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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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What is the statute of limitations on false allegations

Customer Question

What is the statute of limitations on false sexual allegations which has been a part of family legal proceedings for child custody from January, 2012 ending in July 2013, which have been investigated by the health and police authroities over the same priod and shown to be without foundation?
Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

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

Jo C. :

There is no statute of limitations more is the pity.

Jo C. :

They are either way offences and so sadly allegations can be made at any time.

Jo C. :

You would not believe how much I wish there were a statute of limitations.

Jo C. :

But there is none.

Jo C. :

If you mean can a person be prosecuted after many years for perverting the course of justice then there is no statute of limitations upon that either.

Jo C. :

But the Crown will not. It is hard enough to get them to prosecute for offences against public justice at all without asking them to prosecute a stale matter.

Jo C. :

Unfortunately, if offences against public justice were taken seriously by the Crown far more witnesses would end up in the dock than currently do.

Jo C. :

Sorry if that is bad news.

Jo C. :

Can I clarify anything for you?

Jo C. :

Jo

JACUSTOMER-khr2qiyf- :

Thank you.

JACUSTOMER-khr2qiyf- :

Unfortunately thisdoesn't answer my question!

JACUSTOMER-khr2qiyf- :

I am th eone against whom false sexual allegations were made.

JACUSTOMER-khr2qiyf- :

I have been failed by the system and I want accountability.

JACUSTOMER-khr2qiyf- :

I am told I cannot do anything about this one year after the allegations were first made.

JACUSTOMER-khr2qiyf- :

I don't believe this.

Jo C. :

Well, it is as I have said really.

Jo C. :

Perverting is not time barred but they will not prosecute it.

Jo C. :

I think you have been receiving advice upon a defamation action which is time barred after a year but that is a civil claim and not really realistic anwyay.

Jo C. :

anyway.

JACUSTOMER-khr2qiyf- :

OK! That's astonishing to me since my solicitor has tolsd me to forget about it.

JACUSTOMER-khr2qiyf- :

If my current soliciotr will not pursue the matter how can i go about the situation - as I said to get accountability for lies that have caused terrible distress & damage to my young children.

JACUSTOMER-khr2qiyf- :

Thanks.

Jo C. :

Yes, it is outrageous.

Jo C. :

Offences against public justice are not taken very seriously in the UK at all.

Jo C. :

That is the real reason that CPS can get away with claiming there are very few false allegations of rape. That is untrue. There are many. They just don't prosecute them.

JACUSTOMER-khr2qiyf- :

You are telling me that I have recourse in law but I haven't got it!

JACUSTOMER-khr2qiyf- :

Could you please tell me if I seem to have recourse in law how do I get it?

JACUSTOMER-khr2qiyf- :

Thanks.

Jo C. :

Well, not in addition to what I have said.

Jo C. :

It is potentially perverting the course of justice which is not time barred but the police will not prosecute it.

Jo C. :

For the reasons I have explained.

JACUSTOMER-khr2qiyf- :

Sorry. I know this is a complicated area.

Jo C. :

It is not particularly. It is one I know very well. It is just not one that CPS like to pursue.

JACUSTOMER-khr2qiyf- :

I am not talking about goingthrough the Police.

JACUSTOMER-khr2qiyf- :

I am talking about a civil action.

Jo C. :

As I have said, a defamation is time barred after one year under the Defamation Act

JACUSTOMER-khr2qiyf- :

Thank you.

JACUSTOMER-khr2qiyf- :

For clarity you are saying that after 1 year I cannot pursue civil recourse.

JACUSTOMER-khr2qiyf- :

Also how doyou put a time on such allegations when they have been ongoing for such a long time.

Jo C. :

Yes.

Jo C. :

I cannot really comment on the merits of the law. If I made law there would be far more prosecutions for perverting the course of justice.

Jo C. :

And surrounding offences.

Jo C. :

If you mean when does time begin to run then it runs from the date of the false statement.

Jo C. :

You can always apply to extend time under S32 Limitation Act but you need a very good reason.

Jo C. :

for delay.

JACUSTOMER-khr2qiyf- :

Thank you.

Jo C. :

No problem. All the best.

JACUSTOMER-khr2qiyf- :

There must be a way that I can make this individual face the damage she has done to the children in particular.

JACUSTOMER-khr2qiyf- :

The individual has psychological problems.

Jo C. :

it is very difficult to get justice for the falsely accused.

Jo C. :

If people keep making allegations there is always a claim in harassment but there needs to be more than one.

JACUSTOMER-khr2qiyf- :

Is there any way I can legally seek accountability.

Jo C. :

Not in addition to what I have said above.

JACUSTOMER-khr2qiyf- :

In my particular case when one allegation had been found to be unfounded then another was made so that resolution of the far more important fammily custody and well-fare of the children was delayed and delayed whil in the end 3 investigations were carried out.?

Jo C. :

When was the last allegation?

JACUSTOMER-khr2qiyf- :

Sorry. I was taken away from the screen.

Jo C. :

No problem.

JACUSTOMER-khr2qiyf- :

The last allegation was in about November 2012

Jo C. :

That is time barred Im afraid.

Jo C. :

Under the Defamation Act

JACUSTOMER-khr2qiyf- :

One final thing.

Jo C. :

If there is more than one allegation then I suppose you could argue harassment. There is some helpful case law but the court will not like the delay.

Jo C. :

Unless, of course, she makes another allegation than then you could start proceedings.

Jo C. :

Including all matters on the basis that it is a course of conduct.

JACUSTOMER-khr2qiyf- :

The accuser withdrew the allegations from the police but a baby sitter who got in on the act when one of my young sons got very upset that he couldn't get back to hsi father and couldnt control his bowels over a period of time which was converted into further sexual allegations agaisnt me - she has not withdrawn her accusation. Does this mean that this is stil active?

Jo C. :

No.

Jo C. :

Time runs from the date of the false statement.

Jo C. :

If she repeats it then that would be different.

JACUSTOMER-khr2qiyf- :

OK

JACUSTOMER-khr2qiyf- :

Thanks very much for your time and trouble.

Jo C. :

No problem.

Jo C. :

All the best.

Jo C. :

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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