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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice
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a sad question. I left my full-time employment after stress.

Resolved Question:

a sad question.
I left my full-time employment after stress. In the period following, I have become embittered by the organisations ignoring of me. In a fit of anger, I sent a personal email to my former boss, accusing him of 'touching me up' on 2 occasions. I didnt specify what they were but the first was him touching my arm and the second, patting my head. These were paternal not predatory actions and I know regret the allegation. I sent a fresh email saying I believed I had been hacked and to ignore the previous mail.
I desperately want to leave all this behind and dont know the best way. I have had no response from my former employer. But I know that I have been unfair and acted out of temper. Can you advise please?
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.

What would you like to know about this?

What do you want to achieve?
Customer: replied 3 years ago.

have I committed a crime by my actions?


 


Can I expect them to do as I want and ignore my email?

Expert:  Jo C. replied 3 years ago.
Yes, but actually only a very minor one.

If I can presume that this was a false statement made in temper then it does not amount to perverting the course of justice because you didn't make an allegation in the course of justice - e.g you didn't say it to the police. Had you set this down in a section 9 statement to police then you might be in difficulty.

Its only one email and an apology basically so probably its not enough for harassment.

Its not defamation because you only emailed him so nobody else saw it unless he choose to share it.

It is a malicious communication though. There's no way around. An allegation of a sexual offence that is baseless is so grossly offensive that it would fall within malicious communication.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

What might the penalty be and are there any mitigating circumstances?

Expert:  Jo C. replied 3 years ago.
There are never very good mitigating circumstances for making a false allegations of sexual assault. Its really news topical at the moment.

However, I would imagine that they would give you a police caution. The point of the exercise here would really be marking your card so that you couldn't return in 30 years and make wild allegations. I realise that you have no intention of doing that but people are aware at the moment of how dangerous false allegers are.

Even if they didn't though and preferred charge its not likely to be more than a fine.

Customer: replied 3 years ago.

Is it best to let things take their course or to initiate an attempt at reconciliation?

Expert:  Jo C. replied 3 years ago.
No, do nothing. Whatever you do now would make it worse.

Maybe he will report it. Maybe not. There are a lot of reasonable sensible people about who don't call the police every time people commit a minor offence.

If he is going to report it though then nothing you can do will improve upon the situation and, in fact, a further act of contact could amount to harassment.
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