PR v JS (Re-opening of fact finding: allegations of sexual abuse)

PR v JS (Re-opening of fact finding: allegations of sexual abuse)

The court found that there was no reliable or credible evidence that the father sexually abused the child. The redness and soreness observed were more likely explained by non-abusive causes, and the mother’s conduct, including leading questions and entrenched belief, contaminated the child’s evidence. The allegations were not proved on the balance of probabilities.

Parties
Applicant (father): PR; First Respondent (mother): JS; Second Respondent (child): TER (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
15 November 2019
Procedural Posture
Family (children) / Fact Finding Rehearing After Appeal and Remittal
Outcome
All allegations of sexual abuse against the father dismissed; findings for the father.
Legal Topics
Allegations of Sexual Abuse, Fact Finding Hearings, Child Contact Arrangements, Credibility Assessment, Contamination of Evidence, Burden and Standard of Proof
Family Law Child Protection Allegations of Sexual Abuse Fact Finding Hearings Child Contact Arrangements Credibility Assessment Contamination of Evidence Burden and Standard of Proof

Case Brief

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Parties

PR

Applicant (father)

JS

First Respondent (mother)

TER (by her Children’s Guardian)

Second Respondent (child)

Procedural Posture

Family (children) / Fact Finding Rehearing After Appeal and Remittal

Legal Issues

  1. 1 Whether the father sexually abused the child (T) as alleged by the mother
  2. 2 Whether the mother’s conduct contaminated the child’s evidence
  3. 3 Whether the father’s actions in washing the child were sexually motivated or inappropriate

Ratio Decidendi

The court found that there was no reliable or credible evidence that the father sexually abused the child. The redness and soreness observed were more likely explained by non-abusive causes, and the mother’s conduct, including leading questions and entrenched belief, contaminated the child’s evidence. The allegations were not proved on the balance of probabilities.

Court Disposition

All allegations of sexual abuse against the father dismissed; findings for the father.

Orders

  • No change to the child’s current care arrangements with the mother.
  • Any re-establishment of the father’s relationship with the child to be guided by expert input; further directions to be considered at the next hearing.