Sex offenders register impacts

[offthegauge]

My partner of 2 years has been arrested for historical allegations from when he was 12 by a family member who was 11 (I won’t go into detail but it is not rape, just to explain severity) he has been released on bail and had his bail conditions that prevented him being around children dropped as they don’t deem him a risk to children.

He is bewildered and denies it all and has instructed a solicitor and obviously we hope it won’t go anywhere, but I have a child from a previous relationship and I want to know what implications if he was charged and placed on a register this could have for me and for my child. Would I need to inform their father? Would it warrant a social services referral? Would we have restrictions about where we could live, where we could go? We wanted a child of our own, how would it affect that?

His whole world has been tipped upside down so I don’t want to bombard him right now with my anxieties but at the same time I need to know what I could be facing so I can decide if this is a relationship I can continue. As much as I love him, my child is my priority. Can anyone shed any light who may be clued up in this area?

Have you seen paperwork around the charges or is it just information he has given you? I would question the details as I don’t think children under the age of 13 would be prosecuted. This wouldn’t ring true to me, there must be some minimising.

https://yjlc.uk/resources/legal-guides-and-toolkits/children-facing-sexual-allegations#:~:text=The%20CPS%20guidance%20acknowledges%20that,13%20is%20not%20a%20defence.

“Sexual offences against children under 13
Practitioners should be particularly aware of the distinction in law of sexual offences committed against children below the age of 13, as set out in the SOA 2003 (ss5–8). The CPS guidance acknowledges that ‘there is a fine line between sexual experimentation and offending and in general children under 13 should not be criminalised for sexual behaviour in the absence of coercion, exploitation or abuse of trust’. Mistaken belief that a child was over 13 is not a defence. However, where sexual activity was genuinely consensual and those involved are fairly close in age and development, a prosecution is unlikely to be appropriate.”

You need to safeguard your child even if you don’t believe he has done it. If he is charged, social services will be involved and he will likely not be able to have contact with children.

Really? These allegations are from 25 years ago. A man who has never had a single issue with the law, a man who has a great relationship with his family, a good career, has been a consistent and positive part of my life since the day I met him. Who has been the most respectful, kind and thoughtful person I’ve ever been with. It’s not quite as simple as just turning your feelings off. It’s innocent until proven guilty. I’m out here trying to understand the implications and make an informed decision. I hope you’re never put in this position!

This sounds like a nightmare, big hug from me. Can you ask to speak to his solicitor about it?

Have you seen his paperwork?

I would put my money on the chance that he is lying and minimising. It is not in public interest to charge children for peer abuse unless there is significantly aggravating factors. You need to safeguard your child even if you don’t believe it right now. I cannot stress that enough. If he is charged, social services will ask why you didn’t.

There is no way he has been arrested for something that happened when he was 12 and the other child was 11. The first thing you need to do is find out what he has actually been arrested for, which he is clearly lying about. To answer your questions though, yes social services will be interested, and your DC will be considered at risk, as would any further joint children. You should definitely not be allowing him and unsupervised contact with your DC until you know the full facts and can assess the risks.

I don’t know what steps would be taken if he was placed on the sex offenders register but that’s a potential problem for the future. The immediate problem is your partner has disclosed he has been accused of a sexual offence against a child and he has access to your child.

Who told you what his offence was and that his bail conditions about being around children had been dropped? I think you really need to speak to the police and ask what they can disclose (maybe under Clare’s Law?).

It may all be just as he says but your child needs to be your priority, like you said.

I would make an application under the Child Sex Offender Disclosure Scheme (CSODS), sometimes known as 'Sarah's Law'.

You can do this by calling 101 or going to a police station (I wouldn't advise the latter though as you'll likely have a long wait). Some forces allow online applications.

It covers if someone is considered to pose a risk as well as if they have convictions (which your DP may not).

You will be expected to keep any information you receive confidential. Not will the police tell your DP you have made the application, although depending on what there is in his background and what happens, it may become obvious you have asked.

The age of criminal responsibility in the UK is 10, so he could be charged. As the quote given by @AMistakePlusKeleven shows, the CPS can charge the individual if there is evidence of coercion, exploitation or abuse of trust. From what you say this hasn't got to the CPS yet. The police will investigate but, unless they turn up the required evidence, it will almost certainly be dropped without him being charged with any offence.

I see we have a number of posters saying he must be minimising. The fact that he is not deemed to be a risk to children suggests to me that he isn't. But there is no way of knowing for sure and there will, of course, be some people taking the view that there is no smoke without fire.

If he is convicted and put on the sex offenders register it simply means he must notify the police of certain things - changes to contact details, travel plans, staying for at least 12 hours at a household or private place where someone under 18 is present, etc. It doesn't mean he can't travel, move home, stay in a house with children, etc., simply that he must notify the police if he does so. However, the court may impose other restrictions which could impact your relationship.

Most people don’t realise that under eighteens are responsible for half of all child sex abuse in the uk.

Malicious reports are rare despite what the media portrays. I would take the view that something has happened. And as it has happened within the family there is a possibility that there is more than one victim.

I would end this relationship before social services become involved. You don’t need to know anything more than he has been accused of sexual abuse. And that’s not normal.

In my experience of working in safe guarding for the police to go out and arrest there's more to it then two kids op

He absolutely could have been arrested for offences committed at age 12. I work with young sex offenders and there are convictions for young people of this age, usually with a treatment order rather than custody.

As pp said the majority of sex offences are committed by under 18s and (and I think this is where there is huge misconception amongst the general public) most stop offending by adulthood. This is why the police are likely saying there is minimal risk.

Depressing what some children have to endure for the sake of the love life of one of both of their parents

My child's grandad was arrested for similar. Also historical, he was in his 50s when arrested for offences between ages 9-11 against a family member. He was found guilty of lewd behaviour and on the sex offenders register for a period of time. Feel free to message me and I can tell you how it played out for us.

It does not need to have been rape to have ruined someone’s life. You sound like you’re minimising.