Adult charged after slapping my autistic son, what happens now?

[Lisa121888Marie]

Hello, would be greatful for some advice please. My 11yr old son was slapped around the face by a 22yr old adult. I called the police and statements were taken both sides. She attended court for assault by beating and pleaded not guilty, and was put on bail until a trial date is set. My son is autistic and suffering with anxiety now. Is she likely to get away with this? I am struggling to understand how she can think its normal to slap a child. There were no witnesses, apart from the fact she admitted to both myself and my sons dad that she slapped him in the face. However she has pleaded not guilty.

I'm sorry this has happened. I dont think anyone can answer this for you unfortunately. If CPS have charged then their lawyer obviously thinks there's a realistic prospect of conviction.

What is the context for this assault?

Can you get a restraining order or similar? Why did she do this?!

Why were they alone together?
What was her explanation when she told you ?

My son was friends with the offenders younger sisters. However due to bickering we agreed to keep them apart which was successful On this occasion my son was playing on his scooter and they kept kicking the ball at him. He kicked the ball back, and then the elder sister came over and slapped him out of the blue and dragged his scooter along the floor. All silly really, but the assault was what took it too far! I would not dream of hitting a child!

Has anyone been through something similar? I will be completely disgusted if she completely gets way Scott free with this.

She might get a very small fine or something. She’s definitely not going to get a sentence or anything for a slap.

My ex punched me in the face while I was holding my daughter, was charged with assault by beating, he was put on bail, court dates were pushed back twice and it went on for over 12 months. Went though court and he was found not guilty because noone witnessed it and it was just my word against his.

of course, i understand. but she slapped a vulnerable child. I am hoping she will at least get a criminal record for this.

@Happygolucky08 sorry to hear that

@LadySparrow of course, i understand. but she slapped a vulnerable child. I am hoping she will at least get a criminal record for this.

I'm a magistrate. I deal with cases like this a lot. It's standard for there to be a court appearance and, in the event of a not guilty plea, the defendant to be released on bail. The bail will either be unconditional or come with conditions. Not sure which it is in this case (sorry if you have said, I haven't read every post). Conditions could include not to contact the victim or his family.

There will be a trial based on the evidence, with witnesses if there were any. In this case I wonder why there has been a not guilty plea. Perhaps the defendant is simply saying that the slap didn't happen, or perhaps that they were provoked or acting in self defence. Maybe you know more.

The sentencing guidelines for of they are convicted are here https://sentencingcouncil.org.uk/guidelines/common-assault-racially-or-religiously-aggravated-common-assault-battery-common-assault-on-emergency-worker/

Looks like category A2 or A3 to me. So you can see the likely sentence. There would also be substantial court costs (£750ish) if convicted after a trial. And a surcharge of maybe £100 depending on the sentence. The defendant's previous record will also come into it on sentence if found guilty. Only after conviction could you apply for a restraining order should you want one.

@Whoachino Thank you so much for your message. Unfortunately there were no witnesses apart from my son and the fact she admitted it to myself and my sons Dad. The police told me she pleaded not guilty at the first court appearance so another date is set for trial which is next week. Which we do not have to attend. However we will have to attend the trial with special measures for my son. I just hope she doesn’t get away with it. She has also been told not to co tact any of us. Thanks again

It completely depends on the individual case - whether she’s got a criminal past, whether she’s got any additional needs herself, the reasons she felt like she had to do it, whether what she did was proportionate to what he did etc

Honestly though OP, if it was a slap and nothing else and she claims it was in retaliation or to stop him from attacking her sister and this was her first offence, then I highly doubt she will get charged over this.

If she's got no previous convictions & it was an isolated incident then if it does go to court & she's convicted then it will be a small fine & community order. With no witnesses to be honest the chances of conviction are quite low especially as there are mitigating factors. I'm assuming there were no injuries if it was assault by beating rather than ABH?

It could also be resolved through a community resolution - this might be the best option for you all if you agree to not have further contact with each other.

What is it that you & your son want to achieve from it? To have no further contact or to see her punished?

OP has confirmed that she has already been charged with the offence.

@Portmore thank you for your message. The thing is she has threatened to beat my son up previously. I left it at that but now she has actually acted on it and slapped him. I want her to realize how wrong her actions were, obviously she seems quite out of control. I would like her to have a criminal record out of this. There we no witnesses apart from my son, and i have a photo of his red face after the slap, and also the fact she admitted it to myself and my sons dad.

They will want to know things like what your DS & anyone else present was doing.
A random slap out of anger is going to be different to a situation where there are threats or argument on both sides. If DS has threatened her or another person or she had reason to believe that he was about to slap or hurt or was otherwise abusing her or her sisters then it could be argued that the slap was a reasonable & proportionate means to prevent an assault or further threat etc.

How was DS behaving at the time - could be have said anything abusive or threatening? She may well make counter allegations about him that would then need to also be investigated? If he's lashed out or made threats first especially aggravated eg used racist, sexist slurs against either of them then he could well also be charged.

I would push for a community resolution that means she cannot approach either you or your son or enter your property & vice versa.

@LadySparrow surely something will come of it. its not normal behaviour to go around slapping children in the face.

Hi OP. I’m sorry to hear this happened. You are correct that there is no excuse for an adult slapping an 11 year old child. You did the right thing to report it.

however, the outcome is out of your hands now and you must make sure it doesn’t eat you up. Focus on helping your son through this - do you have any other support in place for him?

Does she have additional needs? On the basis that as you said - an adult slapping an 11 year old like this is unusual.

Being charged is extremely stressful in itself, and then she has to wait for a trial. She is already being punished and she certainly isn't getting away with it. You've done all you can do. I'm not sure why you care so much if she gets a criminal record or not, I suspect she has learned a lesson and it won't take back what happened. Some day your DS might slap someone and I'm sure you wouldn't like him to have a criminal record.

Why on earth did you leave your son with someone who had threatened to beat him up in the past and who he clearly doesn't get on with??
I'm sure there's far more to this than is being delivered.
What were the reasons for her slapping your son? If nobody was there to witness it, can you be confident that your son was totally innocent in all of this and it was a completely unprovoked attack for zero reason??

OP has explained he was on his scooter outside the house

people seem very keen to defend this woman!

Clearly unacceptable.