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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hello, Some 12yrs ago, my stepdaughter whose now 32 made allegations

Customer Question

Hello, Some 12yrs ago, my stepdaughter whose now 32 made allegations to family and friends that i had touch her sexually, my wife and i have had verbal abuse from her brother and stepmother over the years and on one occasion physical violence.
I did email the stepdaughter several years ago to either tell the truth or go to the Police she has so far done neither, her mother, my wife has offered to accompany her to the Police station, but she doesn't want to.
Is there anyway i can force the issue so there can be closure.

Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

Have you reported their conduct towards you?
Customer: replied 3 years ago.

FOR JOMO1972 , no

Expert:  Jo C. replied 3 years ago.
You cannot force her to make an allegation against you unfortunately. If she chooses not to then there's no way of bringing the issue to a head.

What you can do though is report their misconduct towards you. Some of the things you are describing do amount to criminal offences and, while I would normally say that some of them could be ignored, when everything is taken together this might be said to be a campaign of harassment incited by her. Unfortunately the police probably won't charge her with harassment but if these people are going to be stupid enough to expose themselves to risk because she is manipulating them then that is a matter for them. They will learn soon enough.

You could also consider a civil injunction in harassment but thats a complicated exercise and it would involve cost.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Customer: replied 3 years ago.

FOR JOMO1972, at what point would the Police get involved, as on sunday night, her brother said to my Father in law in front of my wife and his friend that i had RAPED her and that i should tell the truth!

Expert:  Jo C. replied 3 years ago.
They wouldn't take action against him over that. The very highest point of his conduct might be a S5 public order possibly.

Of course, he shouldn't allow himself to be manipulated by a person who in due course will probably be making allegations against him too. But there's no offence in doing so.
Customer: replied 3 years ago.

FOR JOMO1972


,you mentioned above about a civil injunction, what would be the cost of this?


Is there no way that a solicitors letter threatening legal action regarding false allegations force the issue?

Expert:  Jo C. replied 3 years ago.

The costs of suing for harassment would be onerous. Probably several thousand. The issue here is that its not a simple harassment where she is making direct contact. She is getting other people to make contact which makes it more complicated.

Delighted to continue with this but please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69355
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

FOR JOMO1972


 


If i were to sue for harassment, because she is going through other people, surely they could deny all knowledge of the harassment and say i was making it up

Expert:  Jo C. replied 3 years ago.
I am happy to look at the issue of the civil claim of harassment with you but it is an entirely different question to the one you asked which was about forcing her to make an allegation to the police and that has been answered so please rate my answer.
Expert:  Jo C. replied 3 years ago.
Suing for civil harassment is very complicated.

You are right. Its always much easier when the acts of contact are direct. Its easier to prove etc.

However, it is possible to harass indirectly. Its a very common bail condition not to contact directly or indirectly etc.

I don't think she can sensibly deny all knowledge of this. After all, why else would her relatives attend your house and make allegations of rape than at her direction? What she may do though is argue that she was just generically complaining and didn't expect them to act upon them - who will rid me of this turbulent priest?

Its a little easier when a person makes allegations to the police or the local council as the only out come that can be expected is that the authorities would make contact with a person.

You will find a very useful article on this point here

http://www.1itl.com/news/270/

Also, if you make reports to the police of the specific acts of unpleasant contact then you would build up a dossier to use at court.
Customer: replied 3 years ago.

FOR JOMO1972 what would suggest as the best course of action i.e log every incident of verbal harassment or go to the police every time something happens?

Expert:  Jo C. replied 3 years ago.
I would start reporting this.

There are some harassments too trivial for attention but not in this case.

Obviously it might lead her to make allegations against you but they are always weakened when they are made subject to a report made first.
Customer: replied 3 years ago.

FOR JOMO1972 when you say report it, i assume your implying the police, and do you mean every time there's unpleasant act i.e phone call / confrontation when its not just me but a family member? also i expect i would have to explain the circumstances to the police on why this is happening!

Expert:  Jo C. replied 3 years ago.
Yes, you can offer an account. You shouldn't really hide anything.

The problem may be that there are a large number of harassers and harassment requires a course of conduct on the part of each person.

But its still better on record.

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