Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Content warning (added by MNHQ) Brother up in court for breaching community order - likely prison?

7 replies

BlueCanaryInTheOuthouse · 21/11/2023 14:58

Hi,

My brother was convicted of assault by penetration in 2022. He has six previous convictions (none others for sexual offences).

He was sentenced to 2 years suspended with an alcohol absintence requirement (has very much not kept to this, been taking drugs too).

He is now up in court for breaching his community order and has additionally committed another offence (assault).

What is the likelihood of the original sentence being custodial and him going to jail?

Thank you

OP posts:
LonelyFlans · 21/11/2023 15:12

Probably quite high if he's still in his suspended prison sentence period.

AgnesX · 21/11/2023 15:14

What's the difference between assault by penetration and rape?

BlueCanaryInTheOuthouse · 21/11/2023 16:17

AgnesX · 21/11/2023 15:14

What's the difference between assault by penetration and rape?

I'm not sure to be honest.

I hope he does go to prison finally.

OP posts:
Lizzt2007 · 21/11/2023 16:22

AgnesX · 21/11/2023 15:14

What's the difference between assault by penetration and rape?

I'm no legal expert but I believe rape is still defined as penetration with a penis, I would assume he used fingers or an object other than his penis.

CrimsonPig · 21/11/2023 16:52

It sounds like prison is the best place for him unfortunately. Sorry OP.

prh47bridge · 21/11/2023 17:04

Lizzt2007 · 21/11/2023 16:22

I'm no legal expert but I believe rape is still defined as penetration with a penis, I would assume he used fingers or an object other than his penis.

Correct.

Assault by penetration means the offender has penetrated the victim's vagina or anus with some part of their body other than their penis, or with some other object.

BlueCanaryInTheOuthouse · 21/11/2023 17:19

Don't be sorry, I agree.

OP posts:
New posts on this thread. Refresh page