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.

[boingo]

Leahbee, revenge! This has nothing to do with revenge. It's called trying to get justice for my daughter.

Thank you again Pixie.

[murraymints]

Oh dear , how awful for you and your daughter...I'd be incandescent with rage...however , it may add to the trauma if she has to endure the intrusion of a prosecution lawyer...very difficult decisions to take...I wish you well ..whatever line you choose to take !

[boingo]

Thank you MM. It is a very difficult decision to make and my daughter is having counselling. As I've said, she has been made aware of what it would entail as the female detective sat with us both to explain the process. If at any time my daughter does not want to pursue it, we will stop.

[pixie373]

I'm not sure about that, minty. I think, psychologically, the worst thing is to report it and have it immediately dropped. That gives them both completely the wrong message. In the long-run, difficult though it is, i think it will benefit her more to stand up for herself. As she has every right to do.
Boingo, i wish you both all the best, whatever happens xx

[murraymints]

Pixie ..I agree with you ..it will depend very much on how the girl feels about it all herself...how strong she is etc...my heart goes out to the whole family...

[boingo]

Thank you again. The police are going to see if they can appeal and are calling me tomorrow.
We are a close family and have lots of support, so whatever the outcome, my daughter will know that she is not to blame.

[boingo]

Cross posts Minty. Thank you.

[boingo]

I forgot to add that this happened in the afternoon in a park. She wasn't in someone's house, because both my children are not allowed to go to anyone's house unless I know the parents first.

[boingo]

Just spoken to the DC in charge of my daughters case and he has told me that his boss has looked at all info again and decided that the police are not going to appeal CPS decision. Why? Because the boy said that it was consensual. I can't go into details, but it most definitely was not. I haven't received the CPS letter yet but my daughter wants to appeal. We are absolutely dazed.

[hc4361]

I feel for you. Do you know what the witnesses said?

In cases like this it is very difficult to bring a prosecution - the per centage of cases that get to court is extremely low, regardless of the age of those involved.

Because the boy has admitted the act happened it really is down to your daughter's word against his and it can be impossible to get sufficient evidence to convince a jury either way and it really does boil down who the jury chooses to believe. A nightmare situation for the victim.

The only real hope is credible witnesses.

[boingo]

Thank you hc. I haven't received the letter from the CPS yet so don't know what the witnesses have said. Once I have got it, I will read it thoroughly. If it looks like appealing is not a good option, I will have a chat with my daughter and explain that it may be more than she can handle.
Apart from my daughters mental welfare, what also troubles me is that the boy will think that it is OK to force girls to do things against their will.

[bednobs]

does she still have to see him? How awful.
I think you need to be careful (as if you didn't know!) because i would imagine a factor in deciding to prosecute or not is the attrition rate. You are already saying that if your daughter wanted to stop, she could (which is of course right) but if you appeal, get your appeal accepted then your daughter pulls out half way through then that's a problem, not just for her but for future hers. I think she needs to be sure she'll continue if you do appeal.

[hc4361]

Yes, it's dreadful to think he can get away with such abhorrent behaviour.
Have you put your daughter in touch with any victim support group, rape counselling or some such? I know she wasn't raped but they do support victims of any sort of sexual assault.
Does this boy go to the same school? If so, consider moving her to another school.

[boingo]

Thank you Bednobs and hc. They go to the same school and the school have been brilliant in rearranging lessons etc. Changing schools would be more detrimental for her as she has had to change schools already when I left her dad. I wouldn't wish this on anyone. My daughter is determined to prove it was not consensual, she was sexually assaulted and I am totally behind her. I am also very aware of the battle we may ensue.

[boingo]

Forgot to say hc, she already sees a counsellor for issues regarding her dad so she is getting help regarding this too.

[hc4361]

That's good to know, and I'm pleased the school is being supportive and she is happy to stay there.

[andy-hughes]

As ken and newjudge have advised - the process - or not - of these cases is decided by the realistic prospect of a conviction which is in the best interests of all involved.

In this, the law is utterly dispassionate, as it has to be, which means that their decision can appear competely heartless and cruel.

Knowing something, even backed up by apparently incontavertable evidence, is not the same as proving it in a court of law, and that is where the CPS comes from.

I know this offers absolutely no sense of justice to you or your daughter, and your family, but this is the system, flawed though it is, that we live with.

I can only hope you all of you can move on from this dreadful incident, and from the tone of your posts, you are obviously a wonderful mum, and will support your child through this horror and out through to the other side.

I am sure right now it feels as though there is no 'other side', and your daughter will never get over this.

It's true, she won't 'get over it', but she will learn over time to assimilate it and weave it into her experience, and eventually, it will cease to dominate her in the way it does now.

That day will come, hang on, and keep coming back here, there is always depthess support waiting for you.

[boingo]

AH, thank you so much for that. I am not over protective with my daughters but they know the rules. After it happened, I was talking to a policeman while my daughter gave her statement for the first time. I told them that she doesn't stay out late, she doesn't hang around shops causing trouble etc., even though it happened in broad daylight. I felt I had to justify myself that she is a 'good girl'. As soon as I said it, I realised that it doesn't make a difference because if anyone continually says 'no' and 'stop it' it means no.

[andy-hughes]

boingo -from my position, as a dad with three daughters, a simple 'No. said once should be all that is required.

But as we know, the world is a long way from ideal, and by definition, a sexual predator is not going to be mindful of a lack of consent as a reason to desist.

i can only hope that you can all get past this.

The issue I see is that the parents of the boy in question - who will naturally defend their son I assume - will see the lack of prosecution as vindication of his behaviour - which it clearly is not.

That sends out a very wrong message to this boy, his family, and anyone else who thinks that a lack of prosecution in this case means that the incident did not take place.

[boingo]

Precisely AH. Whatever the outcome of my daughter's case, the boy, who I now know has tried it on with another girl, will think it is OK to behave that way. I hope his parents give him a good talking to about how to behave in future and to respect other people. Fingers crossed.