As an ex-UK Police Officer I will try my best to provide you with a general explanation but bear in mind I know none of the specific details in your case and can only make a logical conclusion.
For a case such as this to go before a court of law there has to be evidence beyond all reasonable doubt for a jury to believe that he committed the crimes he is accused of. Sexual assault cases are very difficult to prove. Even with eyewitness testimony and DNA evidence a defendant can still be found Not Guilty or a trial can be thrown out by the judge on a technicality such as paperwork not being completed properly by the Prosecution, witnesses not turning up at Court or evidence gathered incorrectly according to Standard Operating Procedures. The percentage of sexual assault cases ever making it to trial is ridiculously small and the rate of conviction is even less. While the Interviewing Officers would have no doubt as to your claims without any additional evidence such as DNA, photographs, taped conversations, etc the case would not even make it past the duty solicitor at the Police Station where you made your claims. Unfortunately, in today's modern politicised Police Force it is the Crown Prosecution Service who decide whether an offender gets charged or not. The political reasoning behind this is that the solicitor has a better understanding of what it takes to successfully get a conviction in a court of law. It is all to do with resources. The CPS directed by the Attorney General only want to put the maximum of their resources into a case that has a high potential of success as opposed to putting in the bare minimum of time and effort on a lot of cases only some of which may be successful. (The majority of rank and file Police Officers abhorently hate this scheme and it is frustrating to see an offender released knowing he is guilty as sin but can do nothing about it because the power to charge has been taken from them by changes to the law under Labour). Remember in English law the Burden of Proof is on the Prosecution this means that the defendant doesn't have to prove that he is innocent rather the Prosecution has to prove beyond all reasonable doubt that he is guilty which is why cold, hard evidence is so crucial. It makes not a blind bit of difference if a hundred people said that a person did something illegal unless they can support their allegations. Remember Ian Huntley, the Soham murderer? He had a string of sexual assault allegations pursuing him but none could be tried in Court due to only hearsay evidence. Unfortunately, because he wasn't convicted of any of those allegations he was able to gain a position of trust in a school and was thus able to commit his crimes. The school were unaware of his sinister background because the Police are only able to reveal a person's current and past convictions but not allegations. So essentially he had a clean record. Sadly, the law isn't robust or flexible enough to deal with these situations and it may seem that the law defends criminals, which in many ways it does, but it also keeps the rest of us free from being falsely accused of things we haven't done.
As an ex-Policeman I would suggest that you take my answer here and use it as a basis to explain to your daughters why their case isn't going to be persued. Further to that you could contact the Officer in Charge of your case for a more detailed explanation as to why specifically your case isn't being investigated further. If he/she says that it is down to the CPS then ask for the name and a contact number of the person who made the decision not to go further. You are entitled to an explanation but remember to stay calm and be polite no matter how frustrated and upset you may be otherwise you will not get the answer you deserve. Finally, also ask for the number for your local Victim Support office. They are a great organisation who are completely impartial and they will be able to help you and your family recover from this situation. It may be that your children need to receive some counselling in order to help them recover and make sense of what has happened to them.
2007-02-08 03:31:33
·
answer #1
·
answered by Golf Alpha Nine-seven 3
·
3⤊
1⤋
Forgive me, but this question is a real smoking gun if it's true.
Me, I'm a mum (she's now grown) I have a granddaughter 5. If I thought that someone had sexually assaulted one of my girls I would not be responsible for my actions o tell you the truth, and I'm sure I'm not alone in saying it either. That is the trouble with the law these days.
As I couldn't spend a couple of hours locked in a room with him and a baseball bat, then I'd have to choose another alternative...
I think I would definitely have to move away start somewhere new, although I would be loathed to do that, I'd sooner know that my girls were safe and also reassured that this man is not living close by with the threat of bumping into him somewhere and them reliving the trauma over again. Your girls are old enough to understand that the law is sometimes the biggest *** going. You could ask them what they wish to do under the circumstances explaining that the law has failed you and that they have the chance of a fresh start, knowing that you love them and want the best for them I think they would agree to move.
I am so sorry this has happened and hope you and your family can put this behind you in time. Good luck
2007-02-08 03:04:19
·
answer #2
·
answered by rose1 5
·
1⤊
1⤋
This is the crux of the problem of convicting sex abusers. The CPS needs evidence if the accused pleads not guilty.
Never wishing to dimished what happened, nor how bad this person is.....
but i doubt if there is anything you can do to force a conviction without evidence.
Could your course of action be to move on from this ?
I hate to say this, because it lets him/her get away with it. But I wonder if the continuing trying to get justice will hurt your girls more than the actual events ?
Maybe it could be dropped and move on.
Horrible I agree, and morally not right, and I wish there was some justice for you. but realistically, all you are likely to do is keep it at the forefront of your girls minds all the time you proceed when the police and CPS have already said it will not proceed.
Wishing you well, and hope you all come out of this OK
Not a nice thought, to let him get away with it, but your girls welfare is the primary concern here, above retribution I would say.
Maybe explain to the girls that because there is no proof, there is nothing the police can do to punish him, but the police know he was wrong and we( family ) will look after you. Also explain to them they there peopel are quite rare and they should take your advice on who is safe/not to talk to.
If you explain this to the girls in a rage and at your wits end, they will percieve this and fall apart. If you explain it to then logically with the view to moving on, they will also buy into that.
2007-02-08 02:46:18
·
answer #3
·
answered by Michael H 7
·
4⤊
0⤋
Well, I cannot give you an answer - sorry, but I just can't.
Two things though...
I was sexually abused as a child, just tell them the truth, don't think because they are children that they will not understand because I assure you they will be able to cope with your help. Telling them the truth may not be a pleasant thing for them to hear, but bringing it to an end, no matter how unfair and disappointing, will help with their healing. Get them the right help to insure their experiences do not cause any more damage to them emotionally.
Rather than asking on Yahoo! Answers go around to different child abuse sites, not just for advice on trying to get something done about this person but to help you and your children get through this. Seek further legal help and seek support.
http://justiceforchildren.org
http://child-abuse.com
*hugs* Good luck to you, I know this is disappointing but unfortunately it happens, keep looking to see if there is anything more you can do to get a conviction, however I do think your focus should go now on making sure of your girls well-being alone as you may never have anything done about this person, but you can do something about your girls.
2007-02-08 03:00:15
·
answer #4
·
answered by Kasha 7
·
2⤊
0⤋
That's a real sorry thing to hear but I'm afraid if the police have dropped the case it would be because there is insufficent evidence to be able to obtain a conviction. They are wary now of bringing cases too early due to public or other pressure and then failing in court due to lack of evidence. You could try and find out whethr there are any other past victims who may be able to add their evidence and pass that onto the police so they could reopen the file. Otherwise it doesn't look too promising.
2007-02-08 02:55:00
·
answer #5
·
answered by Anonymous
·
2⤊
0⤋
dear codge,you have my most heart felt sympathies,i went through the same thing when i was eleven, now 37.The offender went to court and was given two yrs incarceration which in my book is no where long enough,i personally belive that they should be shot.Unfortunatly the authorities think that they are ill and thats how they get treated when they are in gaol as if the have some type of illness.The only help that i can offer you in this sad time is that you take your children for councilling because my parents never did it for me and the ramifications that it had later on in my life dont bear thinking of, surfice to say that i now have four kids of my own and if any one did that to them then i would end up in gaol for a long time on a murder charge not that i'm saying you should do that. I pray that you find the strength and wisdom to do the best that you can for your children.
2007-02-08 02:59:36
·
answer #6
·
answered by ? 1
·
1⤊
1⤋
No, i am well aware of the atrocities of cases like Baby P, and the murders of a number of young women lately, like the young student, but the law as it stands i am sure will never bring back capital punishment. In my heart i wish the foul bstards dead, but in my mind i can only see that apart from one less person on the planet it will achieve nothing. And makes us just as bad as these scum. I would however be in favour of solitary confinement and no privileges, no life, just four bare walls, to stare at forever. and if you look at the statistics in America where many states still have the dealth penalty does it work, no, because if it was a deterrent there wouldn't be so many on death row.
2016-05-24 06:38:52
·
answer #7
·
answered by Anonymous
·
0⤊
0⤋
Personally I'd kill the barsteward but I understand doing so would land you in jail and deprive your girls of the person they need most right now.
Teach your girls about the cycle-what you will know as karma.Basically assure them that although the police can't put him in jail the universe has a way of making sure scum like him get whats coming to them sooner or later.
2007-02-08 18:39:01
·
answer #8
·
answered by Anonymous
·
0⤊
0⤋
hiya...in 191 my father was sent to jail because he abused myself ,,but he was a member of a peodophile ring..one of the members..abused me also and yet despite repeated interviews..and including descriptions of places where the abuse occurred(between the ages of 4 to 14)..it was deemed not enough evidence..after court it emerged that this man had also already had indecent assualt charges against him as he was a bus driver for children with special needs...he has also been a scoutmaster and has lived his entire adult life at the same address next door to a school...he abused his own children..and is still deemed to be a risk yet nothing has been done..incidentally 3 other members of the ring had charges dropped and are still at large and my father only served 2 yrs of an 8 yr sentance...but i expect he made lots of friends on the pedo wing he was on...also incidentally has legged it . changed his name and so slipped from the sex offenders register..at least yr there for yr children..my family turned their backs on me as it emerged that they were all abused and some were carrying on the family tradition..no loss to me now but it hurt at the time...yr children were very brave and i appluad them..incidentally you could still make a claim to the criminal compensation board a solicitor will help and maybe some financial help for the kids will arise thru that...it wont make it right..but it mayb enought to pop in the bank for them or a holiday...best wishes to you and just carry on doing as u do..dont try to be mad in front of them..but i know its hard..what goes around...its what keeps me going..email if you like xxxxx
2007-02-08 03:08:25
·
answer #9
·
answered by lancashiretasty 5
·
3⤊
0⤋
Thats a terrible situation. I know what should be done but am not allowed to say. What about going to the papers?
2007-02-09 02:02:08
·
answer #10
·
answered by JULIAN J 2
·
1⤊
0⤋