Legal Advice
Harvestmuppet
Forumite 14 Posts
Hi, is there anyone that might be able to answer a question about a legal case or know of anywhere that might please?
It's a hard one.
30 years ago I was a victim. The person who inflicted the crime also did the same to another person. The other person pressed charges. At the time, it was not something I could face doing and I was a minor. The police visited and they were told this. They asked if the crime against myself could be taken into consideration, and were told they could
Fast forward 30 years. I want to press charges in my own right as feel it will help me. Am told by the police that I can't due to being taken into consideration. They are double checking on it and getting back to me, but said that basically the case
I am very upset. I was a minor at the time and haven't had a chance to decide for myself if I wanted to press charges or have my case heard in its own right. Seems unfair Thank you for any possible help.
It's a hard one.
30 years ago I was a victim. The person who inflicted the crime also did the same to another person. The other person pressed charges. At the time, it was not something I could face doing and I was a minor. The police visited and they were told this. They asked if the crime against myself could be taken into consideration, and were told they could
Fast forward 30 years. I want to press charges in my own right as feel it will help me. Am told by the police that I can't due to being taken into consideration. They are double checking on it and getting back to me, but said that basically the case
I am very upset. I was a minor at the time and haven't had a chance to decide for myself if I wanted to press charges or have my case heard in its own right. Seems unfair Thank you for any possible help.
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From what you say, it sounds as though there was convincing evidence against the individual for a similar offence against another person to the one you were subjected to. It seems that the individual pleaded guilty to that offence against the other person and asked for additional offences to be taken into account. That meant they admitted those offences, too, but would not be tried for each separate offence. This is quite common in criminal cases and has several benefits. It clears a number of crimes from Police outstanding crime figures; it means victims don't have to go through the stress of a trial (or possibly several trials); it saves valuable court time and, from the offender's point of view, an early admission of guilt can reduce the sentence imposed.
Unfortunately, from what you've said, it's very unlikely that a further prosecution will be possible. The offender has already pleaded guilty and been sentenced for the crime and, after 30 years, has presumably completed that sentence. As far as criminal prosecution goes, there's no way to have a further prosecution. It would be unfair to the offender because they have already admitted and been punished for the crime.
I know it seems unfair to you, but as you were a minor at the time, your parents or guardians had the legal right to make the decision on your behalf, and presumably did so with your best interests in mind. A criminal trial is a frightening thing for any witness, and 30 years ago, very little allowance was made for child witnesses. If you think about the way your parents or guardians would have seen it, as saving you from a frightening and traumatic ordeal, perhaps you can understand how they made the decision they did.
You could, of course, take out a private prosecution for financial compensation but that would be enormously expensive and unless the individual is wealthy, even if you won, you might never receive any money. Legal Aid is very unlikely to be available for such a case. Don't consider a 'no win, no fee' solicitor unless you fully understand what you are signing up for. If, at some point, you decided not to go ahead, you would be liable for their costs, so be very careful. And please, don't underestimate the stress pursuing such a case would bring you. It would go on for many months, likely for years, and probably wouldn't bring you the resolution you need.
It seems to me that you have (entirely understandable) unresolved feelings about what happened to you and how it was dealt with by the adults around you at the time. It would, perhaps, be wise to seek counselling to help you come to terms with the situation and to deal with the feelings you're currently struggling with.
I hope the police officers dealing with your recent query are being helpful, but you could also contact Victim Support:
https://www.victimsupport.org.uk/
I hope this has helped in some way.
Hence my question
I think it is very unlikely I'll be able to do anything. There is no question of the offenders guilt, as I have a child that I became pregnant with at 14. I think it's a shame it was 'taken into consideration' and will be deemed to have been 'dealt with'. Especially so as the offender received community service & a £30 fine. Nothing but an insult.
But as you now accept, there is nothing you can do and I'm not sure that 30 yrs ago your parents could have asked for the sentence to be reviewed if there were unhappy with it.
Although the sentence seems ludicrously light to us, if the offence against you was taken ito account the sentance would have been on the basis of both offences.
As far as aiam aware, you would sadly also be too late to be able t pursue any fincail claim - criminal injuries claims have to be brought within 2 years of the offence being reported or, if it happened when you were under 18, within 2 years of you turning 18, and if you sought to sue him directly then I think the limit would be 3 years from the date of th incident or from when you turned 18.
The only possibility I can thnk of would be if there was more than one incident when he abused you, if you did not report al of them at the time (or whh you were asked about them) however, the police would still have to consider whather they had a reasonable prospect of getting a conviction (which might be difficult, as if he already had one incident taken into consideration,the birth of your child would not prve that there had been others as well) , and they would also have to decide whether it was in the public interest to pursue a further convitin, which again, might be questionable given that he was already convicted once.
I'm very sorry that it isn't the outcome you want