Should we take it further

[Alifpb]

Hi...
my 21 yr old daughter was assaulted last year by her ex.

we went to court last week.

We had an amazing witness who saw everything.

she was kicked to the face twice with steel toe caps and punched .... but because it was only her phone that was broken and NOTHING ELSE, he was found NOT GUILTY OF ASSAULT

it's really damaged her mentally and we just don't know whether to take it further......so frustrating as her ex is so sly and unassuming, just thinks his sh%t doesn't drink........x

[Alifpb]

Sorry ment stink....lol x

[Peridot]

Hi Alifpb,

Your poor daughter. So in criminal proceedings he was found not guilty? If this is the case then the reason would be that the Court felt that on the evidence it had not been shown 'beyond all reasonable doubt' that your daughter was assaulted by him?

Has your daughter seen a doctor about any mental health issues since the assault? If she has and it can be shown any issues she is experiencing are as a direct result of the assault then she may have a civil claim against him in personal injury. The burden of proof is on the balance of probability in civil claims, so if the Judge decided it was more likely than not that the assault happened and that as a result of the assault your daughter has suffered mental health issues since you may have a potential claim. However, t

here are a number of things to look at, for example if her ex (I hope they are an ex now!) has nothing then there would be little point suing him for damages.

It may be advisable to discuss with a specialist personal injury solicitor and see if this is something that could be pursued.Whatever options there are it needs to be your daughter's decision. A claim can be very stressful for the claimant and may not help them recover from the trauma of what has happened. It is a major decision for her to take. She needs to feels strong enough to do this, as well as considering whether the ex could actually pay any damages. The limitation period for bringing a claim against someone who has caused personal injury to you (which can be evidenced through medical records) is 3 years from the date of the incident.

I hope your daughter can move on from this and feels able to deal with it soon. If she is struggling it may be an idea for her to ask for some help. Her GP may be a good place to start, who could arrange some counselling if appropriate.