Sexual Abuse in UK Law
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Secretary of State for the Home Department v Rehman
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It would need more cogent evidence to satisfy one that the creature seen walking in Regent's Park was more likely than not to have been a lioness than to be satisfied to the same standard of probability that it was an Alsatian. In this basis, cogent evidence is generally required to satisfy a civil tribunal that a person has been fraudulent or behaved in some other reprehensible manner. But the question is always whether the tribunal thinks it more probable than not.
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R (McCann) v Manchester Crown Court
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However, I agree that, given the seriousness of matters involved, at least some reference to the heightened civil standard would usually be necessary: In re H (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563, 586D-H, per Lord Nicholls of Birkenhead. But in my view pragmatism dictates that the task of magistrates should be made more straightforward by ruling that they must in all cases under section 1 apply the criminal standard.
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R (C) v Middlesbrough Council; A v Hoare and other appeals
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If a complaint has been made and recorded, and more obviously still if the accused has been convicted of the abuse complained of, that will be one thing; if, however, a complaint comes out of the blue with no apparent support for it (other perhaps than that the alleged abuser has been accused or even convicted of similar abuse in the past), that would be quite another thing.
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B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening)
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There is only one rule of law, namely that the occurrence of the fact in issue must be proved to have been more probable than not. Common sense, not law, requires that in deciding this question, regard should be had, to whatever extent appropriate, to inherent probabilities. It would be absurd to suggest that the tribunal must in all cases assume that serious conduct is unlikely to have occurred. In many cases, the other evidence will show that it was all too likely.
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Gogay v Hertfordshire CC
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Did the authority's conduct in this case amount to a breach of this implied term? The conduct must be such as to destroy or seriously damage the relationship. The conduct in this case was not only to suspend the claimant, but to do so by means of a letter which stated that 'the issue to be investigated is an allegation of sexual abuse made by a young person in our care.' The question is therefore whether there was 'reasonable and proper cause' to do this.
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Re v (Sexual Abuse: Disclosure); Re L (Sexual Abuse: Disclosure)
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It must reflect a conscious decision that disclosure of information should be regarded as exceptional in cases of this nature.
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Re M and R (Child Abuse: Evidence)
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To our minds there can be only one answer to this question, namely the same answer as that given by the majority in Re H (supra). The Court must reach a conclusion based on facts, not on suspicion or mere doubts.
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Domestic Abuse Act 2021
... ... further provision about orders under section 91(14) of the Children Act 1989; to provide for an offence of threatening to disclose private sexual photographs and films with intent to cause distress; to provide for an offence of strangulation or suffocation; to make provision about circumstances ... ...
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Serious Crime Act 2015
... ... Act 2009, section 1 of the Children and Young Persons Act 1933, the Sexual Offences Act 2003, the Street Offences Act 1959, the Female Genital ... Domestic abuse ... Controlling or coercive behaviour in an intimate or family ... ...
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Modern Slavery Act 2015
... ... (3) Sexual exploitationSomething is done to or in respect of the person—(a) which ... Supplementary ... 11A: Enforcement by Gangmasters and Labour Abuse Authority ... (1) The Secretary of State may make arrangements with the ... ...
- Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015
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Victim-blaming and image-based sexual abuse
Image-based sexual abuse (IBSA) is a growing, global problem. This article reports on a mixed-methods, multi-jurisdictional study of IBSA across the United Kingdom, Australia and Aotearoa/New Zeala...
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Victim-blaming and image-based sexual abuse
Image-based sexual abuse (IBSA) is a growing, global problem. This article reports on a mixed-methods, multi-jurisdictional study of IBSA across the United Kingdom, Australia and Aotearoa/New Zeala...
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Learning from Perpetrators of Child Sexual Abuse
In a recent research initiative by Northumbria Probation Service Sex Offenders Team and the Department of Adolescent Forensic Psychiatry, Newcastle Mental Health Trust, perpetrators of child sexual...
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Views of justice among survivors of historical child sexual abuse
Restorative justice for adults in New Zealand has made a cautious start, although crimes of gendered violence are typically excluded. The findings reported in this a...
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Apply for 'bolt-on' payments and advocate's bundle payments
Court Costs form EX80A to issue a legal aid assessment certificate.... ... or starvation) likely to endanger life ... h) sexual abuse ... Representation of a person who has difculty in ... giving ... ...
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Provide supplemental information when making or responding to allegations of harm and domestic violence
Standard directions forms under the Children Act.... ... be at risk of sufering domestic abuse, violence/abuse ... “Domestic violence/abuse” means any incident of ... sexual, fnancial or emotional) between adults who are or have been intimate ... ...
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Ask the court to make a non-molestation order or an occupation order
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).... ... physical and, in relation to a child, includes sexual abuse. The ... court will require evidence of any harm which you allege in ... ...
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Notice of application to consider the financial position of the respondent after divorce / dissolution
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... a letter from an independent sexual violence advisor confirming that they ... are providing support to a ... form of abuse which relates to financial matters ... Section 2b – Urgency ... The ... ...