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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4810
Experience:  Owner at James Bruce Solicitors
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Falsely accused of assault and gbh with intent, England,

Customer Question

Falsely accused of sexual assault and gbh with intent
JA: Where is this? It matters because laws vary by location.
Customer: England
JA: What steps have been taken so far?
Customer: Arrested and bailed
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 17 days ago.
Category: Law
Expert:  james bruce replied 17 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

How may I assist?

Customer: replied 17 days ago.
I was with my ex partner for 2 and a half years. We're both female. We had a BDSM relationship. She's claiming I used sez toys on her without her consent and Hurt her by cutting her. I did cut her a few times as we tried out something called knife play, which she consented to. But she's claiming that I hurt her more using self harm scars.
Expert:  james bruce replied 17 days ago.

Sorry call offers are auto generated from the site, not from me. I am currently unavailable for calls, but more than happy to continue here.

Customer: replied 17 days ago.
that's fine
Expert:  james bruce replied 17 days ago.

understood, so how can I assist?

Customer: replied 17 days ago.
Like I said in the message. I've been falsely accused by my ex of sexual assault with a sex toy and of gbh as I cut her a couple of times while we tried knife play. I'm not sure what to do next
Customer: replied 17 days ago.
She also cut me in the knife play... She's saying he hasn't consented to it but she did
Customer: replied 17 days ago.
She's using scars from self harming, claiming that I did them.
Customer: replied 17 days ago.
She's also claiming that I was controlling in the relationship. But it was her that was the Controlling on
Expert:  james bruce replied 17 days ago.

At this stage there is nothing you can do. You have been arrested, interviewed and bailed. The Crown Prosecution service will decide based on any evidence whether to charge and prosecute you.

If they do, then you would go to court, it would be Crown court based on the charges.

You would enter a not guilty plea and then case would go off for trail by jury.

The prosecution would put their case and evidence, your defence would put your case of consensual BDSM etc.

A jury would then decide which account to believe.

Customer: replied 17 days ago.
But the police will only take her evidence...? I have evidence that we were in a good relationship and evidence she bought sex toys which we used
Customer: replied 17 days ago.
I have witnesses who can testify that she openly talked about our sex life and that she was the Controlling on
Customer: replied 17 days ago.
Also would it be worth paying a solicitor to get involved at this stage to help? Thank you
Expert:  james bruce replied 17 days ago.

Did you not have a solicitor at the police station?

Customer: replied 17 days ago.
a legal aid solicitor who said it would come nfa....but I'm still scared and I haven't had any response from him yet? Will the police look at my evidence as well? Or just go off her evidence
Expert:  james bruce replied 17 days ago.

It may well be a case that no further action will be taken.

It is very much a case of your word against hers.

You would have made a statement in interview, ant physical evidence would come latter if you are charged.

Customer: replied 16 days ago.
the police won't look at my evidence that I have now.? Or talk to my witnesses? Sorry for all the questions, I have two children that I'm very worried about and I've never been in trou le with the police before. Thank you
Expert:  james bruce replied 16 days ago.

If you raised that evidence in interview and gave names etc, they may well follow through and make enquiries that is part of the reason for police bail.

Customer: replied 16 days ago.
Okay, is it bad for me that I admitted making some cuts while having sex.? I admitted that, but she's claiming I made bigger cuts which she got from self harming.
Expert:  james bruce replied 16 days ago.

Yes it is bad. Consent can be given and minor injury caused, but there are limits. It will come down to a trial and the level of injury and proof as to who caused what.

Customer: replied 16 days ago.
But the cuts were minor...how can I prove that
Customer: replied 16 days ago.
like I said she consented and wanted me to do that to her
Expert:  james bruce replied 16 days ago.

Any knife injuries are dangerous and serious, this is the risk you take with these types of sexual acts.

You don t have to prove nothing, the prosecution has the burden of proof.

Customer: replied 16 days ago.
Could it still be nfa even though I've admitted the small cuts?
Expert:  james bruce replied 16 days ago.

Possibly that is up to the CPS.

Customer: replied 16 days ago.
Do you think it's likely to go to court.? There is no evidence either way, as she never received medical attention for the small cuts or her self harm cuts
Expert:  james bruce replied 16 days ago.

There is evidence, her statement of complaint, her injuries etc are all evidence. Simply because they differ form your account does not mean they do not count as evidence.

It really is a matter for the CPS to decide on, it is completely in their hands.

Customer: replied 16 days ago.
Okay. Thank you for your help
Expert:  james bruce replied 16 days ago.

Your very welcome, I hope it all works out ok for you. Take care.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 16 days ago.
Hi, sorry. Can I give the police some evidence now at this stage of the investigation? I have letters from throughout our relationship which show it wasnt like she said it was and screen shots of things she bought in our relationship which show she consented and parcitated in a BDSM relationship. Thank you
Expert:  james bruce replied 16 days ago.

You can contact the officer dealing with the case and advise what you have. Yes.