what is the least/maximum sentence for this? please help

[JayKay]

Hello, hope I'm in the right place to ask this, I'm new . My family is being torn apart. My ex partner has just been convicted by a majority decision of sexual assault on our 8 year old granddaughter. Horrific I know, except that all the family except my daughter, ( the child's mother) and her partner, are sure he is not guilty. He was accused by the child of touching her inappropriately and exposing himself to her. The only DNA found was a small amount of his skin on some of her clothing which could have got there innocently during normal contact. There were no bodily fluids found anywhere and nothing untoward was found in his house or on his computer. He has always vehemently denied the charges and is completely broken. The child certainly demonstrated some knowledge of sexual behaviour, where it has come from we don't know. Best guess is either something she has seen on tv or the family internet, (she is lively and imaginative) or maybe an experience she has had with a third party that she has transferred to her grandfather. His legal advisors said from the start that there was so little evidence that it should never have got to court. The judge appeared to be unhappy with the verdict and stated that he would have personal input with regard to the sentencing. Is this usual and what does it mean? The child herself has never showed any signs of the trauma you would expect after such an event, and was happy and chatty during her video evidence. Doctors and social workers have said she does not require any input from them as she appears perfectly normal. She did not show signs of distress even immediately after the alleged incident, and was unfazed by all of the legal proceedings. My daughter has cut us all out of their lives as we did not immediately take her side in this awful situation as she believes her daughter 100%, which I can understand up to a point, but I believe this to be a horrible miscarriage of justice.

[Casehardened]

Hello JayKay and welcome to the forum.

I am so sorry to read your story and can personally relate to the effect that such an accusation has on family bonds which can be irrevocably broken. Did his barrister offer any suggestions regarding appealing the verdict?

To respond to your enquiry, there is no need to post up specific details of the alleged assault, but you may find an answer in this link:

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

[myhome]

Hi and welcome though so sorry to read you story. Your ex partner can and must consider and appeal. He cannot appeal on the basis that the jury got it wrong but if there has been an abuse of process anywhere he can appeal on those grounds - he can get legal aid for this. have a look at this thread for recommended solicitors

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

[JayKay]

Thank you so much for the help Casehardened and Myhome

I really appreciate the links, there's a fair bit of studying to do and I'll pass them on to my other daughters who are trying to help their Dad. We have asked him to appeal but at the moment he is a broken man and in what could be described as a state of shock, especially as his legal people were telling him from the start that there was virtually no evidence to convict him! I suppose a jury will always err on the side of caution when presented with a child who is claiming such things, especially in the wake of the Saville case et al. He also says he doesn't want to put the family through a second case, as there were family members who gave statements as to his character, although the right questions did not appear to be asked. There is one thing I was wondering about...I myself was not asked to appear in court. It is a good few years since we were together and I have another partner. There was a statement made in court which I know to be a lie and which may have been quite crucial to the verdict. Is it permissible for me to contact the judge via e mail or in writing, to make him aware of this? Will it make a difference to anything if I do? The thought of discrediting my daughter ( the child's mother) is appalling to me, but my conscience will not let me do nothing if I can help my ex partner. I truly believe he is innocent, he never laid a finger on our daughters when they were young, or their friends during sleep overs etc, is it likely he should suddenly out of the blue turn into a child molester at the age of sixty? Does this happen? One other thing to mention, is the fact that the defence solicitors' opinion was that during the video evidence given by my granddaughter, the police officers interviewing her were asking leading questions, 'putting words into her mouth'. Sorry for the length of this Casehardened and Myhome, really I'm just thinking aloud as I write this, it's quite therapeutic!

[Casehardened]

There is one thing I was wondering about...I myself was not asked to appear in court. It is a good few years since we were together and I have another partner. There was a statement made in court which I know to be a lie and which may have been quite crucial to the verdict. Is it permissible for me to contact the judge via e mail or in writing, to make him aware of this? Will it make a difference to anything if I do?

Hi JK,

In view of your initial post I assume that the judge has reserved sentencing. Has his barrister already entered a plea of mitigation? If not he could incorporate your views into the plea; as mother your opinion will carry great weight. I would imagine this plea would be in writing and would be submitted to the judge before the sentencing hearing but please check with the barrister.

PS If he intends to appeal a plea of mitigation would not be appropriate as it is in effect accepting guilt.

Best wishes,
CH

[JayKay]

Appeal/mitigation

Hi Casehardened, thank you for your reply. I do not believe he will ever mitigate as he has been totally resolute in declaring his innocence. Even the chance of a lesser sentence would not make him take that option. As for appealing, I think finances are also playing a part in his decision not to appeal. The case has been going on for a full year, due in no small part to the police dragging their feet at every opportunity, and his savings are gone in legal fees as he did not qualify for legal aid. He's worried that he may have to sell his house. He is now waiting for pre-sentencing reports , I am not sure what these consist of or who does them? Sorry to appear obtuse but we have never had any dealings with the law until now.

[Casehardened]

I do not believe he will ever mitigate as he has been totally resolute in declaring his innocence. Even the chance of a lesser sentence would not make him take that option.

In this case I think it would be of help for you to write to the judge personally as you suggested. If you google 'pre-sentencing letter to the judge' you will see some suggestions as to layout and content.

[myhome]

his savings are gone in legal fees as he did not qualify for legal aid.

I think I'm right in saying that for an appeal he would qualify for legal aid - you would be able to check that out with his solicitor

[Rights Fighter]

What does his trial sol/barrister say about an appeal against conviction?

Legal Aid pays for a document called an "Advice on Appeal". Whether this is positive or negative it can be helpful to a new solicitor instructed.

Look at the link in my signature - I work for these solicitors and they specialise in appealing this kind of conviction. It might be worth giving them a ring and asking advice. If you man is eligible for funding they can take a look at it to see if they believe there may be grounds for appealing.

[slave1fett]

Hello, hope I'm in the right place to ask this, I'm new . My family is being torn apart. My ex partner has just been convicted by a majority decision of sexual assault on our 8 year old granddaughter. Horrific I know, except that all the family except my daughter, ( the child's mother) and her partner, are sure he is not guilty. He was accused by the child of touching her inappropriately and exposing himself to her. The only DNA found was a small amount of his skin on some of her clothing which could have got there innocently during normal contact. There were no bodily fluids found anywhere and nothing untoward was found in his house or on his computer. He has always vehemently denied the charges and is completely broken. The child certainly demonstrated some knowledge of sexual behaviour, where it has come from we don't know. Best guess is either something she has seen on tv or the family internet, (she is lively and imaginative) or maybe an experience she has had with a third party that she has transferred to her grandfather. His legal advisors said from the start that there was so little evidence that it should never have got to court. The judge appeared to be unhappy with the verdict and stated that he would have personal input with regard to the sentencing. Is this usual and what does it mean? The child herself has never showed any signs of the trauma you would expect after such an event, and was happy and chatty during her video evidence. Doctors and social workers have said she does not require any input from them as she appears perfectly normal. She did not show signs of distress even immediately after the alleged incident, and was unfazed by all of the legal proceedings. My daughter has cut us all out of their lives as we did not immediately take her side in this awful situation as she believes her daughter 100%, which I can understand up to a point, but I believe this to be a horrible miscarriage of justice.

Hi, i am going through something similar and was wondering how your getting on and if the sentence has been passed?

Hope it turns out better than expected, the justice system is a joke and the CPS are only interested in conviction rates,

my story,

http://www.daftmoo.org.uk/mooforum/s...hild-sex-abuse