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URGENT - Can Police use old statement against complainants wishes?

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  • URGENT - Can Police use old statement against complainants wishes?

    Hello I am looking for a quick reply to this as we have a meeting on 21st. Nine years ago my 15 year old niece ran away from home and subsequently made a statement to the police that she was being hit by her mums boyfriend, with her mum holding her while he did it (with a stick). no action was taken and she was returned home. Fast foward to 2016 and the police have made contact because he is now facing sexual abuse charges (he disappeared a long time ago this is now another victim). When the police questioned my niece they discovered that
    she too had been sexually abused by him but did not tell anyone at the time. She is now prepared to also have him charged with this. The problem she has is that he has been gone long and she has made amends with her Mum, but the police want to also use that statement she made because it will help her to show how controlling and bullying he was, but it will also affect her mum. Am I correct in saying that if he got charged with Physical abuse her mum would too as an accomplice? Does she have the right to tell the police she does not want to persue the Physical Abuse complaint? Thank you so much to anyone who can help. My niece is due to give a video statement on Monday morning.
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  • #2
    Re: URGENT - Can Police use old statement against complainants wishes?

    Oh goodness, not a nice time for your family, particularly your niece, to be going through.

    I suppose the first question is the toughest, was her statement true with regards her mums part in the abuse? whether under duress from the boyfriend or not.

    If your niece withdraws her statement then it is possible it may weaken their case against the abuser and consequences are not really worth thinking about.

    How does her mum feel about it? Is she supporting your nieces decision to go ahead with making the statement ?
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    • #3
      Re: URGENT - Can Police use old statement against complainants wishes?

      "Made a statement to the police that she was being hit by her mums boyfriend, with her mum holding her while he did it (with a stick)."

      Was this true that the mother held her?

      If so even though they may have "Made up" it could be time for the mother to face up to what she did.

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