B, C and D (Children) (Sexual Abuse and Selective Mute Complainant), Re

B, C and D (Children) (Sexual Abuse and Selective Mute Complainant), Re

The court found, on the balance of probabilities and considering all evidence holistically, that the Father sexually abused A as alleged, supported by A's consistent communications, forensic DNA evidence indicating sexual activity, the Father's conduct and internet searches, and the lack of credible innocent explanation for the DNA findings.

Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: B (By their Children’s Guardian); Fourth Respondent: C (By their Children’s Guardian); Fifth Respondent: D (By their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
20 January 2026
Procedural Posture
Care Proceedings (public Law) / Fact Finding Judgment
Outcome
Findings of fact made against the Father; allegations of sexual abuse proven.
Legal Topics
Sexual Abuse, Fact Finding, DNA Evidence, Vulnerable Witnesses, Selective Mutism, Evidence Assessment
Family Law Child Protection Sexual Abuse Fact Finding DNA Evidence Vulnerable Witnesses Selective Mutism Evidence Assessment

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

B (By their Children’s Guardian)

Third Respondent

C (By their Children’s Guardian)

Fourth Respondent

D (By their Children’s Guardian)

Fifth Respondent

Procedural Posture

Care Proceedings (public Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the Father sexually abused his daughter A
  2. 2 Reliability of A's evidence given her cognitive and communication difficulties
  3. 3 Weight to be attached to forensic DNA evidence

Ratio Decidendi

The court found, on the balance of probabilities and considering all evidence holistically, that the Father sexually abused A as alleged, supported by A's consistent communications, forensic DNA evidence indicating sexual activity, the Father's conduct and internet searches, and the lack of credible innocent explanation for the DNA findings.

Court Disposition

Findings of fact made against the Father; allegations of sexual abuse proven.

Orders

  • Order to record findings that the Father sexually abused A as pleaded in the threshold document.
  • Parties to draft an order reflecting the findings of fact.