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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Someone is on bail accused of forcing a 15yr old girl to perform

Customer Question

Someone is on bail accused of forcing a 15yr old girl to perform oral sex on him when he was aged 21 (now in early 40's) whilst supposedly babysitting, the mother cannot remember him but says that she believes the daughter, who has apparently accused others of similar things in the past.

The man refused the duty solicitor because the police said they only wanted to ask a couple of questions, he is now on bail until mid April and has been stopped from staying in the marital home at night by social services as he has young children (he is allowed supervised visits) when he speaks to the police about this issue they referr him to social services and of course social services referr him to the police, whilst the CPS has not yet decided if there is even a case against him, is this normal procedure? And is there anything he can do to force the police or social services to make a decision about him staying at home?

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

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

Do the children live at the matrimonial home?
Customer: replied 3 years ago.

Yes, they live together, the mother, father and their five(I think) children, the wife does not believe him capable of forcing a female to perform oral sex on him.

The man says he does not even know the girl or her mother, the mother has told the police that she cannot remember him, but then says if her daughter says it happened then she believes her.
Expert:  Jo C. replied 3 years ago.
Yes, well she would say that. It doesn't mean it will get anywhere.

If he is on police bail then its possible that they could have levied conditions upon his bail now under the new rules. It doesn't often happen but obviously this is an allegation of rape so its at the higher end of crime.

If the allegation is made by a person who is, at least technically, still a child then the police are not going to want him to return to a house where he has access to other children.

The reason for the delay will be that they are getting CPS advice.

If he is charged then you could ask the court to vary the bail conditions so that they are more proportionate. I have to say that unless there is some allegation against him or clear concern from social services of danger then I would be surprised if the Court keeps him away from his family home.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo, the girl would be in her thirties now, I will pass your advice on to him and hope it helps him, I know you can never really know what people are capable of, but in this instance I do believe he is totally in the dark as to why she is acusing him.

Many thanks

Lorraine
Expert:  Jo C. replied 3 years ago.
Yes, sometimes people do for no reason at all. Obviously there is always a reaoson but its no one that could be precending .

Can I clarify aything anyway this form you.

Jo