Sexual Assault And Sopos - One Probably For Newjudge Or Barmaid?

[DTCwordfan]

Hi – probably for New Judge or Barmaid but maybe someone else has experience and advice on this?

I have a female friend down here.

Horrendously so, she was raped when a young teenager and then there was a second attack a few years later from which she managed to escape. Her attacker got 8 years as a sentence.

This was over 20 years ago. An order preventing him from contact etc was put in place too, I guess this is the equivalent of what is now called a SOPO (Sexual Offences Prevention Order).

More recently, he has tracked her down and actually appeared on her property though her hubby got to him first, letters and things like that found on him, equally as worrying some internet information on her too.

The police have arrested him, evidence and all, and I am assuming that he has had bail denied but have suggested that she check that soonest, not least for her own security and to scramble the police as to protection if he is out there, albeit under charge.

She has been/is upset about this, relieved too that they got to him and I have been able to reassure her about the court procedure and what could happen if he pleads not guilty (unlikely!) and that the court would look to give her, and her hubby, some 'protection' on the witness stand, if it came to that.

The question that she has is what sentence could he be looking at – my uneducated eye suggests a major breach of a SOP could be up to 5 years, assuming that he hasn’t breached other SOPs if served on him. Am I correct or could it be more?

Thanks for your advice on this, dtc

[Peter Pedant]

If I wait much longer I will get my pension

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/s113__breach_of_sopo_or_interim_sopo/

basically no guidelines

but scroll down - a lot of case law to fill your week end

[DTCwordfan]

Many thanks Peter, appreciated!

[Peter Pedant]

le plaisir est tout a moi DTC

[Orderlimit]

DTC, I'd speak directly to the officer who is dealing with this case and find out exactly what offence/s they are looking at & any other considerations.

This is a serious breach & they do have a duty to provide certain information to victims at different stages which can be found in the Code of Practice for Victims of Crime.


https://www.gov.uk/government/publications/the-code-of-practice-for-victims-of-crime

[DTCwordfan]

Thanks, Orderlimit - that's been my advice too and to make it clear about the gravity of this and the impact that it has on her and her family - the offender, dumb sh-t, has also gone on to say that he wants to continue to stalk her, digging a legal grave for himself.

Personally, I think he needs somewhere like Rampton and the psychological help to overcome his obsession. However, that has to be initiated by the police, then the DPP to decide on this with the court decision following, if a trial is necessary at all.