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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son is 15 years old and has epilepsy. He is due to give

Resolved Question:

My son is 15 years old and has epilepsy. He is due to give evidence in a rape case, but just talking about it is causinghimto have a seizure. Is there anything I can do so that he doesn't have to go to Court? Regards Judith
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did he not have an option to give evidence by video link please?

Customer: Yes, he has done that but I havebeen told that he shouldn't have to go due to stress been a trigger to his epilepsy.Is this correct and how do I go about this?
Alex Watts : The court will take all reasonable steps to make sure giving evidence is as least stressful as possible.
Alex Watts : But bear in mind if he is the complianant or witness then it is his duty to give evidence to make sure the guilty are convicted and innocent acquitted.
Alex Watts : Unless he is saying that it did not happen then he will be required to give evdidence.
Alex Watts : He can withdraw his statement, but questions will be raised by the judge.
Alex Watts : But the court will make every effort to make it as painless as possible.
Alex Watts : So unless your son withdraws the statement he will be required to give evidence.ce
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest.
Alex Watts : If he does not mind someone walking free then he can withdraw his statement
Alex Watts : Can I clarify anything for you about this today please?p
Customer: Hi no it wasn't the answer I really wanted but at least I have tried everything to protect him. Many thanks. Judith
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