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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70302
Experience:  Over 5 years in practice
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C. I have a bit of an issue that occurred on 10th September

Customer Question

For Jo C.
Good morning. I have a bit of an issue that occurred on 10th September this year. I had been out on a date & as such had a few to drink. On the way back home I decided to meet some friends in a local pub/ sports club to watch the end of the football. Having been there for a couple of hours myself and one of my friends went out onto the football pitch to have a kick around with a couple of kids (10-12).
Unfortunately at some point my trousers fell down and unintentionally I had exposed myself. My friend had gone back into the pub at this point. One of the kids went inside to tell an adult. Following this, two of the adults confronted me outside. I tried to explain but they pushed me to the floor & started kicking me! My friend then appeared and just said "we need to get out of here". And so we left & I headed back home as I feared for my safety.
On the following Monday (12th) I found out that the police had been to the pub to take cctv, etc. I'm not sure who phoned them. I went to the police station as I wanted to explain that it was an accident and that I would never do something like this intentionally. The police officer in charge of the case wasn't there but I left my details and she contacted me by telephone a couple of hours later. I explained to her my version of events and mentioned that I was due to go on holiday for 3 days the following day. She was fine with this, but she said that she would need to make more enquiries and then speak to me again.
I have been worried sick about this and really unsure what is happening with it now. I have spoken to a solicitor who specialises in police station representation. She has tried contacting the officer for an update but so far has been unsuccessful.
However, I spoke to her again on Monday and she seems to think that it is unlikely that anything will come of it now. She is of the opinion that the police would have either arrested me or called me in for a voluntary interview by now if they were looking to charge me, as it is almost 6 weeks now since the incident.
I just wanted to get your thoughts as I see that you have provided feedback on similar incidents previously.
Submitted: 10 months ago.
Category: Law
Expert:  Nicola-mod replied 10 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 10 months ago.
I'm ok with waiting a bit longer.
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jo C. replied 10 months ago.

Sorry for the delay.

What is your question about this please?

Customer: replied 10 months ago.
Firstly, is it normal for the police to take so long after the offence to speak to me again ie. interview me.Secondly, what sort of punishment do you think that I would be looking at if I am unable to prove that it wasn't intentional? I have a drugs caution from 2006 & a drink driving from 2007 but nothing relating to this kind of offence.
Expert:  Jo C. replied 10 months ago.

Yes, fairly. They cannot give undivided attention to this case.

If this is charged as an indecent exposure rather than a lewd act under the public order act or outraging public decency then the sentence is not necessarily the major issue. If the allegation is that you exposed yourself to children then you would be facing a short custodial sentence which you may persuade the judge to suspend.

But the problem is that you would be added to the sex offender's register. It is not the sentence per se but the anciliary orders that cause people difficulties.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
the register is a worry as I am worried at how it could affect my employment.
I'm also concerned that if it got to court that everything would become public.
As things stand I don't know exactly what the alligation is or what evidence they have.
Is there any chance that they may offer me a caution?
Expert:  Jo C. replied 10 months ago.

Not if the allegation is that you exposed yourself to children and anyway cautions do lead to additions to the register.

Unless it is a non trigger offence like outraging public decency.