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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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Can you please give me some advice? I don't know where

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Hello. Can you please give me some advice? I don't know where to begin, but this is about a young man of 30, (it is not me, but I am related to him) who committed a minor sex offence 5 years ago and who is having his life torn apart. It started with a 14/15 year old girl, (who had a crush on him but in whom he was not in the least bit interested, who also happened to be the daughter of some friends of ours) sending him very 'adult' texts regarding what she would like to do to him sexually (things I'd never heard of at her age!!). One night, we were at a party with these friends and I asked my son (who was 24 at that time and who had had a few drinks) to run home, just a street or two away, to get some food for the party. He was just leaving, when this young girl pleaded with her father to be allowed to go with the young man. Her father consented. Out in the street, they kissed and this young man's hands wandered down to her pubic area, but there was no penetration. He suddenly realised what was happening and put an abrupt stop to it, as he realised how stupidly he was behaving and that it was against the law. The following week, the girl sent him a text, thanking him for what had happened. However, she had a told a friend about it, whose father is a policeman and he reported it to the police, whereupon the CPS took over and had him arrested and tried for a sex offence. He was put on probation for two years and his name was put on the Sex Offenders' Register for 5 years, which is due to end in two weeks' time. In the meantime, he had managed to get a job, despite having to admit his offence to his prospective employers (very honestly and very bravely, in my opinion). He has now been working and enjoying his job for the last nine months, happy to be trusted and believed in, once again. Three days ago, someone rang the firm and told them they had a 'sex offender' working for them (which, of course, they knew), but now my son has (very reluctantly on their part) had to resign from the job and is heartbroken. He has a completely clear record from the police and no other stain on his character. The firm told him they were terribly sorry this had to happen, as he had a done a very good job, but that the incidence of the reporting from the person was not going to go away. Where do we turn? We are devasted that someone could be so evil and he, as I said, is heartbroken. Is there something that can legally be done to stop this malice. The firm could not reveal who it was. I'm sorry to go on so long, but is there any hope for this young man in the future, or is his life permanently ruined?
Thank you for your question. My name is ***** ***** I will try to help with this.
What are you hoping to do about this please?
Customer: replied 2 years ago.
We would like to find out if it is possible to put a stop to this kind of thing happening in the future. We would like to know if the police can do anything to stop this malicious person from causing this trouble and any further incidents of this kind from anyone else. Is this one mistake, for which he has well and truly paid, (with depression and low self-esteem as well and, having thought it was over and he could live a normal life now, as well as feeling trusted and worthwhile again), going to mar the rest of his life? Will he ever be able to get a job and keep it? Because I'm frightened he will kill himself.
There is nothing that can be done about the fact that a person has made truthful disclosure. Come what may, he does have a conviction of this nature.
He can work with this conviction. He just needs to disclose it and find an employer that will manage it.
In principle, if a person then begain to hound him thereafter and reveal this is circumstances where there is no good reason to do so then that would be harassment. It is not made out here since the employers did dismiss him. In those circumstances it becomes impossible to argue that this was not a proper disclosure.
Can I clarify anything for you?
Customer: replied 2 years ago.
I don't think you understand. He has disclosed his conviction to his employer and they still gave him the job. They've been more than happy with his performance at work for the last 9 months. This malicious person made the phone call to his employer last Friday, just two weeks before he is due to come off the Offenders' list. This has led to their suggesting he resigns, as they said 'it won't go away' . I want you to know that he takes full responsibility for the crime he committed and is and always will be desperately sorry it ever happened. This person has obviously found out where he works and is making trouble for him. Should he have to suffer this kind of thing after having served his sentence and got a good report from the police. I'm sorry if I sound dramatic, but this really could destroy his life.
Customer: replied 2 years ago.
You must understand that he has lost the one job where he felt people had begun to trust him again. This is devastating. How on earth is he supposed to deal with people who make malicious phone calls and how do we keep it from happening again? Please help us.
There isn't any way of preventing a person from making truthful disclosure to his employer.
On these facts, there just isn't any wrongful act.
If this person were a police officer, for instance, who obtained this information by improper means then that would be different but there isn't any evidence here that he is.
Come what may, his employer didn't need to dismiss him but he has chosen to do so. It seems an odd decision if this were disclosed anyway.
The trouble is that you are presuming that it was the original accuser which may be likely but that isn't the same thing as being able to prove that it is.
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