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Section 39 Assault.

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DONNAKEBABUK | 12:11 Tue 19th Feb 2008 | Criminal
3 Answers
I have recently been very wrongfully accused of a Section 39 Assualt on my now ex best friends son who is 11 and has ADHD. He is a violent boisterous boy who will do anything for attention. Notwithstanding this fact, I love him very dearly and have done a lot for he and his Mum over the years. He was recently excluded from school for the violent behaviour and bodily harm to 5 other pupils, ranging from a broken arm to a broken nose and he also assaulted a school teacher. At the time of his allegation, his mother was in the house, drunk and asleep. I was laid on the sofa, his mother had not given him his "calming down pills" and he wanted to play Jeronimo! This consisted of him running from the back of the sofa, jumping over the sofa onto me to see how many times it would take to get me off the sofa. Prior to this he had been running around the house, almost crazed, swinging off doors and banging his head all over. At one point when he was jumping over me off the sofa, he was landing on the floor, sometimes into the coffee talbe etc. I then suggested to the boy that we play a different game as he was a lot stronger than me. At this point and after he had been jumping over me and landing on the floor, he woke his mother and told her that I had hit him (I suspect to gain her attention and because I didnt want to play the game anymore). The boy is a known liar and will lie to get himself out of anything. I was arrested that night, had to spend a night in a police cell, missing my little girl like crazy and I was Part IV bailed. After the boy has given a statement, the CPS have decided to charge me with a Section 39 Assault which I intend to ferociously deny. Can you help with any advice and assistance.

Many thanks.

Katie. Lancashire.
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1) Get a solicitor if you haven't already. One will be free at the police station when you answer your bail.

2) Keep telling the truth

3) With your solicitor amass as much evidence as you can against the boy.

4) The truth will come out at court.

Also, avoid contact with the boy and his mother until this mess has cleared up.
Question Author
Thanks for your advice hun. I really truly appreciate it. I am out of my mind with worry. I am due to answer my Part 4 Bail today and the officer has told me that the CPS have decided to charge me with a 39 assualt. I have to say that the boy DID have a small graze on his face but I reckon this was due to him jumping around everywhere and hitting himself off wardrobes etc. I also went to the police station to have photos of all my sides, back and under rib cage photographed due to the bruising which I am not bothered about as he is a boisterous boy who I love dearly but clearly I think that was a wise idea to be consistent with him jumping all over me. I cry every day as I am grieving for the loss of them both as well as this.
Hi.
I can understand what you are going through. I have been arrested over an assult on a 3 year old boy. I'm due back at the police station on 3rd April and I cry everyday because I'm so scared they are going to take my daughter away from me.
Please can you keep me informed of what happens, so I know what I'm looking into.
I hope the truth comes out.
It really is a scary thing to go through.
We have lost the children into foster care due to the accusation. But the difference is, the little boy didn't accuse me. Social services did all of that.
I really hope it works out for you.
Stacey xx

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