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Anyone know anything about police investigations, CPS, and all that fun? (trigger warning)

7 replies

TheVanguardSix · 04/12/2021 09:53

I am in one of those situations you don't often find yourself in, lucky me.
My former husband (moved out end of August) admitted to sexually abusing our daughter for approximately 4 years (her words- he is minimising and changing ages to when she was older but admits guilt).
DD is 11. The abuse happened between ages 4-8.
Sorry if I sound all pragmatic and matter-of-fact. I broke miles back and I think I'm in this numb-coping mode half the time.

Anyway, he was arrested on the August Bank Holiday weekend. He's been out on bail since (investigation is ongoing).
All evidence was handed over to the CPS back in early October.
I just heard yesterday that they have decided not to charge him yet.
The police need me to make a statement (something I pushed so hard for, something the detective kept saying we would do- kept booking it then cancelling- and now here we are) as well as DD's CAMHS therapist.
That's fine.
But I am beginning to think the detective has cocked up massively by never taking a statement from me, by never taking the home PC that my former husband worked on as evidence, by not approaching CAMHS sooner, and by never interviewing her former teachers who noticed her low mood and constant tears over the years.
He had my former husbands' admission and DD's video statement (which was, by all accounts, excellent for an 11-year-old). And that was the evidence submitted to the CPS.
My daughter needs justice and I am really not sure if she'll get it.
I am just wondering if I am worried and upset for no good reason.
Maybe this is all normal procedure: slow-motion jumping through bureaucratic hoops and all of that.
Does anyone have this sort of experience (I'm guessing not too many, which is a good thing!)?

OP posts:
zippityzip · 04/12/2021 10:02

He has cocked up yes.

A key statement to take in cases like this are from the "first complainant". The FC is the first person your DD would have told. That is considered a key witness and would definitely need a statement. If that's you, then you should have been one of the first to give a statement. You should be giving one anyway.

If she has made any disclosures to anyone they need to give a statement (teachers, family, friends).

And why on earth were his electronics not seized to be forensically examined. That's appalling that never happened. It would have all fallen into the powers of the warrant under what he was arrested for. It's key evidence missing essentially.

Sorry to ask - but was your DD given a medical examination? Again, key evidence.

Not surprising that the CPS don't want to charge without this.

Your detective needs to submit an MG10 to the case file containing further evidence. I have no doubt that the DC has an extensive list of boxes to tick sent from the CPS about what is missing. For something so serious it's actually appalling it's being worked through like this.

Yes, it is an incredibly long drawn out process even when it's done well. But I really don't think you've been supported well enough throughout this. A diligent DC should want to get justice for this just as much as you.

However it pans out, I'm so sorry that you and your DD have had to go through this.

Snowywintersundays123 · 04/12/2021 10:12

@zippityzip an mG10 is witness availability?

I doubt the case has actually gone to CPS yet;it would have gone to the RASSO review officer, this is the rape and serious sexual offence reviewing officer. They would have requested further info, this prevents cases getting bounced back from CPS lots of times.
It sounds like the officer was hoping based on admission and your DDs VRI would be enough, however all available evidence needs to be gathered, anything that might assist / undermine the prosecution or defence.
CAHMs records are standard practice to request in all SSO cases, along with any csws involvement etc.

It’s not uncommon for cases to take 12/18 months before charging decisions are made… however given your DD age id hope this be dealt with sooner.

If you aren’t happy with how the investigation has been dealt with you can complain via 101 or online

cupofdecaf · 04/12/2021 10:19

If you want it speeded you get your MP to contact the CPS. It's taken very seriously.
The police and CPS are overwhelmed though and were before covid it's just even worse now.
Why don't you make a complaint to the police as well as contacting your MP and see if a more senior officer can take over running the investigation. I hope your daughter gets justice and can, as much as possible, move on with her life.

TheVanguardSix · 04/12/2021 11:32

Thank you all so much for your wealth of knowledge and insight.
I think I really do have grounds to complain but I am so afraid of doing so. I am afraid that complaining will hinder my daughter's quest for justice.
One of the major upsets was that after giving 4 hours of a video statement (she's 11 and this was so hard but she did well), he turned to her and said 'your dad might not go to prison'.
As true as this statement may be, it was so wrong to say that to a suicidal victim of sexual abuse. Say it to me! I can handle it. Don't say it to an 11-year-old who has just given 4 hours of exhausting testimony.
I think of all the times the DC cancelled me... I was meant to give a statement. He even came to my home to take a statement and decided midway through that I needed to give a video statement, it was too much for him to write down. Anyway, he would check with his superior, he told me, because video statements aren't usual with adults. In the end, I never gave a statement, written or video.

I was quite surprised when the DC let me know that he'd submitted all evidence (Former husband's and daughter's statements) to the CPS. I was worried from the moment he told me this because I knew he'd neglected to obtain statements from others.
As for the home PC, not only was it not collected as evidence, he asked if he could collect it from my home to give to my former husband who was struggling to manage his life admin without it (while out on bail). Confused

OP posts:
zippityzip · 04/12/2021 15:03

@Snowywintersundays123 you're correct. It's been a while since I did casefiles and even then they were majority wet files. Is it an MG11 for further evidence then?

OP absolutely complain. It's not good enough. As overworked as they can be, it's no excuse not to take your statement and gather the physical evidence for prosecution. Especially not in a case like this.

While I'm here - your DD is under CAMHS, but what about you? You're going to need emotional support too.

Deathraystare · 04/12/2021 15:46

As for the home PC, not only was it not collected as evidence, he asked if he could collect it from my home to give to my former husband who was struggling to manage his life admin without it (while out on bail).

For Christ's sake. Heads should roll for this. What were they thinking????!!! Everytime you see something on the news, the first thing the police do is take the computer away.....obvs!

Deathraystare · 04/12/2021 15:47

Forgot to say - giving you and your daughter a virtual hand hold and wishing you strength in the time ahead.

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