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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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An ex partner has been charged with assault on my 10 year

Resolved Question:

An ex partner has been charged with assault on my 10 year old granddaughter. I believe that this is not the truth and he is innocent. I have given a police statement stating this fact. Will I be called to court as a prosecution witness
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Were you witness to the incident?

Customer: replied 1 year ago.
Well its not sexual assault. she claims he touched her leg and tried to kiss her. The alleged incidents were carried out in my home and I was always there when the children were. I live in a very small bungalow. My ex and I did not live together and actually split up in Jan 2015.The accusation have been made this year in April 2016. He use to help her with a reading and sometimes when she got things right he use to give her a peck on the side of the head, this I did Witness as I was in the room and it certainly wasn't sinister
Expert:  Jo C. replied 1 year ago.

Does she allege that you were there at the time of the assaults?

Customer: replied 1 year ago.
I think she has said that I was in the house because obviously I was she has a younger brother who was also there every time she was but obviously not sure if she has said I was out of the room at the time as obviously haven't see her statement
Expert:  Jo C. replied 1 year ago.

OK.

You can always make a statement to the effect that you didn't see anything. Whether the defence will use it depends.

I would generally want to call a witness if they should have seen something on the evidence of the Crown and did not. With sexual assaults obviously that is harder to do. Usually they take place in private.

If you can say anything that undermines her account then that will probably be useful to the defence in particular if you are no longer together.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Well basically Obviously I had to give a police statement because they said it allegedly took place in my home and I have Stated
that I do not believe anything took place . It has now been referred to crown Court. what I want to know is will the prosecution call me as a witness I assumed the defence would and I assume I cannot be a witness for both
Expert:  Jo C. replied 1 year ago.

The prosecution won't if you can't support their case.

The defence might.

Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Because I am pretty certain he is innocent I want to stand as a defence witness although as you can appreciate it has caused a family rift, but I cannot lie because I am afraid I do not believe it. obviously I am concerned for my granddaughter but I cannot be dishonest, because he was a kind caring thoughtful man to both my grandchildren. People may think that's a bit strange. just because we are no longer together