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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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I was lift by the police 4 months ago, some said I was stalking

Resolved Question:

I was lift by the police 4 months ago, some said I was stalking them. Which has turned out to be lies. How can I take this further?
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. :

What action are you hoping to take about this please?

Customer: Not sure what to do
Jo C. :

What action are you hoping to take?

Customer: What are my options
Jo C. :

When you say it turned out to be lies, was the accuser prosecuted for perverting the course of justice and convicted?

Customer: The police found out it was all made up by this woman. So they didn't take it further. But I think I will take it further. What could I do to take it further?
Jo C. :

Does that mean they didn't prosecute her?

Jo C. :

So, in fact, it cannot be proven that it was all made up?

Jo C. :

It is just that they decided not to charge.

Customer: It's it not defamation of character?
Jo C. :

Well, it depends.

Jo C. :

The problem here fundamentally is that you are confusing not being charged with being able to prove that this person was lying.

Jo C. :

There are lots of reasons that a person may not be charged.

Jo C. :

One of them is that they are innocent but there are many others.

Jo C. :

Not everybody who is not charged is innocent of all wrongdoing.

Jo C. :

And even if they were, that still doesn't mean the accuser was lying as opposed to just wrong but honestly mistaken.

Jo C. :

Sometimes complainants do lie.

Jo C. :

In particular with stalking and other similar relationship based allegations.

Jo C. :

If it is possible to prove lies then there are actions open to you.

Jo C. :

You could take out a private prosecution for perverting the course of justice. That will cost in excess of £50k I'm afraid and CPS may take it over and drop it although it must be said that they do not generally.

Jo C. :

You could sue for defamation. That will cost in excess of £10k

Jo C. :

The better option usually with repeated false accusers is to sue for harassment. There is very helpful caselaw now and that action is more accessible.

Jo C. :

But there needs to be more than one allegation.

Jo C. :

The leading cases involve literally thousands of allegations.

Jo C. :

But all of these actions rely upon you being able to prove lies as opposed to honest mistake.

Jo C. :

I have to say that I think honest mistake is a bit of a red herring.

Jo C. :

If a reasonable person is being stalked then they know they are being stalked. It isn't really something you can be mistaken about.

Jo C. :

But false accusers are pretty good at covering their tracks.

Customer: Yeah
Customer: This person is taking drugs every week to. That is why I left her in the first place
Jo C. :

The trouble with this is that male abuse is generally illegal.

Jo C. :

Whereas female abuse is usually not.

Jo C. :

All that stuff that amounts to classic female abuser - withholding post so your 'abuser' has to contact you and you can then complain about the contact, taking out orders and not enforcing them consistently, contact denial etc - are all perfectly lawful or only very minor offences.

Jo C. :

There is no way around that.

Jo C. :

You just have to have nothing to do ever with a person with a background of making allegations of abuse.

Customer: Yeah thank for the advice
Jo C. :

No problem and all the best. 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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