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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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Hi,I still get a few problems from my ex,my ex has just found

Customer Question

Hi,I still get a few problems from my ex,my ex has just found out that I've started to see someone and decided to demand that I take our youngest son to his house to stay with him.hes 11 and wants no contact with his dad so I said im not taking him if he dnt want to go.ive had to tell the man I was seeing that I can't anymore because im not coping with what happened in the past.my ex was forcing me to have sex with him,I couldn't stop him,I was scared of him.i want to know if I could have my ex arrested for what he did.this is affecting me now at my job and im scared of losing my job because of this.the sex stopped after I divorced him in 2011.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

You can certainly make a report at this time. it is likely that he would be invited in for an interview voluntarily though rather than arrested. There is case law that says the police should not make an arrest unless there is a good reason to do so - like evidence will be lost or a person is not co-operating. With stale offences evidence cannot be lost by failing to arrest.

Obviously though nobody can guarantee that there would be a charge and still less a conviction. Sexual offences are always hard to prove at the best of times and stales offences come with their own problems as you probably understand.

He will almost certainly argue that this is an attempt to prevent him having contact and that might be accepted. Unfortunately sometimes people do that I'm afraid.

In principle though, you can make a report at this stage.

Jo
Customer: replied 3 years ago.

I actually wrote down lots of stuff that happened when we split.ive et my child make his own mind up about his dad.but end of last yr he was seeing a councelor from Barbados which helped him alot but he still won't see his dad...my solicitor sent my ex a letter about the sexual harassment,my ex tried saying he didn't get it but he knew the rest of what was in this letter regarding access to our youngest.but its mind games like always..he even resorted the other week to cause an argument and recorded our 16 yr old telling him to get lost because he's embarresed to have him as his dad.

Expert:  Jo C. replied 3 years ago.
I'm not a family lawyer so can't really help with access to children issues.

Generally speaking the family courts are keen to encourage contact where possible.
Customer: replied 3 years ago.

My son doesn't want to see his dad because he always questions him about me and shouts and bullies him if he doesn't give him the answers.ive tried to get lad to have contact but he won't.my ex only wants to control me still hence using my lad to make excuse to have a go at me.my head is all over the place all I think about is what he did to me over the years

Expert:  Jo C. replied 3 years ago.
As I've said, I'm not a family lawyer so wouldn't know anything about the contact issue. He doesn't seem to have made an application anyway and it might be that he would never do so especially since he hasn't so far.
Customer: replied 3 years ago.


If I reported him for the sexual assault(rape)what could I expect to happen as in the proccess???

Expert:  Jo C. replied 3 years ago.
You can certainly make a report at this time. it is likely that he would be invited in for an interview voluntarily though rather than arrested. There is case law that says the police should not make an arrest unless there is a good reason to do so - like evidence will be lost or a person is not co-operating. With stale offences evidence cannot be lost by failing to arrest.

Obviously though nobody can guarantee that there would be a charge and still less a conviction. Sexual offences are always hard to prove at the best of times and stales offences come with their own problems as you probably understand.

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