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Hello my name is ***** ***** I will help you with tihs.
Do you believe the 'casting' was a sham please?
Yes we do believe that because an hour after this episode occurred, the audition details were removed.
OK - you should report it to the Police.
This could be fraud. Especially if it was fake or a sham
It may be that this person just wanted to speak with girls and had no intention
They can trace using the IP address which is a unique number your computer is given by the internet provider
This means the computer can be traced
So report it to the Police as it could well be a sham
The Police can investigate and prosecute where necessary
Can I clarify anything for you about this today please?
I understand all that but you seem to have missed my point. Our daughter is aware that she can contact the police but she does not want to have to go through the courts to deal with this man especially in view of the job she does. She is also well aware that if she can find him then he can find her. The stress of him hounding her if he knows she has contacted the Police can be difficult to deal with. Do you have any advice on this? Also, at this time, she does not have any proof to show the Police that he flashed her. So is this not merely hearsay?
What does she want to achieve then?
Does she want to start a civil claim?
She wants to be able to stop him of course but every avenue has to be looked at so that she is protected and she has enough evidence to prove he did it. At this time, she only has her memory of what he did. How can that stand up in a Court of Law? Does she not need proof?
Ok - the Police would investigate this but if they charged and he pleaded not guilty she would have to attend Court.
She can't avoid that.
But she may be able to apply for special measures ie give evidence via video link or have screens
But she would need to give evidence. The Police would build a case, not her.
If this was going to be a civil claim then she would need to gather the evidence and bring a civil claim
Any claim below £10,000 in damages would be a small claim and wouldn't need representation
But where her is her proof? At the minute I only believe it is hearsay. Please explain this to me how the Court would see my daughter's evidence with no visual proof. The other girl has written proof. I would have thought that this girl should approach the Police with her evidence and then my daughter could back up her claim as a witness. Wouldn't this work better? How would the Police build up a case with no visual evidence? The man would plainly deny it.
It may be hearsay but very often it is only what witnesses say that carry weight.
For example if someone shoots someone, no one normally captures it on CCTV
But you can have people saying, I saw X shoot Y
That is enough evidence.
She received a call from the man in the towel
That is enough
But you are saying that in a civil court she would need evidence, why is this different? She did receive a call from the man in the towel but she did not record the call and he did not talk to her. She only saw him naked and this has to be verified to be proved, surely? How will my daughter stand up in Court with no evidence if he just plainly denies it? Surely that leads us back to hearsay and bearing in mind that she needs evidence for a civil court I am at this point fairly baffled as to what she should do.
OK - civil its down to the Claimant to make a claim and bring the case, producing evidence.
In the Criminal courts - the Police do the investigating and bring the claim in the name of the Queen
The standard of proof in criminal is beyond doubt, so is far higher
The standard in civil is on balance, so more likely than not, ie 51%
As for on the stand, she can simply say what she saw
She can do not more than this.
I understand that but remembering that she only saw this but does not have proof at this time, are you suggesting that by taking his computer the Police can find the proof remembering that it was a Skype call only?
The Police can see if there is any evidence on his hard drive
If they can show he made the call then that supports her version of evets
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So even if they find no evidence that he was naked and they only have my daughter's word for it, this will be enough to prosecute him but in so doing, my daughter will have to take the stand and give evidence one way or another?
Yes that can be enough to bring a prosecution
Imagine a situation where a wife says a husband has hit her and there is no physical mark
Then it is only ever one persons word against another
That is still enough for a proseuction
This would alert him to her of course, how would she be protected from him not stalking her when he realises she is going to press charges?
If he is charged the Police can impose bail conditions not to contact her.
If he breaches he can be arrested and remanded in custody
Can you wait a second, I will discuss this and get back to you in a moment....
Thank you Alex. Given everything you have said, we have decided that it would not be ideal for her to deal with him through the Courts but we will make sure he is blocked from every website my daughter uses that helps her find work so she will limit how many other women he can get to.
Thank you. I appreciate what you have done for us.
Can I help with anything else today?
No thank you Alex. Of course I will rate you.
Thank you. If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen
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