Little bro in court tomorrow

[Bigsister]

Hi
Hope I have put this in the right section.
Just wondered if anyone had some advice really.
Little bro is 27, has been accused of sexual assault. The worst part is the girl is only 13. Or was 13 a year ago. Her mum had met bro & his mate a week before when out drinking. They all took some drugs too. The next week she had a party at hers & invited them. Along with lots of alkis & generally party people half of which she didn't know. She told them when they walked in the girl was younger than she looked, almost like she was warning them. Which is a bit strange in itself.
Basically bro ended up in the girls bedroom, he doesn't know how, but does remember talking to her little brother upstairs.
Someone walked in the room & she accused him of touching her breast over the top of her t shirt.
He has no interest in teenage girls & never has! The only worrying things are he had done Ketamin that night, yes I know, silly! And he doesn't remember much about the whole night & has no witnesses for himself. His friend wasn't in the room. But the mother of this girl has pushed for this offense & a guy that has always disliked my brother & had beaten him up before was also there literally threw him out the house then beat him up, breaking his arm. The police are waiting the outcome of bros case before deciding if to lay charges on this guy that is a witness against my brother. This guy has been to court for GBH before so if they do prosecute him, he will likely do time. Even though he wasn't in the vicinity at the time & his first staement said he didn't see anything, his second statement says he did! He has also said he pushed my bro down the stairs that's all, & that's how his arm broke. But the injuries dont show that.
I guess I wasn't worried until this weekend. I even thought it would get thrown out? As a lot of the witness statements are inconsistant.
He is in magistrates in the morning, as now is the time I am thinking what could happen?
He wouldn't cope with prison, he is not a fighter, it would finish him off to be honest.
He has only recently stopped taking drugs & sorted his depression out.
He was also ok up until this weekend, but has gone very quiet & withdrawn now. Hoping he will be able to get to court ok tomorrow.
He has a couple of Diazapam to take an hour or so before.
Any advice on what could end up happening would be very grateful. It's been booked for a 2 day hearing?
A couple of weeks after he was questioned by the police I had to have a social worker sit in my living room & talk to my children as my daughter is the same age as this girl. My daughter was asked if her uncle had ever done anything to her. He has stopped here over the years at weekends & plays x box with my son. My daughter loves my brother, her & I trust him completely & my 16 yr old son adores him too, like he's his own big brother, so was not pleasant for either of them to hear her speak about my bro like that! The woman also said there was more to it than touching the girl, but I have since seen the statements & that's not true! Why do these people go out their way to lie?
I haven't ruled out making a formal complaint about her yet, even though she was a nice enough woman generally. He hadn't even been charged at that point!
Sorry it's long..
x

[doubletake]

Hi BigSister

Hello, sorry it had come to this! please stay with us and someone more experianced will be with u shortly! in the mean time stay calm

Regrads DT

[Bigsister]

Hello, sorry it had come to this! please stay with us and someone more experianced will be with u shortly! in the mean time stay calm

Regrads DT

Thanks Doubletake.
Also forgot to say, me & my sister were wondering earlier if the fact it's at magistrates court mean it will be done there or possibly be referred to crown? Wasn't sure if that had already been decided or if they can change it on the day?

[Casehardened]

[QUOTE=Bigsister;15199]
Someone walked in the room & she accused him of touching her breast over the top of her t shirt [QUOTE]

Hi Bigsister,

If this is what he has been accused of then you may both get some reassurance from the following website: scroll down to the section for sexual touching of a girl over 13 & you will note that the recommended sentence is non-custodial.

Therefore the matter can be dealt with in the Mags rather than sent to Crown Court, hope all goes well for him.

http://www.cps.gov.uk/legal/s_to_u/s...hild_under_13/

[doubletake]

Hello

Hello, I'm not 100% sure but i think anyone who pleads not guilty goes to crown court and is then tryed by the Jury Hope this helpes for now! i'm sure someone will come and give u a 100% awnser soon!

Regrads DT

[Bigsister]

[QUOTE=Casehardened;15210][QUOTE=Bigsister;15199]
Someone walked in the room & she accused him of touching her breast over the top of her t shirt

Hi Bigsister,

If this is what he has been accused of then you may both get some reassurance from the following website: scroll down to the section for sexual touching of a girl over 13 & you will note that the recommended sentence is non-custodial.

Therefore the matter can be dealt with in the Mags rather than sent to Crown Court, hope all goes well for him.

http://www.cps.gov.uk/legal/s_to_u/s...hild_under_13/

Thanks, that's reassuring then. Although I cant find it on that page? It says page not found error 404?
x

[doubletake]

Hi

Says the same to me also error 404

[Bigsister]

Hello, I'm not 100% sure but i think anyone who pleads not guilty goes to crown court and is then tryed by the Jury Hope this helpes for now! i'm sure someone will come and give u a 100% awnser soon!

Regrads DT

Ah, that makes sense. I keep saying that wouldn't have been a bad thing if he went to a jury? But having read so many things tonight where even conflicting statements against them people still got found guilty! Eeeek, worrying x

[Casehardened]

Hi again,

I've cut & pasted the relevant bit as the link hasn't worked.

http://www.cps.gov.uk/legal/s_to_u/s...hild_under_13/

Type/nature of activity

* Contact between part of offender's body (other than the genitalia) with part of the victim's body (other than the genitalia)

Starting points:

* 26 weeks custody if the victim is under 13
* Community order if the victim is aged 13 or over

Sentencing ranges:

* 4 weeks-18 months custody
* An appropriate non-custodial sentence

'Non-custodial sentence' in this context suggests a community order or a fine. In most instances, an offence will have crossed the threshold for a community order. However, in accordance with normal sentencing practice, a court is not precluded from imposing a financial penalty where that is determined to be the appropriate sentence.


I think DT is quite correct about needing to plead guilty for the Mags to be able to dispose of the case and pass sentence; if he pleads not guilty it will have go to Crown Court.

Obviously this is an important decision, a guilty plea will have far-reaching implications quite apart from the sentence (e.g. CRB checks & getting insurance), he must discuss it with his solicitor

[Bigsister]

Thanks for that. So it's not likely to be over any time soon then. I am now wondering if his solicitor has even said all this to him, I think he thinks it will be all over this week. But I dont agree with people pleading guilty to cop a lighter sentence if they're not guilty. That is wrong. Especially seeing as it would basically be lying in a court of law. How can people be asked to tell the whole truth & nothing but the truth, if they are too scared to & just want to avoid prison.
It's all wrong isn't it. If he is being brave & knows it will take longer if he pleads not guilty, then I am glad he is standing his ground.
Will let you know what happens tomorrow.
I start work at 5am but luckily finish at 9am
xxx

[doubletake]

Hello

Yes it is wrong! my partner was caught in the trap of plead guilty even though ure not.... now further down the line a new alligation has come (obviosly they knew about the old aligation) now this is being brought up against them in court!

[Casehardened]

Apologies for yet another link but this webpage says that the defendant in a Magistrates Court can plead guilty or not guilty, sorry about confusing you in my last post.

I think for this type of case your brother would have the choice of being tried by the Mags or by a jury in CC, but again best to ask his solicitors advice.

Hope all goes well tomorrow

http://www.hse.gov.uk/enforce/enforc...es-hearing.htm

[xxlettyxx]

good luck

hi,
Firstly good luck to your bro for tomorrow.Ive recently been through similar with my partner. He was sentenced to 16yrs 2days ago.He changed his plea to guilty after being advised by his defence team , as he would get 5-7 yrs and if he wanted to see us again that was the only option(hes 70yrs old)and was looking at a very long prison sentence, I'm still finding it a bit raw to talk about and I think the reason they gave him 16yrs was because he found it difficult to play along with the guilty plea at all times especially to the probation report. I always thought theres noway should you plead guilty if your not and now I wonder if he should have shuck to his guns and taken the chance with the jury. WE will never know if we made the right decision. Please , please make sure you get all the help and advise you can and double check all your options- hope it doesnt come to that , fingers crossed for yous all x

[Bigsister]

Oh my goodness Lettie, I am so sorry to hear that. I dont know you, dont know the ins & outs & I am gobsmacked! Cant imagine how you are feeling right now.
To you & Doubletake..I dont know what is going on in this country, it's definitey going to the dogs!

Thanks for that Casehardened. Yes I think he was given the choice of magistrate or crown, as I remember saying I thought he should have gone for crown so he at least got a jury, because it all sounds a bit wacko to be honest what with the details of the witness being someone that has beaten him up before. Not to mention the statements keep changing on their side.
But we'll just have to wait n see what happens now.
x

[Bigsister]

Well, I dont know if this is relivant, but bro just rang me from court & said his solicitor just told him that the girl has accused someone of this before. His solicitor has just gone off to find out if the guy got convicted of it or not.
Bro is wondering if they are after some compensation?
He said they are all there! The girls mum, a couple of blokes, one being the one that beat him up & the girl, he understood that she would be doing her bit by video link, but he said she is going to be in the court room.
The policeman that took pictures of his injuries is going to be in there too apparently, so maybe they are tackling bro being beaten up at the same time.
Anyway, will post again later.
x
Just spoke to him again, the previous time it got thrown out, he isn't sure if she dropped the charges or the CPS threw it out, but it was her 16 yr old cousin she accused apparently.