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#84207 - 08/10/06 08:02 PM LEGAL LOOPHOLE LETS SEX-CHARGE STEPDAD GO FREE
reality2k4 Offline
Member
MaleSurvivor

Registered: 07/06/04
Posts: 6838
Loc: Stuck between water, air, and ...
How is this allowed to happen!!!
What is it about the law that can decide how horrendous a crime is based on when it happened.

I hope this goes to appeal, this little girl must be devastated.
How can an infant remember dates?
Now he is free to do whatever he wants.
-----------------------------------------------
*************Triggers*****************

09:30 - 10 August 2006
Paedophiles could be escaping justice because of a legal loophole.

The "devastating" situation came to light at Derby Crown Court this week when a 31-year-old Derby man walked free on a technicality.

He was accused of sexually assaulting his stepdaughter twice. But the case had to be dropped because the little girl, who was about six at the time of the alleged offences, could not pinpoint whether the abuse occurred before or after May 1, 2004.

The date has become a key one when prosecuting sex offenders because it was then that the new Sexual Offences Act 2003 came into force.

Sex offences committed after May 1, 2004, are dealt with under that act, but those which took place before then are still brought to court under the older 1956 act.

The girl had become upset as she gave evidence on Tuesday to recount how her "Daddy" twice forced her to perform sexual acts on him.

She told the jury how the "disgusting and horrible" experience happened a "long, long, long, long time ago" but was unable to give a more accurate date.

Following her distressing evidence, which visibly moved some jury members, the defendant's barrister, Caroline Bradley, told Judge David Price that, although "it may seem an unattractive proposition", she was asking for the jury to be discharged.

She said: "If the Crown cannot prove whether these offences took place before or after May 1, 2004, they cannot prove the case. Cases have had to be withdrawn from the jury up and down the country because of this. Whether the law is, to use the vernacular, an ass, it is the law."

Judges refer to a case Miss Bradley took to London's Court of Appeal on December 15 last year.

She was then representing the Crown Prosecution Service and lost an appeal on a ruling made on December 2, by a judge at Hull Crown Court in the case of an alleged predatory paedophile.

The man had his case dropped before it got to trial because the CPS was unable to prove whether he committed the alleged offences before or after the crucial date.

Judge Price told the Derby court: "I'm satisfied that there's evidence to go before the jury of some form of abuse of the complainant."

But, asking the jury to return not guilty verdicts, he said: "After analysis of the evidence, I have come to the conclusion that you can't say whether this alleged abuse occurred under the old act or the new act."

The man denied two counts of rape under the new act and alternative charges of indecent assault under the old act.

Barrister Andrew Easteal, who was prosecuting the case, told the Evening Telegraph: "The Government forgot to make provision for what law would apply if you couldn't be sure what side of the start date the offence happened."

He added: "This is a particularly devastating situation for victims and prosecutors that we simply can't do anything about. Until the law is changed, it's going to keep happening."

A Home Office spokeswoman said a clause in the Violent Crime Reduction Bill, currently before Parliament, would mean defendants would not be able to escape justice due to confusion about the date of the alleged offence.

_________________________
Whoever stole the Sun, put it back and we'll drop all the charges!

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#84208 - 08/18/06 07:53 PM Re: LEGAL LOOPHOLE LETS SEX-CHARGE STEPDAD GO FREE
reality2k4 Offline
Member
MaleSurvivor

Registered: 07/06/04
Posts: 6838
Loc: Stuck between water, air, and ...
I was thinking of this case, and thought!
If the law had not changed, or she had brought
the case earlier than the change of law, he would be in jail.

It is amazing how you can be jailed for five years for an offence on a particular day, but would serve ten years for doing it the day after.

Thats it though, the law of 1956 never was implemented for years, and it was never a deterrent.

In cases of this kind, the judgement should still stand on the 1956 offences act, but that is too logical to do it seems.

ste

_________________________
Whoever stole the Sun, put it back and we'll drop all the charges!

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#84209 - 08/18/06 10:04 PM Re: LEGAL LOOPHOLE LETS SEX-CHARGE STEPDAD GO FREE
roadrunner Offline
Administrator Emeritus
MaleSurvivor

Registered: 05/02/05
Posts: 22045
Loc: Carlisle, PA
Caroline Bradley, Caroline Bradley, Caroline Bradley ... just doing her job. Caroline Bradley, Caroline Bradley, Caroline Bradley ... the law is an ass.

Caroline Bradley ... and now another pedophile is free on a technicality. I wonder if she is proud of her good work.

L.

_________________________
Nobody living can ever stop me
As I go walking my freedom highway.
Nobody living can make me turn back:
This land was made for you and me.
(Woody Guthrie)

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#84210 - 08/27/06 11:25 PM Re: LEGAL LOOPHOLE LETS SEX-CHARGE STEPDAD GO FREE
hunysuga Offline
Junior Member

Registered: 08/27/06
Posts: 3
Loc: Nottingham
Hey there
I actually worked on that case and I sat in the court room as the judge passed that order. It was awful, there were jury members in tears I will tell you that. As was I and Andy Easteal. She is the most lovely little girl you could ever wish to meet...and just so you know, she is living with a relative, and will not have to see her dad again.
But you are right, it is terrible that he gets to walk free, but there is nothing we, or the judge could have done. I agree with you, Caroline bradley must find it very hard to deal with, but it is her job at the end of the day and she was also very moved.


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#84211 - 08/28/06 02:35 AM Re: LEGAL LOOPHOLE LETS SEX-CHARGE STEPDAD GO FREE
roadrunner Offline
Administrator Emeritus
MaleSurvivor

Registered: 05/02/05
Posts: 22045
Loc: Carlisle, PA
hunysuga,

Quote:
it is her job at the end of the day
True enough. But I hope she gets all the possible heat in the world for "just doing her job".

L.

_________________________
Nobody living can ever stop me
As I go walking my freedom highway.
Nobody living can make me turn back:
This land was made for you and me.
(Woody Guthrie)

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#84212 - 08/28/06 09:17 AM Re: LEGAL LOOPHOLE LETS SEX-CHARGE STEPDAD GO FREE
hunysuga Offline
Junior Member

Registered: 08/27/06
Posts: 3
Loc: Nottingham
Don't worry, she is. Honestly though she was just as upset as anyone else, but if she hadn't have brought up the prospect, the judge would have done anyway. It is not her fault, or anybody elses, but the law and the ridiculous nature of it. And that is what we need to fight...


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#84213 - 09/06/06 10:14 PM Re: LEGAL LOOPHOLE LETS SEX-CHARGE STEPDAD GO FREE
reality2k4 Offline
Member
MaleSurvivor

Registered: 07/06/04
Posts: 6838
Loc: Stuck between water, air, and ...
HS, I live in the UK, and would love to know how you found this place, probably on google.
Law is law, and I cannot judge any case based on what I read, but I thought this was pretty sad.

This is a site for male survivors, but sometimes we report anomality of law based on dates etc.
The judge, judged the case, but if there is no conviction, then he is judged to not be an abuser.

Whilst police and social services may hold information of him, he is free to foster other kids, and that is a technicality which he could invoke under human rights law, in that he has not been convicted of any offence.

You have to realise that a child in a foster home or any care, has a right to be safe in their environment, the worst abuse is to put a child into the care of an abuser.

I cannot say this is true, because the judge made the decision purely based on law,

ste

_________________________
Whoever stole the Sun, put it back and we'll drop all the charges!

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#84214 - 09/06/06 11:09 PM Re: LEGAL LOOPHOLE LETS SEX-CHARGE STEPDAD GO FREE
hunysuga Offline
Junior Member

Registered: 08/27/06
Posts: 3
Loc: Nottingham
Hi there
That is very interesting information, and thank you for it.Yes I did find it on google, I was purely doing some legal research and one of the searches turned up this site.
Unfortunately the guy walked free and is therefore judged to be innocent. It is ofcourse possible, though knowing a little more of the background to the case i feel unlikely, that he could foster any other children. I hope that situation does not arise.


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