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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my 14 year old son went on holiday with his cousin who is a

Resolved Question:

my 14 year old son went on holiday with his cousin who is a 16 year old girl
they watched a film in her room with her younger brother,he texted his mum who was
next door to say he was going to stay there that night! she saw no harm and said ok.
next day the girl went to her mum (also on holiday with her) and said my son had
felt her bottom and tried to kiss her (they where sharing a bed)! her father is now livid
and wants to inform the police of my sons actions. my son admitted to it but said
it was more of a accident !!mmmm!! what happens now ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if the police have been in touch?
Customer: No not yet Alex need to know the implications and what possible action they may take
Alex Watts : I assume it was an accident and just a brush
Customer: No he felt her bottom while in bed
Alex Watts : Ok. Sis he as if in interview?
Alex Watts : did he admit it interview?
Customer:

no interview yet ! want to know what could happen if charged and what charge there could be

Alex Watts :

Does he have any previous?

Customer:

no a really good boy ! only just turned 14 and guess hormones flying !

Customer:

still no excuse

Alex Watts :

Ok - then first offence if he admits it one of two things can happen:

Alex Watts :

1) Referral Order - which is a non custodial option

Alex Watts :

2) Custody - its called a Detention and Training Order\=

Alex Watts :

Given it was a brush, then I think in reality he won't go to prison for this.

Alex Watts :

But first offence is only ever a referral order or custody if there is a guilty plea

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

this goes deeper than the offence alex as her mother and her farther had a nasty divorce

Customer:

and he is using this to get at her and the extended family

Customer:

the two children still got on for rest of holiday im told and was no harse words spoken

Customer:

now hes putting words in her mouth and its starting to esculate !

Customer:

a brush on the bum now turning into a nightmare!!

Alex Watts :

Sure. But if it was a brush, then if it was not intentional then its not an offence, if it was intentional and was meant to be sexual then it is an offence.

Alex Watts :

But in any event I can't see custody as an option for a brush on the bum

Alex Watts :

Can I clarify anything else?

Customer:

it was intentional but they had been tickling each other and he left it

Customer:

she went to sleep and then he grabbed her bum and thought they wher still playing

Customer:

but she has taken it the wrong way

Customer:

and making it out to be a sexual thing

Customer:

I guess we have to let the dice roll and see what there next step is

Customer:

just trying to understand all implications for my son

Alex Watts :

Yes this does not change it.

Alex Watts :

The test is the same, if the touching was intentional and sexual then its an offence.

Alex Watts :

If it was not sexual, then it is not an offence.

Alex Watts :

So if he says it was no sexual, there is no crime

Alex Watts :

Does that help?

Customer:

yes thank you I will let you know if I hear anything else ! gone quiet at mo so will see what happens next . thankyou for all your help !

Alex Watts : Happy to help. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
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