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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 10257
Experience:  I have been practising for 30 years.
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This girl has been asked to name specific markings on the

Customer Question

this girl has been asked to name specific markings on the accused body and has not named obvious markings on him how will the courts see this?
Submitted: 8 months ago.
Category: Family Law
Expert:  F E Smith replied 8 months ago.

Criminal matters like this have to be decided beyond all reasonable doubt (in the civil court it is on the balance of probabilities) and that is a high burden of proof. If she says, for example, that the man had tattoos of lions on both arms and he did have tattoos on both arms but they were tigers, that would not help the man.

If he had no tattoos on both arms that would really help him.

If he had tattoos on his arms but for example of coats of arms or something un wildcat related that would help him.

So it depends what the markings are on the accused body and the extent of what she has named or not named or named incorrectly.

Can I clarify anything else for you?

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Customer: replied 8 months ago.
she has said he had tottoes on his arms but it is on his shoulder
But never mentioned that he was very hairy and that would be very noticeable?
Expert:  F E Smith replied 8 months ago.

It depends what she means by arms and what you mean by shoulders.

If it is on the shoulder blade will that isn’t arm.

If however it anywhere on the sleeve of a shirt type area, from the seam around the armpit and above the shoulder, that would be the arm.

If you are asked was that anything else distinctive about him, and she said about the body hair, that would certainly assist her and not him and assist him and not her if she said there was nothing else.

It depends on the circumstances as to why she didn’t mention it.

It also begs the question as to why, if she has had all these other men, why she is singling this one out for “special attention”.

If she is for example accusing this one of rape, it can go against the accused because if she has had so many many willingly, it seems unlikely that she would single one out to alleged rape if it didn’t happen.

The really not enough facts here to do anything other than speculate.