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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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Hello My sister is Accusing my dad of abusing her her 21 years

Customer Question

Hello My sister is Accusing my dad of abusing her her 21 years ago shes now 42 and its only now she has got him arrested , and the police arrested him for Gross Intent - I lived in same house and none of the stuff she claimed happened she claims my dad beat her up and touched her , also I have kids a 13 year old and a 5 year old and she told police they are reasons why shes reporting it - plus you must know this my dad is her step dad and before my mum meet my dad at age 5 years my sister was abused by my mums friends 18 year old son which got took to court - please advice me on what to tell my dad his a emotion wreck and very depressed and should he get a solicitor and what other steps should he do I as the youngest daughter 35yeat old now had made a statement explaining that nothing has happened in my childhood and all my years and life at my mum and dads was good which they was same as my kids got interviewed and all is good there, its doing our heads in as we know these are lies my sister knows of her abuse when she was 5 years but now claims to my mum she dunno what my mums talking about its like she has this vendetta towards family her life is loney and has no bf and always feeling like shes being bullied in every work force shes on help us with advice please thank you in advance
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Are you in the UK? There isn't an offence of gross intent?
Customer: replied 4 years ago.

yes where Uk and the accuser has got my dad arrested for gross intent

Expert:  Jo C. replied 4 years ago.
There is not an offence of gross intent in the UK?

There is not even an offence of gross indecency anymore.
Customer: replied 4 years ago.

oh well thats whats police said this in october 2013 - my sister claims she was 12 at time when my dad was ment of touched her now my sister is 42 years old

Customer: replied 4 years ago.

Im confused cos basically my sister is claiming my dad was abusive a sexual abuser when she was little i do not understand how this is as he was not like this we been trying to tell my sister for years that she could be mixing my dad up with her abuse when she was 5 years old but she never wants to talk about it , now shes saying we liers and she dunno what we talking about also i like to ask - if the case when she was 5 years old went to court and got thrown out this was 36 years ago can it be found again ? if police had to find or can we find it some how ?

Customer: replied 4 years ago.

Im lost - what has happened to my answer I paid £40 and i have had nothing from you it keeps saying your question is open to all Lawyers please I thought i was just talking to you can you tell me what is happening please

Expert:  Jo C. replied 4 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

Can you tell me what you wanted to know about this?
Customer: replied 4 years ago.

Im sorry im new to all this so i never knew it pushed you back - and what i want to know is all in my question - I need advice on what steps should my dad take and how serious this is as if my dad goes in jail its a innocent man thats being put away - also i asked if you could tell me if needed can it be found the case going back to 36 years ago when it went to court and thrown out from the sexual abuse my sister got when she was 5years old - cos i think that might answer alot of questions my sister has not even told police about that and that happened before my dad meet my mum

Expert:  Jo C. replied 4 years ago.
Thanks. I've read the facts. What I need to know is what is your specific question about this?

Only asking 'what steps should he take' could be answered by saying stay at home and drink tea but that is probably not what you wanted to know.

It doesn't matter how many questions there are.
Customer: replied 4 years ago.

Ok well 1st off Can an old case that went to court going back from 36 years ago be traced if needed too

Expert:  Jo C. replied 4 years ago.

Yes, unfortunately stale offences of sexual abuse can be prosecuted and regularly are.

This will be an either way or an indictable offence and so there is no time limit upon it.

There are problems with stale offences though. Delay is never good for a prosecution. The longer the delay the more like evidence is lost and memories are affected.

But, in principle, there can be a prosecution.

Hope this helps. Please let me know if you need more information.

Customer: replied 4 years ago.

Is my statement as natural daughter account for anything and is it too late for the other siblings and family members to write one ? cos we can prove thats nothing happened in the house i grew up in

Expert:  Jo C. replied 4 years ago.
What you are going to say?

That he didn't abuse you?
Customer: replied 4 years ago.

I have done it already ploice asked me to answer their questions like was mum and dad abusive did my dad touch me and how was i growing up am i close to my sister - i just told the truth that it was normal upbringing and nothing bad happened i got a few back handers but when i was teen as i was a horrid teen , and i have been brought up to be Honest and where a very open family idunno why my sister says its different for her shes made our upbringing sound like the Wests its horrible , but is it too late for the others to write one or you think it was wrong of me doing one ?

Expert:  Jo C. replied 4 years ago.
No, its a useful statement actually. It undermines hers.

If there are other people who can confirm that then that will be helpful.
Customer: replied 4 years ago.

Ok Now if we know shes lying and have heard from her mouth the lies when we know truth is it good to tell the Police that we know shes a lying , we not said to my said shes Liar by we know as certain things shes has said in her statement is moments i was there or my family members there and it was not nothing how she says , also she has lied about what she has told me in past and said shes told me different tell me is it good if we tell the police that we 100% shes Lying ?

Expert:  Jo C. replied 4 years ago.
Why do you know she is lying?

in what specific way can you prove lies?
Customer: replied 4 years ago.
I have no proof my self as i heard it the lying my self over Phone i asked her something Only i would know truth off and she said she dunno what im talking about and theres bits in statement which she Put my dad there Instead of me like exsample I was a teen and we all was play fighting me and family and I grab a rose from the Verse and LOL i know its silly but I pushed it down her pants and and my mum and dad told me off - Now she claims that i was too young for one to remember ( which i was like 15 ) and two she says my dad done that ( when it was clearly me ) three she claims she was 12 when it happened she was 18 ) , me and my sister was only joking about it like weeks before she reported my dad , Plus she claims she was Beaten up everyday by my dad when i clearly saw my sister as lil girl always in a book and studing and had no signs of beatings , also she claims to me 7 years ago she was 12 and my dad abused her sexually in a computer room now we had no computer when she was 12 and she has not mentioned that in her statement , also she says that the Police had to talk to my Kids cos of a outburst of one word my son said 12 months ago - also another lie i know is she said her ex married Bf stalked her 2 years and it was like too much for us as she claimed her was at her door then runs away and then he was across from her at Train station everyday also he ended up in her work place working there and this Guy is married living like 300 Miles away suddenly it stoped when she said she told police and they called him by cell phone and told him to stop and he did o.0 - All her crap does not at up but as i said theres some things which i know myself is Lies but how to Prove them idunno - have you got any advice on what i can do ?
Expert:  Jo C. replied 4 years ago.
I'm really sorry but I don't understand?

If you are saying that you can deny parts of her statement then that will be helpful to reduce her credibility. These things rest upon credibility so anything that can be done to shake at that will help.
Customer: replied 4 years ago.

well aswell as that its the Blatant shes told us over Phone - idunno if they in her statement but we asked her something We only know off and she turned around and lied that she dunno what we talking about But she does we talked about this Thing a few times over years so say if i Know shes Lying heard for my self shes Lying but can not prove it , do you think its wise for me to tell the Police i KNOW shes Lying ?

Expert:  Jo C. replied 4 years ago.
Do you mean lying over the facts of this case though?