Statute of limitations and child disclosures

[areyousittingontheremote]

Hello,

Just wanted to put feelers out here as there are intelligent people in the know.

My child made disclosures about an adult harming her in various ways, nothing extremely serious, but being rough, and recently harming an animal (he lived with us)

Police took my statement and spoke to her on video, but they NFAd it because of SoL.

My question is when it's a child disclosing AFTER the person left I wonder how or whether this can apply/whether I can challenge this since the child only disclosed the things because the person left, she is afraid of him.

I wonder whether to add the latest information (disclosures keep coming) to the report, but it's now closed.

I'm just trying to get my child listened to and ensure she is protected

There is no statute of limitations on criminal offences above the level of summary offences (magistrates cases). I suspect you've misunderstood something.

Keep reporting all disclosures

They can re open it or at least open a new one with the previous information forming a pattern of behaviour

There isn’t a statute of limitations, however offences go statue bar that are summary only offence from 6 months at the point of the offence taking place. So for example the offences you’ve described, being rough, would most likely be a Section 39 assault so would go statue bar. Hence the NFA.
Realsitically it will still be recorded on police systems and would get disclosed in future for Claire’s law applications etc

thank you.

I am in a foggy mental state due to years of coercive control etc.

Only when he left did I find out he had been perpetuating the same behaviours towards my child directly and that she was aware. She's 7.

I got a call from the police who told me (and I am sure of this) that because of the statute of limitations and they could not determine from my child WHEN the incidences occurred (they were actually ongoing for five years) they were taking no further action.

If you have anything to pass to me which I can use in my possible appeal (I have requested the outcome letter today for both this and my original complaint, unsure if I appeal or add to statement) then please pass that along because I will be taking this further if at all possible for the sake of my child's wellbeing (he is applying through family court so the threat is present)

Thank you.

By the way, my complaint of coercive control in which non fatal strangulation and common assault were also NFAd due to statute of limitations, the assault was five years ago, but the NFS I thought was illegal even with consent. Apparently I did not protest in the right way, I tapped out but never said 'I don't like that' I took it because it signaled the end of the session.

I am not happy these have been NFAd and he is allowed to continue to terrorise us in family court. My daughter is very afraid of going near him but I do fear a judge will order some contact possibly, otherwise I would rather let this go and get on with my life but I know he will do this to someone else as well.

Thank you. I am recording them, and most of them are on record with police in a hearsay statement.

I also update my solicitor and my domestic abuse worker each time my daughter makes a new one

Thank you.

there are so many options. Appeal, add to statement (though they were both NFAd so unsure if this applies), or maybe I just call 101 and ask but I would rather have some information on how to proceed.

I knew mumsnetters would be wise and offer some insight. Thank you.

Ah okay, yes that's the one! Okay I did misunderstand then. Thank you for helping me.

So my coercive control complaint would that be on Claire's law too?

I hope any future prospects look him up! He's making friends on facebook with many women with children. (I know, I shouldn't look, but I do) He has a real problem. I just hope I am extremely dumb and gullible and other women will be more savvy to his fake charm and not put up with his horrific sexual fetishes the way I stupidly did.

Just keep reporting and reporting. Everything

Okay, yes I will do that then thank you.

I was afraid the police would see me as harassing or something, I am so paranoid after my experience with him. But they actually said themselves to do that and that I'm doing the right things in reporting.

Thank you.

Do it. Its near impossible to get them to believe you never mind a conviction. Its not harrassment its you protecting yourself. 6 years on im still reporting. But if i dont i have no belief things will get better. You have to. Get some help from a local DV centre too. They will support you and help.

thank you. Okay I've just done it :)

I am so sorry you went through something as well. There needs to be real education around this stuff in schools.

Thankfully I'm no longer modelling it to my daughter. I let her down standing for what he did.

Anyway, it's all on record. I went to a DV place soon as he left as I was really, really distraught. I'm getting counselling and am on medication for panic attacks.

I hope the police reopen my daughter's case. This is all about her and her welfare. I will be okay but hurting her is not acceptable.

I thought the time limit for bringing an assault charge for domestic abuse was increased to two years in the Police, Crime, Sentencing and Courts Act last year.

Because you talk about him assaulting you as well and imply he used to live with you it sounds like this should fall under domestic abuse?

I think the police messed up my complaint to be honest.

I made a complaint about coercive control.

They identified non-consensual sexual acts. I never called those acts the R word, they did.

They took me for a video interview because of it then spent an hour questioning me on that one act at the beginning. That act was non-consensual but it was complicated.

After that I was fatigued and nervous and went on for a few hours about the rest, but it was all small things that formed a pattern and I focused on bigger incidences for which I had varying bits of evidence.

She asked at the end where there was anything else to which I said yes but there's too much to put down or remember in one go.

After that my daughter made disclosures related to some things I had said, more recently she's mentioned cruelty to our pet.

They've NFAd both but I think it's a mistake because I assumed they would speak to me again, ask for more of my evidence (I had to rely on what I could get printed at my local library but there is more and there's more detail)

They said 'we can only go on what you said in that interview' but my child has said more and my witnesses will say more.

I want to take it further but don't know how.

I think you probably need some in person support and advocacy. Could you contact Women’s Aid or Rape Crisis and see if they can help? Or even witness support?

Sexual assault is not summary only and has no time limit for prosecution. So if you disclosed this, whatever language you used, they should have identified it and shouldn’t be fobbing you off that it’s timed out. It may be that the decision is really to do with some other factor - a belief you won’t make a good witness, for instance, or that what you disclosed didn’t amount to a crime. But if that’s the case they need to own that decision and tell you.

If you can’t get help from another organization, could you start by asking for a written explanation of what the crimes are that they’ve identified from your interview and why they aren’t taking the matter any further? Being told things over the phone makes for foggyness on both sides - Officers can fudge their excuses more easily and you can misunderstand or misremember what’s being said, especially when there are terms that you aren’t familiar with. If your contact officer won’t do this, ask to speak with their supervisor (call the station switchboard if the officer is obstructive). And if that doesn’t get you anywhere, ask to put in an official complaint.

Thank you

@NumberTheory I can reply properly here, was on phone last night. I appreciate your help.

I've been fobbed off by police and wonder if you can help?

I intend to call back today.

This person has psychologically terrorised me and my child, and they have NFAd me because they identified rape, common assault, non-fatal strangulation, and coercive control possibly, but NFAd each one separately, rape as I didn't protest in the right way, common assault for statute bar, non-fatal strangulation as I never said no (I never consented either but never said no to that one), coercive control because of the statement on the day the incidents did not constitute a crime.

But I never accused of any of these things individually, I made a complaint of coercive control.

I feel like they've found a way around it.

But I've looked up the CPS definition of CCB and it fits! It fits, so how can they say it doesn't constitute a crime? Well, on the day I spent 4 hours there talking about the five years and said at the end there is more but I can't remember or crystalise it all here today.

I want to make a new statement. can I ask for that? they said they would get the detective to call me back but she hasn't and it's been a few days. But why get her to call me? She's off the case as there is no case. I want to appeal the decision as she said I could but they've sent me no letter and I don't remember how to do it as when she called I was upset.

What should I do?

I think your first step with the police should be to try and speak to the officer again. She will know your case and should understand why they haven’t gone ahead with coercive control and whether other things you might be able to add would make a difference.

They may be trying to fob you off, but they may not. Proving a case in court is a high bar to get over and most incidents of crime reported to police do not end up in someone being charged, leet alone convicted. The officer may be avoiding talking to you but she may just not have been in work for a few days. Police can work all sorts of hours. You could call the station and ask when she’s next in and leave a message asking her to call. If you that doesn’t work, escalate to her supervisor.

But I also urge you to try to talk with Women’s Aid or some other charity that supports women who have been through what you have. The criminal justice system is often ineffective and you may need to find ways to badger them into acting or to come to terms with it. Support matters.

Thank you for your input.

OP I really feel for you, very similar situation here and it's shit. The excuses the police have given me for NFA'ing my complaints are disgusting despite me providing them with evidence of him admitting some of it. Try "you didn't say no when he started having sex with you" - I was asleep when he started. How can I consent when asleep? Or there's "you can't give us the exact dates and times" I was repeatedly raped over several years. And there's the peachy "You have gaps in your memory due to the trauma of what has happened to you. These gaps mean we do not have enough evidence to prosecute" What's the trauma from then dickheads?

As for the coercive control, I just don't understand what is going on in their heads. It's any excuse to not prosecute. The police even told me my ex had clearly done it all based on his interviews and my evidence. "Rotten to the core" were their exact words to describe him, but they still didn't prosecute.

I have photos of DV injuries that he prevented me seeking medical attention for in case anyone found out he had inflicted them, but "because I didn't seek medical attention they can't have been that bad". Check out the scars then you douchebag.

Honest to god the system is not fit for purpose. It gives me the rage it really does.

Wow that’s really sad I’m so sorry