S (A Child), Re

S (A Child), Re

The trial judge's findings on the credibility and reliability of the child’s evidence, and the weight given to the pre-ABE interview, social worker, and paediatrician were within her evaluative judgment. No error of law or approach was demonstrated to justify overturning the finding of sexual assault.

Parties
Appellant: SS; First Respondent: SA; Respondent: FS; Respondent: S (A Child)
Jurisdiction
England and Wales
Judgment Date
24 October 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Sexual Assault Allegations, Residence Orders, Evidence Assessment, Child Witness Credibility
Family Law Child Protection Sexual Assault Allegations Residence Orders Evidence Assessment Child Witness Credibility

Case Brief

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Parties

SS

Appellant

SA

First Respondent

FS

Respondent

S (A Child)

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding that S's step father sexually assaulted her
  2. 2 Whether the judge failed to properly consider the influences on the child and the reliability of her evidence
  3. 3 Whether the judge wrongly relied on pre-ABE interview evidence

Ratio Decidendi

The trial judge's findings on the credibility and reliability of the child’s evidence, and the weight given to the pre-ABE interview, social worker, and paediatrician were within her evaluative judgment. No error of law or approach was demonstrated to justify overturning the finding of sexual assault.

Court Disposition

appeal dismissed