Sexual assault case

[Whatchadoing10]

Hi,

I’m just looking for advice for a friend (she knows I have posted here)

A family member of hers has been charged with sexual assault. She doesn’t know the ins and outs of what happened but it is against a female over the age of 18, for inappropriate touching and he is pleading innocent.

He is due up in magistrates court soon. He was previously arrested for sexual assault on a very young child years ago but it never went to court (she doesn’t know why- him and his family have said he is innocent)

So she has a 14 and an 8 year old daughter and has made sure he has never been alone with them. But It is her ex husband’s family member so has expressed that to their father too.

She wanted to know if all sexual assault cases end up going to court. And if due to his background he will be more likely to be found guilty?

If this is the case she wanted to know if there was something legal that she could get in place preventing him having any contact with her children?

No, all sexual assault cases do not end up going to court. As with any other offence, it depends on the strength of the evidence. However, it sounds like this case is going to court.

The court will not be told about his background. He will be tried on the evidence for this case alone. Previous arrests will not form part of the evidence.

She could apply to the courts for an order preventing her ex husband allowing him to have contact with their children. She may get an order if she can convince the court that there is a genuine safeguarding concern.

In family courts they have less burden of prove then criminal courts, even if does not get found guilty in criminal law ,he can be still be found guilty family law .
My advice is get in contact with family solicitor they be able to look to see if there is enough for no contact or offer supervised contact at centre.