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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To want a new barrister because he touched me

81 replies

Crookedcolours · 06/12/2018 23:30

Lots of context which I don't want to go into but basically on top of a very distressing court hearing (ptsd, discussing serious sexual offences) my male barrister touched my back as we were walking out of court for a few seconds.

Aibu to ask for a new barrister because of this and generally making me feel intimidated and unprotected in court (having unnecessary chats with my ex) pressuring me to drop allegations etc

OP posts:
WinterfellWench · 06/12/2018 23:34
Confused

YABU. Obviously.................... Hmm

RoboticMary · 06/12/2018 23:35

Hmm Don’t be ridiculous.

MrMeSeeks · 06/12/2018 23:35

No

MrMeSeeks · 06/12/2018 23:36

I mean yabu, no don't ask for another barrister

cheesywotnots · 06/12/2018 23:36

Who employed your barrister, if you're not comfortable with him and you don't feel he is working in your best interest speak to your solicitor or arrange for someone else to represent you.

Namechangeforthiscancershit · 06/12/2018 23:37

Err the touching thing no, but if you have concerns about how he’s represent you then yes of course.

NeverTwerkNaked · 06/12/2018 23:38

I’m with you on this.

In fact I was outside a court room the other day, waiting, and I noticed a male barrister touch his female client like that and commented to my colleague how utterly inappropriate it was.

Huge sympathy from me.

NeverTwerkNaked · 06/12/2018 23:40

My only caveat would be that you might want to take some decent advice on how the court might perceive a change in barrister.

But I am sorry for the idiots on this thread who can’t understand how awful unwanted touching is for victims of sexual offences

Grilledaubergines · 06/12/2018 23:41

Yabu.

You don’t know the talks with your ex are unnecessary. Either trust that your Counsel is capable or seek new. Was the barrister instructor by your solicitor or did you instruct on a direct access basis. IF the former, consider that the reason your solicitor chose them to represent you is because they have had previous experience of that barrister and a good outcome.

VladmirsPoutine · 06/12/2018 23:41

What's going on here. I'm not sure where to really start...

JustABetterPlayer · 06/12/2018 23:41

I think most rational people will assume you are being unfair.

NoCanoe · 06/12/2018 23:42

Your barrister should be having no chats with defendant. If you know that for sure, then id be concerned. But, tbh, very unlikely? More than their job is worth.

Intimidating? That needs to be made clearer. No harm in asking for female counsel if it's still in early stages.

Touching on the back? Non starter. It's a reflex action on many occasions.

I'd examine the first two points I've outlined above.

TheSilentLamb · 06/12/2018 23:42

No, yanbu given the extra context.

VladmirsPoutine · 06/12/2018 23:43

Are you receiving treatment for your ptsd?

Many things that may appear rather innocuous to the average person can seem titanic to victims of abuse. Particularly, like it sounds with you, when they have to address them head on.

Grilledaubergines · 06/12/2018 23:44

If the ex had no representation it would be quite acceptable for the OP’s barrister to talk to them. It is only not acceptable where both parties have legal representation.

AtrociousCircumstance · 06/12/2018 23:45

YANBU.

He’s intimidating you, pressurising you to drop allegations and the touch sounds inappropriate.

All the posters piling in to say yabu - here’s a little pointer: if you know someone has suffered sexual assault and has PTSD, and you’re representing them in court, don’t touch them in familiar ways.

Grilledaubergines · 06/12/2018 23:46

atrocious. Utterly ridiculous. Touching someone on the bag is entirely different. You know that of course. As I say, ridiculous.

NeverTwerkNaked · 06/12/2018 23:47

I’m a (female) lawyer. I have never ever intentionally or accidentally touched a client like that. There is absolutely no call for it. It’s only a certain type of man who does that and no one should have to be ok with it. But certainly not a victim of sexual assault

Grilledaubergines · 06/12/2018 23:48

back.

although bag or back, it makes no difference. There’s nothing intimidating, sexual or otherwise.

MissMalice · 06/12/2018 23:49

YANBU. Unfortunately most people won’t understand trauma so you won’t get helpful replies here. Do what’s right for you.

Crookedcolours · 06/12/2018 23:53

My solicitor arranged him for me I've had numerous ones before but he's the one for this fact finding hearing but I don't trust him now

OP posts:
Crookedcolours · 06/12/2018 23:54

They were unnecessary and I know what my ex is doing he wants to make me feel ganged up on.

When you're in a court with three men, discussing rape and sexual abuse, and your ex is making pally comments to your barrister maybe you can tell me how it feels

OP posts:
Crookedcolours · 06/12/2018 23:54

He didn't get me screens which I asked for.

There was no need for him to hold his hand on my back

OP posts:
Crookedcolours · 06/12/2018 23:55

I've had treatment for my ongoing ptsd for over a year after fleeing the domestic violence.

OP posts:
NoCanoe · 06/12/2018 23:55

The chances of this defendant having no legal representation appears slim.
But i may be mistaken.

Only the OP can tell us at which stage this hearing has got to. I'm assuming criminal matter, but it could be part of custody battle?

I really don't think we can judge too much on info given, though I do agree male barrister should have been extra aware. But as I said......some touches are just reflex, like heading you out of court or pointing you in right way.

I'm sure raising it with your solicitor as to how uncomfortable you felt, will help regarding the touch.

Legally, the other matters are of more a concern in a technical sense. And I'm not dismissing your reaction at all. Just trying to see which argument has more weight.

And I'm very sorry you were left feeling like this. That should not happen.

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