a 5 year period?
Expert:  Stuart J replied 1 year ago.
Interesting points. All of which you will raise as part of your overall defence. They wouldn’t have to give specific dates provided they could give an approximation but, it would be expected that the most recent occurrence, could be specified more accurately.If there is such a good recollection of these events, the circumstances surrounding such as we had just returned from holiday or we’re just returned from the swimming bath or shopping or mum and dad had just had a row to my sister’s birthday or something like that.Can I answer any specific points arising?
Customer: replied 1 year ago.
So the police after attending a voluntary interview have said they are reporting it which I guess means the CPS...I'm also guessing then that this will then go to court. I dont seem to have much of a defence other than denying it?
Expert:  Stuart J replied 1 year ago.
you don’t have much of a defence from what you’ve said other than denying it but that is the case in all these cases of sexual assault. What you need to do is not prove your innocence, the prosecution has to prove your guilt. What you do is discredit the prosecution’s evidence. If the police are referring it to the CPS, doesn’t necessarily mean that the CPS will prosecute. Many cases like this get dropped before they get to court, through lack of evidence. Please do not forget to rate my answer service positively so that I get credit from my time today. You will get the impression the thread closes but it does not, it does remain open if you want to follow any points. Thank you. Kind regards
Expert:  Stuart J replied 1 year ago.
Good morning. This thread is still open. Can I assist you any further with it?When you get a moment, please do not forget to use the rating service. It doesn’t cost you anything extra and it’s really important otherwise the expert doesn’t get credit. Thank you.Kind regards