Sunderland Echo

He abused my daughter but I don’t want my husband jailed

- By Andrew Freckleton

The Local Authority has recently issued care proceeding­s for my only daughter after she made allegation­s to her teacher that my husband sexually abused her .

My husband had denied this before admitting to me and his best friend what he had done. I’m soconfused.Iwanttotel­lthetruth becausemyd­aughterwan­tstosee himpunishe­dbutIdon’twanthim to go to prison if I say something. Hesaysitwa­sallabigmi­stakeand that he really regrets it.

As a mother you are party to proceeding­s and as such under a duty to provide full and frank disclosure.Asaparenty­oucannotre­fuse to give evidence. If you refuse an inference will be drawn. This means the court will assume the thing you are being asked about did occur. If you deny the allegation­s you could face prosecutio­n for contempt of court. This is a very real possibilit­y especially since your husband has disclosed the abuse to a third party.

You mention you are worried about criminal proceeding­s against your husband. A disclosure­madeinthef­amilycourt­cannot be disclosed into the criminal court.

Ifthepolic­ewantedtou­seyour evidencein­criminalpr­oceedings, they would need to apply to the court for permission to disclose youreviden­ce.Thecourtwi­llthen consider several factors.

If your daughter would be adverselyi­mpactedbyt­hemakingof an order this would be a very important factor. However, it would appearthat­yourdaught­erwishes yourhusban­dbeheldacc­ountable for his actions and as such disclosure may be of benefit to her.

The court will consider the maintenanc­e of confidenti­ality in child cases which is linked to the importance of encouragin­g the truth.

This generates the starting point of no disclosure but is then balanced against other factors such as the seriousnes­s of the offence and public interest in prosecutio­n.

There is a strong public interest in convicting those who are guilty of sexual offences against children.

The court will also consider how important co-operation is between agencies involved in the welfare of children. It will be a question of whether this informatio­n needs to be disclosed to assist this co-operation. In cases of sexual abuse this is important as your daughter will have medical and emotional needs.

The serious nature of the offence makes disclosure a viable prospect.

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 ??  ?? “There is a strong public interest in convicting those who are guilty of sexual offences against children."
“There is a strong public interest in convicting those who are guilty of sexual offences against children."

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