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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter who is an actor answered a job application yesterday

Resolved Question:

My daughter who is an actor answered a job application yesterday in which she was going to be auditioned via Skype. The audition went smoothly and the gentleman who auditioned her said he would come back to her within a couple of hours to see if she had got the presenting job.
A couple of hours went by and my daughter received a Video Skype call on her mobile phone in which she saw the gentleman parading in a towel. She shouted hello, hello, can you hear me but the gentleman seemed to ignore her or was oblivious to her. She ended the call and he proceeded to ring her 3 to 4 more times, until she refused to answer again. 40 minutes went by and he video skyped her again. This time, the towel was being held and he was naked. He seemed to be talking about my daughter on the telephone to somebody else and either couldn't hear or was ignoring her yet again.
On the audition, this gentleman mentioned a female director called Katherine Johnson with whom my daughter was to also correspond. He added her to the Skype audition but her webcam wasn't working and my daughter thinks that this Katherine Johnson does not exist but is the gentleman as well.
After receiving video calls from this gentleman, my daughter then received one from Katherine Johnson and having answered the call, she found it was the same man stood completely naked on the phone still talking about my daughter and other girls he had auditioned that day.
My daughter has managed to source other girls from yesterday who had the same experience and one girl even has some Skype messenger correspondence which asks her if she wants to see him naked.
My question to you is if my daughter was to approach the police, how much evidence does she have on what you have read for them to be able to investigate him further and would she be able to remain anonymous as she is an actor and doesn't want repercussions later on? She has his email address, first name and director's name which may not be real and his IP address and their Skype names but at this time, she does not have any record of what took place.
He has her email address and mobile no. and he has also now removed the casting from the website.
Any advice you could give me would be very much appreciated.
Kind regards
Sheila
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with tihs.

Alex Watts :

Do you believe the 'casting' was a sham please?

Customer:

Yes we do believe that because an hour after this episode occurred, the audition details were removed.

Alex Watts :

OK - you should report it to the Police.

Alex Watts :

This could be fraud. Especially if it was fake or a sham

Alex Watts :

It may be that this person just wanted to speak with girls and had no intention

Alex Watts :

They can trace using the IP address which is a unique number your computer is given by the internet provider

Alex Watts :

This means the computer can be traced

Alex Watts :

So report it to the Police as it could well be a sham

Alex Watts :

The Police can investigate and prosecute where necessary

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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?

Alex Watts :

What does she want to achieve then?

Alex Watts :

Does she want to start a civil claim?

Customer:

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?

Alex Watts :

Ok - the Police would investigate this but if they charged and he pleaded not guilty she would have to attend Court.

Alex Watts :

She can't avoid that.

Alex Watts :

But she may be able to apply for special measures ie give evidence via video link or have screens

Alex Watts :

But she would need to give evidence. The Police would build a case, not her.

Alex Watts :

If this was going to be a civil claim then she would need to gather the evidence and bring a civil claim

Alex Watts :

Any claim below £10,000 in damages would be a small claim and wouldn't need representation

Customer:

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.

Alex Watts :

It may be hearsay but very often it is only what witnesses say that carry weight.

Alex Watts :

For example if someone shoots someone, no one normally captures it on CCTV

Alex Watts :

But you can have people saying, I saw X shoot Y

Alex Watts :

That is enough evidence.

Alex Watts :

She received a call from the man in the towel

Alex Watts :

That is enough

Customer:

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.

Alex Watts :

OK - civil its down to the Claimant to make a claim and bring the case, producing evidence.

Alex Watts :

In the Criminal courts - the Police do the investigating and bring the claim in the name of the Queen

Alex Watts :

The standard of proof in criminal is beyond doubt, so is far higher

Alex Watts :

The standard in civil is on balance, so more likely than not, ie 51%

Alex Watts :

As for on the stand, she can simply say what she saw

Alex Watts :

She can do not more than this.

Customer:

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?

Alex Watts :

The Police can see if there is any evidence on his hard drive

Alex Watts :

If they can show he made the call then that supports her version of evets

Alex Watts :

* events *

Customer:

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?

Alex Watts :

Yes that can be enough to bring a prosecution

Alex Watts :

Imagine a situation where a wife says a husband has hit her and there is no physical mark

Alex Watts :

Then it is only ever one persons word against another

Alex Watts :

That is still enough for a proseuction

Customer:

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?

Alex Watts :

If he is charged the Police can impose bail conditions not to contact her.

Alex Watts :

If he breaches he can be arrested and remanded in custody

Customer:

Can you wait a second, I will discuss this and get back to you in a moment....

Customer:

Thank you.

Alex Watts :

Of course.

Customer:

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.

Customer:

Thank you. I appreciate what you have done for us.

Alex Watts :

Indeed.

Alex Watts :

Can I help with anything else today?

Customer:

No thank you Alex. Of course I will rate you.

Alex Watts :

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

Alex Watts :

If you need more help please click repl

Alex Watts :

* reply *

Customer:

Thanks Alex.

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