How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69993
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My sister has recently spent several years in various mental

Resolved Question:

My sister has recently spent several years in various mental institutions . She was released roughly four months ago into a group home . Before she was released I knew how vulnerable she was & so myself & her daughter applied to the court of protection so that if she got involved so soon with another male that her daughter had control over her finances & she wouldn't be open to deception by a man . Within a month she became friendly with a man & they began a sexual relationship . After a month she accused him of raping her & the police dealt with the matter by having him restricted from going near her . Now she has to attend court proceedings against him on the 10th of December 2014 , but she doesn't have a mental health advocate to stand up & speak for her in court . What should she do ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If you mean she has to attend court to give evidence against him in the course of a trial then her only options are either to attend or try to withdraw.
A Crown's witness would never be assisted by a mental health advocate. They contaminate evidence. The very highest option that is sometimes available is to an intermediary who are, in my opinion, a complete waste of space. I prosecute all the time and I have never seen the benefit of an intermediary and frankly I suspect jurors think it is ridiculous. Counsel is perfectly capable of asking simple questions that are appropriate to the audience without the assistance of an extremely expensive special measure who mostly will achieve nothing.
If she doesn't want to go to court then she can try to withdraw. It is not a domestic so they probably won't summons.
But obviously there are risks in doing that as he may act against her afterwards. That said, he could do that anyway if he is acquitted. That whole area is very news topical at the moment.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
The thing is she is likely to sit crying all the way through the proceedings , if she is asked a question she will cry . She is my sister , I have to support her . I'm hoping she will learn a valuable lesson from this . She hopped into bed with him , then when he became too physical for her , she has reported him for rape . He's a much younger man .
Expert:  Jo C. replied 2 years ago.
Well, that is a risk.
Ultimately he may well be acquitted.
She will only have to be there for her own evidence but I am afraid that allegations of rape are very serious and he has every right to contest it as you would expect to be the case if somebody made this claim against you.
Jo C., Barrister
Category: Law
Satisfied Customers: 69993
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice