ABC against DEF (Sheriff Court Civil) [2025] SCLIV 87 (12 August 2025)
On the balance of probabilities, the pursuer sexually assaulted the child on two occasions, as supported by credible and reliable evidence from the defender and her witnesses, and the defender did not fabricate the allegations.
- Citation
- [2025] SCLIV 87
- Parties
- Pursuer: ABC; Defender: DEF
- Jurisdiction
- Scotland
- Judgment Date
- 12 August 2025
- Procedural Posture
- Family Action (child Contact) / Post Preliminary Proof, Judgment on Sexual Abuse Allegations
- Outcome
- Action dismissed
- Legal Topics
- Child Contact, Sexual Abuse Allegations, Standard of Proof in Civil Cases, Credibility and Reliability of Witnesses
Case Brief
Summary, issues, holding and outcome
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Parties
ABC
Pursuer
DEF
Defender
Procedural Posture
Family Action (child Contact) / Post Preliminary Proof, Judgment on Sexual Abuse Allegations
Legal Issues
- 1 Whether the pursuer sexually assaulted the child in August 2020 and March 2021
- 2 Whether the defender fabricated allegations to end the relationship
- 3 Whether the child's reluctance to attend contact was due to abuse or manipulation
Ratio Decidendi
On the balance of probabilities, the pursuer sexually assaulted the child on two occasions, as supported by credible and reliable evidence from the defender and her witnesses, and the defender did not fabricate the allegations.
Court Disposition
Action dismissed
Orders
- Case dismissed following joint minute after preliminary proof; no further contact ordered; case to call on procedure roll vacated.
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