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Jo C.
Jo C., Barrister
Category: Family Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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My 13 year old son was fooling around with a ball and for

Customer Question

My 13 year old son was fooling around with a ball and for some reason, he poked a 13 year old girls boob and said nice tits, the family of the girl have made a complaint to the police and they want to interview my son on Thursday under caution, my son has add and aspergers. Would it be better for my son to respond with no comment or explain what happened?
Submitted: 10 months ago.
Category: Family Law
Expert:  Jo C. replied 10 months ago.

Will he accept a caution?

Customer: replied 10 months ago.
Is that what will happen? Is he best to explain or just no comment?
Expert:  Jo C. replied 10 months ago.

It depends.

Will she give evidence?

Did anybody else see it?

Customer: replied 10 months ago.
She's given a statement, there were 3 other girls present
Expert:  Jo C. replied 10 months ago.

Ok. Then probably they will be able to prove it.

No comment interviews are usually the right thing to do if there is no defence available.

However, here they might offer a caution. They would not normally for a sexual offence but he is a young child and so they might consider it appropriate.

Expert:  Jo C. replied 10 months ago.

There is no way of predicting that in advance. His solicitor will have to negotiate with the police at the station.

They are not going to be keen to prosecute this.

Expert:  Jo C. replied 10 months ago.

I wouldn't say anything about ADHD or aspergers. Generally police officers will think that is a load of nonsense and will perceive it as an excuse. Not all officers obviously but quite a sizeable majority consider things like that to be an excuse. Also, in fairness, there are people who do use disability as an excuse.

Expert:  Jo C. replied 10 months ago.

Overall though I would try to secure a caution.

Can I clarify anything for you?

Jo

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