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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12196
Experience:  30 years as a practising solicitor.
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, My name is ***** ***** am a Venezuelan lady who has a British

Customer Question

, My name is ***** ***** am a Venezuelan lady who has a British nationality too, I have an incident in the Assembly room during the week of the music festival when I took my son to perform a poem. The care assistant of the place pass beside me where I was standing out in the door toilet and he pinch my right bottom, I complaing toward him and he said he thought he was touching my back, there were 2 men who might have heard his statement. I phone the police later on that day and also wrote a complain to highland council, he was suspended few days, and went back to work , after I have an interview with the highland manager he told me he cant explain to me why but our versions were differer.
It took me 6 month to get an answer from the Fiscal in charge of my case it was because I said to the secretary I was going to make a formal complain
He sent me a letter saying he read my case carefully and there is not evidence witness or CCTV camera, and he said the care assistance mention he did not touch my bottom he touch my back when he went inside lady toiles to chance the papers.
I have not been in the place taking my kids alone to any activities like karate or any shows my husband goes instead, I am looking forward to see a Councillor to make me feel better because I feel like anybody can touch me now and I have to pretend it does not matter as I dont have witness.
I never receive a letter from the highland council as apology as his employee touches my back as he should not touching me at all.
Unfortunately lost of children go to this place and he is there that assistant and its a shame I cant do anything to either protect myself or any children.
Is there something I can do because of the fact he admit he touch just my back even when is not true let me know.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you question.
Because of the procurator fiscal has decided not to take any criminal proceedings, all you can do is raise a civil action against the employee. The civil claim would be . You could raise it in the Small Claims Court to £3000. Unlike a criminal case you would not need corroboration in the form of other evidence if the court decided to believe you.
That is the only option open to you if the employer and the procurator fiscal will not take any steps.
I hope this helps. Please leave a positive response so that I am credited time.