EP 116: IICSA Update and Abuse within Minority Religions – Richard Scorer – Law Pod UK

Posted June 17th, 2020 in child abuse, children, news, podcasts, sexual offences by sally

‘In Episode 116 Emma-Louise Fenelon speaks to Richard Scorer, Head of Abuse at Slater and Gordon, about progress of the Independent Inquiry into Child Sexual Abuse and in particular the investigation into abuse within minority religions. The episode also examines the impact virtual hearings has had on evidence to date.’

Full Story

Law Pod UK, 16th June 2020

Source: audioboom.com

Court overturns ‘right to sex’ ruling on man who cannot understand consent – The Guardian

‘The court of appeal has overturned a controversial ruling that a man has a “fundamental right to sex” even though he cannot understand the issue of consent.’

Full Story

The Guardian, 11th June 2020

Source: www.theguardian.com

Justice Secretary seeks to block decision to release rapist serving life sentence – Daily Telegraph

‘The Justice Secretary is seeking to block the decision to release a rapist serving a life sentence from prison, after the victim’s family only learned of the plans through a journalist.’

Full Story

Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

Cricketer who joked about ‘dragging the birds back’ appeals five-year rape sentence – Daily Telegraph

Posted June 5th, 2020 in appeals, news, rape, sexual offences by sally

‘A former professional cricketer who joked about “dragging the birds back” as part of a WhatsApp sexual conquest game has appealed a five year sentence by claiming the comments did not prove he would ignore consent.’

Full Story

Daily Telegraph, 4th June 2020

Source: www.telegraph.co.uk

‘Rough sex’ defence led to over 60 victims having to deny giving consent, finds research – The Guardian

Posted June 4th, 2020 in assault, consent, defences, news, prosecutions, sexual offences, victims by sally

‘More than 60 victims have been forced to go to court over the past decade to deny that they consented to strangulation, assaults or violence, according to the campaign to end reliance on the “rough sex” defence.’

Full Story

The Guardian, 3rd June 2020

Source: www.theguardian.com

Supreme Court to rule on ‘paedophile hunters’ case – BBC News

‘A convicted paedophile who was snared by a vigilante group is to have his case examined at the UK Supreme Court.’

Full Story

BBC News, 3rd June 2020

Source: www.bbc.co.uk

Most online grooming offences in UK committed on Facebook-owned apps – The Guardian

Posted May 29th, 2020 in child abuse, internet, news, sexual grooming, sexual offences, statistics by sally

‘More than half of online grooming offences recorded under a law that made it illegal to send sexual messages to children were committed on Facebook-owned apps, figures reveal.’

Full Story

The Guardian, 29th May 2020

Source: www.theguardian.com

Lewes sex abuser Jonathan Smith’s victim feels hope after his jailing – BBC News

‘A woman who was systematically abused as a child by a world-renowned music director has gone from “despair to hope” after seeing him finally jailed.’

Full Story

BBC News, 22nd May 2020

Source: www.bbc.co.uk

Judge names council after deciding knowledge of its social services failures in care case outweighed risk of jigsaw identification of children – Local Government Lawyer

‘A judge has severely criticised the London Borough of Haringey’s child social services department, after deciding to name the council following an appeal by the Press Association over an earlier anonymity order.’

Full Story

Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Rotherham child sex abuse inquiry ‘to continue for years’ – BBC News

Posted May 21st, 2020 in child abuse, inquiries, news, sexual offences, victims by sally

‘A major inquiry into historic child sex abuse in Rotherham is set to continue for up to seven years with around 600 victims still to be spoken to.’

Full Story

BBC News, 20th May 2020

Source: www.bbc.co.uk

ABE 2016/19 has gone AWOL – Counsel

‘Shortcomings and legal anachronisms: how can we achieve best evidence if current guidance is dangerously out of date on the law on special measures? asks Laura Hoyano.’

Full Story

Counsel, May 2020

Source: www.counselmagazine.co.uk

Inconsistent sentencing of Defendants in cases where sexual activity against children does not actually take place – Park Square Barristers

‘This comment focuses upon two recent Court of Appeal judgments:

R v Privett [2020] EWCA Crim 557 (“Privett”); and R v Manning [2020] EWCA Crim 592 (“Manning”).’

Full Story

Park Square Barristers, 12th May 2020

Source: www.parksquarebarristers.co.uk

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

Full Story

Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Sentencing Sexual Cases with a Fake Victim – Broadway House Chambers

‘There has been something of an explosion in the number of sexual offences cases coming to the Crown Court where there is no actual victim. Offenders are caught by so-called paedophile hunters or police officers going online and posing as children.’

Full Story

Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

Courts should consider coronavirus emergency when sentencing, rules Court of Appeal – UK Human Rights Blog

‘On 30 April 2019, giving the lead judgment in the Court of Appeal, the Lord Chief Justice considered that the impact of a custodial sentence is likely to be heavier during the coronavirus pandemic than it would otherwise be, and that this was a factor that judges and magistrates can and should keep in mind when sentencing.’

Full Story

UK Human Rights Blog, 12th May 2020

Source: ukhumanrightsblog.com

Is the law of vicarious liability still ‘on the move’? Barclays Bank plc v Various Claimants [2020] UKSC 13 – 3PB

Posted May 12th, 2020 in assault, doctors, news, sexual offences, vicarious liability by sally

‘The 126 claimants in this case were all employees of Barclays Bank who, at the start of their employment between the late 1960s and early 1980s, were required to undergo a medical examination. Examinations were carried out by Dr Bates (now deceased), a general practitioner who was not an employee of the Bank but engaged as an independent contractor to provide this service, and did so at his home. The Claimants alleged that they were sexually assaulted by Dr Bates while undergoing this examination and brought a group action against the Bank for compensation. A preliminary issue was whether Barclays could be vicariously liable for his actions.’

Full Story

3PB, May 2020

Source: www.3pb.co.uk

Limitation in historic sex abuse claims: recent decisions on the exercise of section 33 of the Limitation Act 1980 – 12 King’s Bench Walk

Posted May 11th, 2020 in chambers articles, delay, limitations, news, sexual offences by sally

‘A series of judgments have already been handed down this year that deal with limitation in historic sex abuse cases. Each addresses whether it is equitable to allow the claim to proceed by disapplying the long-expired limitation period, by exercising the discretion under section 33 of the Limitation Act 1980.’

Full Story

12 King's Bench Walk, 1st May 2020

Source: www.12kbw.co.uk

Guy Delph: ‘Manipulative’ child rapist jailed for life – BBC News

‘A “manipulative” child rapist who shared his abuse images with his uncle has been given a life sentence.’

Full Story

BBC News, 7th May 2020

Source: www.bbc.co.uk

R (Simon Halabi) v The Crown Court at Southwark and others – Blackstone Chambers

‘The Divisional Court has handed down judgment in an important case concerning whether the regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.’

Full Story

Blackstone Chambers, 1st May 2020

Source: www.blackstonechambers.com

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

Full Story

Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk