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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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There. Last Friday night I went out with my boyfriend and

Customer Question

Hi there. Last Friday night I went out with my boyfriend and friends. One friend stayed the night on the sofa bed. She told me during the night my boyfriend got into bed with her and she woke up with his fingers inside her. She's reported him to the police. He's been charged and has a court service in a month. I was just wondering what your advice would be. He was extremely drunk and doesn't actually remember much- he said he remembers being close to her and "searching" for something. He's never committed a crime before, is extremely peaceful and kind, and his father died a month ago. He had to clean the body and saw it frozen- I think it has had a very bad effect on him. If he doesn't remember everything should he plead guilty anyway? There are also a few parts of her statement which are not true- for example that we had a fight in the restaurant. I'm not sure why she is doing this- I knew she could be mean but never thought she'd actually contact the police. I also have some messages from her threatening to get her ex to come and beat my boyfriend up- I've deleted them but maybe I could contact whatsapp to get them back.
What would your advice be? The next day my boyfriend signed up for a counsellor so I think that's a plus. But I realise in the eyes of the law it's a serious crime. He's meeting his solicitor on Wednesday but just wanted any other advice beforehand. Thank you
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
He doesn't want to be pleading guilty to assault by penetration without careful consideration. He will go to prison for eight years. It is not a minor offence.
Expert:  Jo C. replied 8 months ago.
Try to get the messages back. Might be useful. The only thing is that they do suggest there was some form of grievance which might not be what you want the jury to know about but it is better to have evidence and decide not to use it than not have it.
Expert:  Jo C. replied 8 months ago.
I really hope he hasn't told the police he can't remember what happened?

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