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Aaron D
Aaron D, Barrister
Category: Law
Satisfied Customers: 568
Experience:  LLB, BPTC
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Does a teacher holding you and forcibly kissing you common

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Does a teacher holding you and forcibly kissing you common assault.
JA: Where is this? It matters because laws vary by location.
Customer: the uk and it was in 1993
JA: What steps have been taken so far?
Customer: Nothing because the officer told me it was common assault and I should of reported it within six months of it happening
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Depending on the circumstances, this could be deemed either a common assault or a sexual assault. If it was kissing on the lips then I would suggest it is a sexual assault. If it was on the cheek for example then it would be a common assault.

It is correct that a charge of common assault must be brought within 6 months of the incident.

If you think the Police Officer has got this wrong then you can complain here: https://www.policeconduct.gov.uk/complaints-reviews-and-appeals/make-complaint. You should complain to your local force first, there are details on the link.

As this was a kiss and it was so long ago the Police/ CPS might decide it is not worthwhile pursuing. This is because there will be limited evidence now from 1993 but also because they have to consider the gravity of the offence. I'm not trying to suggest that an unwanted kiss is ok, I'm sure it was very unpleasant for you however as you will imagine the Police have to put things in context and due to the evidential issues in historic cases will only pursue the most serious offences.

I hope this assists.

Customer: replied 5 days ago.
He stopped me from leaving started trying to kiss me and then forced his tongue in my mouth.
I tried to get him off me but he was too strong and I couldn’t get away.
I never stopped struggling and when he pulled away from me he started telling me he was sorry and to not tell anyone, he bruised my arms and would not release me until I agreed.
I’m finding it very hard to see that as common assault.What he did is just the tip of an iceberg really, as I was being groomed by another teacher at the time. Who managed to convince me the other teacher was sorry and I should forgive him.
That’s why I never reported it, I told another teacher and he did nothing.

On the basis of what you have further clarified it sounds like a sexual assault.

Like I have said, approach the Police force and try to get them to review it. If they won't then you can try to complain through their complaints procedure and it will be reviewed by a more senior officer.

Police officers in my experience have only a very limited knowledge of the law so it may need escalating before someone with the right knowledge/ expertise picks it up and looks at it properly.

As I said before though, the Police will need to consider whether there will be sufficient evidence seeing as this was so long ago. Obviously the more time that passes between an offence and the investigation, the harder it generally is to prove.

Customer: replied 5 days ago.
I have no evidence, just my word and the other teacher who groomed me who talked to him about what he did to me.
It’s not that they won’t prosecute that’s so hard to cope with, it’s the fact that the officer just shut me down by saying I should of reported it within six months. I’m not sure how I was supposed to know that at that 17 years old.
I’m scared if I complain I will find it even harder to get anyone to listen.I reported because I couldn’t get it out of my head that there was something bigger going on there. I had three different teachers after sex with me. I was groomed into having full sex with one of them for two years.

I'm sorry to hear about your difficulties but if you want to take this further you need to go back to the Police and if they won't assist you will need to complain. How else do you expect to resolve this?

The Police have a solid complaints procedure and your matter will be reviewed by a different officer to the one who has previously spoken to you.

Customer: replied 5 days ago.
I don’t expect to resolve it, as you said it’s not really a priority for them.
I just wanted to know if what I was told was right.This hasn’t been easy for me to face, let alone report to the police.I know that if I want to take it further and complain I can. I just need to get over my mistrust I suppose.
Customer: replied 5 days ago.
He doesn’t even have a full statement from me which worries me because if I do complain they will only review what I have told him so far. Therefore coming to the same conclusion.

In which case you simply ensure you put sufficient detail into the complaint.

When you initially told me it was a kiss I was unsure whether it was a sexual assault. Since you have told me the kiss was to the lips and involved tongues that make is unquestionably a sexual assault.

Have you considered seeking assistance from a sexual abuse charity. You can find a local one on Google. One such example is this: https://www.thesurvivorstrust.org/

Customer: replied 4 days ago.
I have considered it and
I have recently contacted victim support, I’m currently waiting for them to give me some support.Thank you
It helps to know that it’s not just me who thinks common assault doesn’t fit here.I will take a look at the website you recommended too. As I’m completely over my head here and need something. I’m driving myself crazy. Never thought I would be dealing with this now.Thank you again

No problem. I'm glad I could be of some help.

Good luck in taking the matter further.

Aaron D and other Law Specialists are ready to help you