Legal Advice

Harvestmuppet
Harvestmuppet Posts: 16
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edited 30 December 2022 at 1:05PM in Marriage, relationships & families
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.

Comments

  • elsien
    elsien Posts: 32,275
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    @Jude57, think your third paragraph meant to say unlikely, not likely? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Jude57
    Jude57 Posts: 524
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    elsien said:
    @Jude57, think your third paragraph meant to say unlikely, not likely? 
    Thank you, Elsien, I've edited it to correctly say 'unlikely'. Much obliged. 
  • sheramber
    sheramber Posts: 18,636
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    Are you likelt to be able to sue after 30 years? Is there not a limit on the time during which you can claim?
  • GrumpyDil
    GrumpyDil Posts: 1,565
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    sheramber said:
    Are you likelt to be able to sue after 30 years? Is there not a limit on the time during which you can claim?
    Sue for what? OP's question is about a prosecution. 
  • sheramber
    sheramber Posts: 18,636
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    GrumpyDil said:
    sheramber said:
    Are you likelt to be able to sue after 30 years? Is there not a limit on the time during which you can claim?
    Sue for what? OP's question is about a prosecution. 
    Jude57 suggested   You could, of course, take out a private prosecution for financial compensation.

    Hence my question
  • Thank you all.
    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. 
  • lincroft1710
    lincroft1710 Posts: 17,457
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    Thank you all.
    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. 
    The levity of the sentence is surprising but it may be that the offence was regarded as less serious 30 yrs ago than it would be in the 2020s and the age of the offender may have had some bearing.


    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.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • TBagpuss
    TBagpuss Posts: 11,198
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    Thank you all.
    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. 
    Unfortunately even if it hadn't been taken into consideration, if he were to be prosecuted now the court would have to sentance him based on the sentancing rules in effect at the time of the offence, and would also have to take into acount if he was a minoror a juvenile himself at the time of the offence 

    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 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • DE_612183
    DE_612183 Posts: 1,625
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    I would have thought you should also take into account the effect any action you take will have on your child - who I presume is now 30? Not sure how much they know about this - or are likely to find out...
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