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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70211
Experience:  Over 5 years in practice
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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.
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