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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My dad has been accused of occasion child abuse and one of

Customer Question

My dad has been accused of occasion child abuse and one of child rape
( apparently he forced her to preform oral sex once).
This is said to have happened 17 years ago when she was 6.
It's breaking him, mum and me we haven't told the grandchildren or family yet.
Says he has no defence, what can he say? Says it just didn't happen!
Can this really go to court after 17 years?
How can he disprove it?
How can she prove it?
It's going to kill him, already is.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know at what stage proceedings are at?

JACUSTOMER-k6l26zl5- : I have to take my dad to the police station on 18 February to see what CPS want to do.
Alex Watts :

Ok - you cant stop a matter going to Court sadly.

Alex Watts :

But the Police must decide whether they have enough evidence to get a realistic prospect of conviction

Alex Watts :

However when he goes back the Police can rebail to another date, charge or take no further action

Alex Watts :

Your Dad, if it goes to Court does not have to prove or disprove anything

Alex Watts :

The Police must prove beyond doubt that the offence took place.

Alex Watts :

They must prove beyond reasonable doubt. You Dad does not have to prove he is innocent/

Alex Watts :

Sadly you cant stop people making complaints and the Police have a duty to investigate.

Alex Watts :

But if there is not enough evidence they won't take it to Court/

Alex Watts :

But if it does go to Court, its not a case your Dad does not have a defence given time, its the Police who have to prove the crimes took place, so that a jury is satisfied.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-k6l26zl5- : In your professional opinion ( and I know you can't be sure of anything)
JACUSTOMER-k6l26zl5- : will this go to court, there is simply no evidence!
Alex Watts :

If there is no evidence and no prospect of a conviction then no

Alex Watts :

But you can't be sure as you say

Alex Watts :

Does that help?

JACUSTOMER-k6l26zl5- : Thank you. It's just the not knowing.
Alex Watts :

I know and I am sorry

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-k6l26zl5- : Hi!
JACUSTOMER-k6l26zl5- : i told my dad what you told me, he seems to think they know longer need to have evidence to proceed to court with a case like this, can the police really charge him just from her statement?
Alex Watts :

They need to establish that there is enough evidence for a realistic prospect of a conviction

Alex Watts :

Please see the CPS Prosecutors code:

Alex Watts :

http://www.cps.gov.uk/publications/code_for_crown_prosecutors/codetest.html

Alex Watts :

Does that clairfy>

JACUSTOMER-k6l26zl5- : So they can't just go to court on a statement alone, they need more?it can't just be down to who tells the best story can it?
Alex Watts :

Does that help?

Alex Watts :

It is possible, but that may well not be enough to secure a realistic conviction. They would need witnesses, other complainants etc.

JACUSTOMER-k6l26zl5- : One last question! Wouldn't they want to talk to him more than once? Surely they'd re interview him wouldn't they? Even if it was just to make sure he still said the same things? If they wanted to talk it further they'd want him in again before the bail date wouldn't they?
Alex Watts :

I can't say - it really depends on the investigating officer. You would think they would want to talk more than once but then that is the Police for you!

Alex Watts :

Does that clarify?

JACUSTOMER-k6l26zl5- : Is the girls statement classed as "evidence"?
Alex Watts :

Yes it could be

JACUSTOMER-k6l26zl5- : im sorry to keep hassling you, but if it happen 17 years ago when she was 6! How can there be any proof or evidence to go on, how do these things ever get ant further than an investigation? It's just that it's killing my mum and dad I simply don't know how much more he can take!
Alex Watts :

I understand that this is hard. But it could be considered as evidence, it would be a matter for the reviewing lawyer to see if there a realistic prospect of a conviction.

JACUSTOMER-k6l26zl5- : But how do we know it's just not a story or a lie! Or part truths it's so long ago?
Alex Watts :

I understand, but that may be an issue for the Court to decide.

Alex Watts :

But the lawyer reviewing should make a decision

Alex Watts :

I am sorry

JACUSTOMER-k6l26zl5- : Ok....thank you.
Alex Watts :

If this does answer your question might I ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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
< Last | Next >
  • http://ww2.justanswer.com/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.com/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.com/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.com/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.com/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.com/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.com/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
 
 
 

Related Law Questions