Abuse when a child

[bevans5803]

My Mother in law was abused by her father when she was a child. This happened arond 1957 when she was 10 years of age. The abuse that took place did not invlove rape but involved other things that are to graphic in nature to decribe. She was abused, threatned  & intimidated by her father over a period of 3 years. My Mother in law went to the police in 1999 and reported the matter but they were unable to get a prosecution, because of the time that had elapsed and lack of witness evidence. The matter was originally reported to the police in 1957 but it was brushed under the carpet at that time. No charges were made then or in 1999 but my mother in law at the age of 57 is so angry she thinks about what he did every day and wishes she could do something. Is there a way she could get him into court and claim. What options does she have. Grim matter i know but please help. Nicola

[Andy008]

This is a criminal matter, not a civil one. By "get a prosecution" If you mean her father being charged with a offence, in order to be charged, he must be arrested. For an arrest to be made, the police must have reasonable suspicion that he committed a crime. Reasonable suspicion is such as the following:

 -  A person found in the immediate vicinity of a property where a burglary appears to have taken place.

- A person is identified in the street by a witness as having been responsible for an assault.

- A person cannot confirm their whereabouts where asked by the police where they were, during the time at which a crime was committed

In English law, guilt is a technical relationship between charge (i.e. that which someone is accused of), and evidence (that which points to their involvement). It has absolutely nothing to do with whether or not somebody committed a crime. This abuse happened nearly 60 years ago. For the CPS to charge him, enough evidence must exist. The police must arrest him in the first place.

Circumstantial evidence is not enough. Roy Whiting was charged with the murder of Sarah Payne in 2000 because a single strand of hair was found in his van. When asked to explain, he could not. It was the first ever UK case secured solely on forensic evidence. Had this hair not been found, he would have walked away a free man. That he was previously convicted of sexual assault on a child is still, believe it or not, only circumstantial. 

For someone to be charged with a crime, there must exist something which solidly connects them with that crime.

[Andy008]

Talk to the police again. They will be happy to advise. Also, contact Citizens Advice and ask to be referred to a criminal lawyer. It should not cost you anything.

[Didwot]

It is also a civil matter. Assault (of whatever nature) is actionable at civil law. However the events took place so long ago that the limitation period will have expired, and although it is possible to get the limitation period extended, I would not bank on success. If she wants to consider this option she should se a solicitor. Personally I do not think that the trauma of a trial, whether criminal or civil, with no guarantee of success will neceessarily assist. Talking about what happened may help her to come to terms with it, and dissipate her anger. Good luck.

[bevans5803]

Thats very kind of you all. She probably wont pursue the matter because of the trauma it will cause her, but is it possible that she could sue him for damages. Her sisters know about the abuse but they have said they would not give evidence beacuse of the embarasment it would cause the famaily. Nicola.

[Didwot]

Suing him for damages would be the "civil matter" that I have referred to.

[karenb]

Did her father deny the allegation?

I ask this because 2 years ago  my sister in law successfully put her father away for a year for sexually abusing her 30 years ago.

He also abused his grand daughter. He admitted the charges against his daughter because he had admitted them years ago and they were swept under the carpet. However, when his grand daughter reported him, he denied it and all the family did not believe her.The poor girl is now 16 and waiting to get a council flat. Does not speak to hardly any of her family and i fear for her.