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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My wife is having an affair with a black man. I have found

Customer Question

My wife is having an affair with a black man.
I have found out and have text him and called him a ni**er. He has reported me to the police. I also threatened him. Will the police charge me?
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.
I am sorry but there is a risk they could act against you. It is a malicious communication ultimately. I have to say that if I made policy we wouldn't waste resources on this twaddle but I do not.
If you have no previous convictions then they may offer you a caution.
You may be lucky. They may tell him that it is a civil matter but you cannot rely upon that I am afraid.
I do realise that it is incredibly trivial and no reasonable person would report this to the police but the truth is that most crime is mindless trivia. I prosecute all the time and I am afraid that there are just serial reporters who complain about the type of thing that happen to us all regularly and we don't report it because we are all adults.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Police wants to interview me under causation what does this mean
Expert:  Jo C. replied 2 years ago.
It just means they have invited you in for an interview.
They may offer a caution although the difficulty here is that there is racial aggravation. There isn't an offence of racially aggravated malicious communication but because of the racism they may say it has to be charged.
For what it is worth, if I made policy I would pick all hate crime up and drop it down on the Jeremy Kyle show including domestics.
I am happy to continue with this but please leave feedback for my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
I will leave a very possitive feedback for you
He has also texted me calling me a Paki and a Fxxxing Moslem
Expert:  Jo C. replied 2 years ago.
I would hang onto to those texts. They may be very useful.
This is really difficult. You will find the offence here
http://www.legislation.gov.uk/ukpga/1988/27/section/1
and essentially it is going to be put on the basis that the message was grossly offensive. It is not grossly offensive within the meaning of the reasonable person if you think about what those words actually mean. It is mildly offensive. Being accused of being a child abuser is grossly offensive. Being called a naughty word that he must have heard many times before is nothing even remotely like grossly offensive.
However, the problem is that it is summary only so can only be tried by Magistrates and I wouldn't bet anything valuable upon them having the courage to agree that sending a message that was insult really amounts to giving gross offence.

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