Appealing The Cps Decision To Not Prosecute.

[boingo]

For what will become obvious reasons, I can't give too much information, but my daughter was sexually assaulted a couple of months ago. She knew the boy from school, he was arrested and released on bail. Statements given, they have DNA etc. I have been phoning the police every few days to see whether the face to face appointment had been made. Today I called the CPS and spoke to the woman who had looked at all evidence, statements etc., and she informed me that she had put a letter in the post to me today to say she is not going to take it to court. She said the main reason was because of the ages of the children involved. My daughter, 13, him, 14 and two witnesses the same age. She said she had to consider the impact it would have on 'the young man' too. I told her I would appeal but I don't know what to do and how long it will take. If she could see my daughter now, totally inconsolable and staring into space. She looks like she has given up, but I won't. Sorry for long question but I am crying so much, I can hardly see the screen. Any adcice would be most welcome, thank you.

[rockyracoon]

Oh Boingo, I can't answer your question but just wanted to say how awful that is, your daughter must be feeling very let down :(

[Zacs-Master]

I think you need to see exactly what the letter says and, if you want, post again on here.

[Ken4155]

I have always been led to believe that the CPS base their decisions on whether or not they think the case against the accused is strong enough. Not what sort of impact it may have on them or any witnesses. Seeing a solicitor would be the proper way forward.

[bert_h]

Consult a solicitor about raising a civil action for damages. The assailant absolutely cannot use the CPS decision (to not prosecute) as any kind of defence.

[boingo]

Thank you all so much. They have his DNA and he has admitted what he made her do but he said it was consensual. I am not being a naïve Mum who thinks her daughter is sweet and innocent while she is off out getting up to mischief. She doesn't socialise outside AT ALL because of 'issues' with her father. This was the first and only time she went out with a couple of friends and I was, and still am, very proud of her. Unfortunately, this has had a huge impact on her (and all our family). She now thinks that it backs up her theory that she isn't safe outside. It is very complicated but I can assure you that my beautiful, funny, talented daughter will never get over this.

[boingo]

Forgot to say, I spoke to the police, who have been fantastic, and they said that they could also appeal the decision and will look into it.

[hc4361]

This may be helpful
http://www.cps.gov.uk/victims_witnesses/victims_right_to_review/

[boingo]

Thank you hc, I've just had a quick look and it seems very helpful. I shall read it through properly tomorrow when my brain can digest it a little better.

[pixie373]

Sorry, boingo. I hope, for her sake they continue. Thank God she has supportive mum. Give her a big hug. I wish i could help x

[New Judge]

The CPS has a two part test which is undertaken when deciding whether or nor to prosecute an alleged offender. The first is the evidential test which says (briefly) that prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction. This does not seem to be an issue here.

However, the second part is somewhat more subjective and that is the “public interest“ test. To be brief again, this says that in every case where there is sufficient evidence to justify a prosecution, prosecutors must go on to consider whether a prosecution is required in the public interest. There are many facets to this test and the entire code can be found here:

http://www.cps.gov.uk/publications/docs/code_2013_accessible_english.pdf

Of particular relevance in your case would be paragraph 4.12 (d). To save you looking it up this says:

“The best interests and welfare of the child or young person must be considered including whether a prosecution is likely to have an adverse impact on his or her future prospects that is disproportionate to the seriousness of the offending. Prosecutors must have regard to the principal aim of the youth justice system which is to prevent offending by children and young people. Prosecutors must also have regard to the obligations arising under the United Nations 1989 Convention on the Rights of the Child. As a starting point, the younger the suspect, the less likely it is that a prosecution is required.”

It seems likely that this clause is the one that has swayed the decision and a review of that decision under the guidance suggested by hc, would be the only way forward. You can see that a balance has to be derived bearing in mind the seriousness of the offence as well as other factors. A chat with a solicitor may help you understand how the CPS operates when reaching these decisions.

[cassa333]

What do the whitnesses say?

[boingo]

Thank you Pixie, I have.

Thank you New Judge. My daughters friend, who has been very supportive, confided in me (after the assault) that the same boy had tried to do the same thing to her but she never told anyone. I know that can not be used as evidence in what happened to my daughter, but it does worry me. Believe me, I am a Mum who knows that other parents only want the best for their children. I have no idea the effect this has had on the boys family and I don't want to ruin his prospects for the rest of his life. However, I do not think he should get away with assaulting my daughter.

[pixie373]

My opinion is that if this is how he behaves at 14, he should be prosecuted asap. That is certainly in the public interest of any other girls he might meet.

[New Judge]

What the witnesses say does not seem to be relevant here, cassa. When speaking to boingo the CPS representative has made it quite clear that it is not the evidential test that is the issue. If it was she would have been told as much. It is the "public interest" test which seems to have forced the decision.

[boingo]

As yet, I don't know what one witness has said as she is a friend of the boy. The other witness, my daughters friend, has told me exactly the same as my daughter. Immediately after it happened, my daughter went to her friend and said she needed to get home quickly. Once home, she went to the bathroom to wash herself, but the police have clothing with the DNA evidence.

[EDDIE51]

Superb advice as always from NJ , but to simplify the point he is making.
The problem is that the trauma of a court case is very likely to be of more detriment to your daughters health/mental state than if the case is not proceeded with.
The boy is hardly likely to plead guilty so there will have to be a full trial , even with the safeguards for child witnesses this will be very difficult for your daughter. The boys lawyers will try to prove that you daughter consented to what happened, you can imagine the line the questioning will take!!.
I can see that you are justifiably angry but you need to see beyond the anger and try to see what a court case would involve.
You say your daughter is 'inconsolable' now just think what she would be like if the case went to court and the boy was found not guilty!
Sorry but that is a real possibility, it happens in adult sexual assault cases in over 50% of cases, with the ages of the people involved it is more likely here.

[boingo]

Pixie, that is what worries me too. The CPS lady said that it would be difficult to convince a Jury that it wasn't consensual, which is what he is saying. I remember when I was that age and how you felt about crushes etc. There is a huge difference between that and telling someone to stop while they are assaulting you.

[pixie373]

I suppose the jury will know who they believe. No guarantees though. I would imagine that even if he is found not guilty, it will be helpful for your daughter to see she's being taken seriously. And hopefully scare the life out of that little *** too.

[leahbee]

Well said EDDIE.
I fully agree with everything you have said. Boigo's daughter needs a lot of love and support now and prolonging the trauma will only make matters worse. Revenge is not always the answer.

[boingo]

Thank you for your comments Eddie. While I understand that it is not going to be easy, it is my daughter who is saying she wants to take it to court. I have talked her through what sort of things will be implied etc., and as frightening as it is, she wants to prove that she 'isn't a ***'. If she tells me at any stage that she does not want to continue with it, I would not pursue it.