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VIC Coerced into Making False Statements - What to Do?

Discussion in 'Criminal Law Forum' started by Nej, 28 June 2016.

  1. Nej

    Nej Member

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    I was recently coerced via threats of violence against myself and my children into allowing someone to voice record me make false statements of abusing my children. This man is a substance abuser and can be very dangerous.

    At the time, I was in fear for my life and thought only to escape the immediate threat. I thought that if worse comes to worst and the false claims were ever investigated that, at least, there would be nothing to discover as my children (toddlers) are well loved and cared for.

    The person who did this made me consent to the recording. He then sexually assaulted me. There were other people present in the house who are too afraid to corroborate this and therefore, it seems that police can't press charges at this stage.

    No doubt I need legal advice but I am also making a formal statement to the police about the death threats / assault / sexual assault and concern about his threats to blackmail me with the voice recordings.

    Have you any general help?

    Many thanks.
     
  2. Louise4007

    Louise4007 Well-Known Member

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    Hi Nej

    In Victoria the sooner sexual assaults are reported to police via formal statement, the better in terms of evidence to substantiate a person's claim. This is especially so if the assault is reported within 3 days of it occurring as any evidence will be strongest at this stage (ie medical evidence etc). There is, however, no actual time limit as several cases of sexual assault are reported & followed up years later.

    The coercion & threats you speak of, together with the allegation of sexual assault, would be assessed by the court if the matter proceeds that far, that is, if you wish to pursue any case you may have in that direction.

    Any witnesses/persons present at the time of the alleged assault may be subpoenaed (legally obliged) to attend court to testify/provide their account of events/evidence that allegedly occurred before a judge makes any final determination.
     
  3. Nej

    Nej Member

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    Thanks for responding Louise. I understand how the processes would unfold if the person were to be charged, as I've spoken with police. What I'm unsure of is if his recordings, made through coercion, would have any legal validity. Thanks
     
  4. Louise4007

    Louise4007 Well-Known Member

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    Very generally only, if the statements re abuse of your children are to be, or have been investigated & you are alleging you were coerced into making them, the onus of proof would be on you. This would be separate to the sexual assault charge if you proceeded.
     

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