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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My husbands sister keeps ringing us up and accusing him of

Resolved Question:

My husbands sister keeps ringing us up and accusing him of raping her . She has had treatment in a mental health hospital when in her early twenties but these allegations came after she fell out with her eldest son calling him the seed of the devil and my husband wouldn't take her side, he is very close to his nephew who visits him often from the USA where the family live. She rang me today saying now that he raped her when they were both at Junior School . Can we do anything to stop her? My husband completely denies these allegations and members of his own family laughed when we told them what was going on saying she is potty.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Have you reported this to anyone yet?

Customer:

no.a nephew asked for advice from a policeman friend and he said it dose not make sense as she has visited us here for many years and we have visited them in USA for over 15 years even sharing the same bedroom when on holiday. Also our GP said she was a very dangerous person and to keep away from her.

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

This conduct could potentially amount to harassment. The relevant legislation that deals with harassment is The Protection from Harassment Act 1997 in civil cases and The Criminal Justice and Public Order Act 1994 in criminal cases. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.


 


Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim.


 


In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue.


 


So in the first instance the police can be contacted and this matter reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.

Customer:

Thank you your answer has helped us a lot. We know now that we can do something to stop the problem

Ben Jones :

you are welcome, I hope it gets sorted

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