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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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I have been subjected to a number of years of discrimination,

Customer Question

I have been subjected to a number of years of discrimination, intimidation, harassment and widespread defamation. It has now come to light that what drove this behaviour was religious hatred. The organisation in question has admitted the issues are religious in nature, they have apologised and have offered a trivial sum of monies in compensation. They have however steadfastly refused to take any action against the members of the management that engaged in this most outrageous behaviour. They have also refused to take any action to mitigate the damage done by these people.

I have shown the evidence to a Police Officer who I am friends with and he informs me that, in his opinion, he has never seen a clearer case of a Hate Crime than this and advises that I should report it immediately to my local Police Force. He also tells me that stamping out Hate Crime is a high priority for Police forces these days and the courts regularly fast track such matters.

I am going to proceed against this organisation in a civil claim but my question is this; If I report the matter to the Police and they deal with the Criminal Offence(s) first, does this then weaken or strengthen a future civil case? As long as it doesn’t weaken a future case I will be seeing my local Police this weekend but if it does I may hold off.

Your comments would be much appreciated.
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.

What would you like to know about this?
Customer: replied 3 years ago.

I am just concerned that I understand the implications of going to the Police to complain about individuals before I commence civil proceedings against the organisation. As I said in my first post ....



If I report the matter to the Police and they deal with the Criminal Offence(s) first, does this then weaken or strengthen a future civil case?



Expert:  Jo C. replied 3 years ago.
Well, it depends really.

The fact of a report does help to ward off any allegations from the other side of recent fabrication. If they try to argue that you have invented these allegations recently then its very helpful that you had made an earlier report.

On the downside though, obviously an earlier report will be scrutinised for any inconsistencies but if you are only giving a truthful and accurate account then there should be no inconsistencies of a substantial kind.

Also, if the criminal investigation concludes in your favour then it will be impossible for them to deny that they did behave in the way alleged at the time of the civil hearing. If it concludes against you then they might try to argue that supports any defence they have although there is a different standard of proof at the civil courts.

Overall, its probably worth making a report. If the report you make is truthful and accurate then it should cause you no problems.

Can I clarify anything for you?

Jo