Why legal aid reforms must be stopped, Exhibit C: the "paedophile"

Innocent people could be in jail if proposed changes to the legal system are implemented. Here is one of them.

This post is one of a series that seeks to dispel the myth that everyone who ends up in court is a scumbag criminal. It is another example of how easy it is for good guys to end up in court. It is another case that illustrates why everyone should be entitled to independent, quality, legal representation and the chance to go to trial and clear their name.

At the moment your rights are under threat from proposals in the MOJ consultation paper Transforming legal aid.  I hope that reading this post will help you understand what these proposals will mean for our justice system.  I hope that once you understand you will want to sign the Save UK Justice petition to have these proposals debated in parliament.

NB: this is a true story. Certain details that don’t relate to the factual and legal process have been changed to protect those who were involved.

Warning: this is about a little boy who was sexually abused. It may be triggering. Please don’t read any further if you might be affected.

In the beginning

I first heard about Exhibit C over dinner. My husband was complaining about being on another child abuse case. He would love to be able to refuse work like this, but due to the Cab Rank rule he can’t.

From the initial papers it looked obvious that Exhibit C was guilty. This is often the case, that is the purpose of prosecution papers. Over the next few weeks more papers trickled in (the CPS rarely serve everything at once when they can string it out) and the evidence became compelling.

Exhibit C’s 6 year old son had told two of his friends that his daddy had done horrible things to him. The friends told their mums. The mums went round to the little boy’s house to tell his mother.  They repeated what their children had said to the mother and her new husband. The husband spent an hour or so talking to the little boy. The husband relayed what the little boy said to the police. The little boy (my husband would say “the complainant”) had been interviewed by the police and repeated the allegations. There were no inconsistencies.


As the trial date drew nearer my husband set up a meeting with Exhibit C. Often he has to go to prison to meet clients but as Exhibit C had never been in trouble in his life he was out on bail, even though he had been accused of horrible crimes against his own son.

Exhibit C was not who my husband was expecting. I know we are not supposed to stereotype, and paedophiles can be hiding in plain sight and look just like the rest of us. But when you have met as many sex offenders as my husband has, you know that they do tend to be of a certain “type”. Usually a combination of greasy, smelly, creepy, inadequate, waster.

Exhibit C came across as a stable, humorous, articulate grafter. He said he hadn’t done it and would plead not guilty. Clients often say they aren’t guilty. If they say they are not guilty that is the way that my husband will play it. He wasn’t there at the time of the alleged offence, so he doesn’t know if they are guilty or not.

Video nasties

A few of days before the trial was due to start the transcript of the little boy’s 2nd police interview arrived, along with the DVD recordings of the interviews. Another late night watching video nasties for my husband.

The CPS has guidelines for getting good quality evidence from interviews with children. Right at the start of the interview the supposedly specially trained police officer deviated from the established protocol. He denied the little boy the opportunity to give a “free narrative account” of what had happened. Instead he sought to confirm what his mother’s husband had said.

His day in court

The trial began. Three days into the case the little boy gave evidence via video link. As is customary, all the barristers and the judge removed their wigs and gowns. Next it was my husband’s turn to cross examine the little boy. This is a horrible job, one that preys on the lawyer’s mind for weeks before and after the event itself. It is very difficult to find a balance between protecting the interests of the client and being sympathetic to a small child in an alien situation.

During cross examination the little boy kept referring to his step father as “daddy”, then quickly correcting himself and using the step father’s first name. It became clear that there were two “daddies” in the little boy’s life. Both Exhibit C AND his stepfather were “daddy”. The little boy said that he really missed his daddy (that is, Exhibit C). They hadn’t been able to see each other for over a year. Despite all of the horrible things that his father had been accused of doing to him, this was the only time that the little boy cried.

The step father was next to give evidence. His behaviour was distinctly odd, overly dramatic and emotional. His own evidence in chief destroyed his credibility before cross examination started. Remember that he was not in court to hear the little boy’s evidence, so he had no idea that what he was saying appeared to be complete rubbish.

Court broke up for lunchtime. My husband marched out of the building saying to himself “he did it. That b$*&ard bloody well did it”.

After lunch my husband cross examined the step father. He was evasive. He contradicted what the little boy had said. He showed himself to be a wolf in sheep’s clothing.

The Perry Mason moment

You can probably guess what is coming now, it is this blog’s first screenplay:

Barrister: (standard court voice) You’re “daddy”, aren’t you?

Stepfather:  (defiant) No I’m not. I never have been.

Barrister:  He calls you daddy all the time.

Stepfather: (defiant) No. He doesn’t.

Barrister: You’ve coached him not to call you daddy for this court case.

Stepfather: (uncertain) No, I haven’t.

Barrister: When the mums came to the house and told you and your wife that the little boy said “daddy”, you had to come up with a story, didn’t you?

Stepfather: (quietly) No, I didn’t.

Barrister: You decided to save yourself by framing Exhibit C

Stepfather: No, I didn’t (begins to cry)

Barrister: (raised court voice) Yes you did, and you got the little boy to say it

Stepfather: (sobbing whispers) No, no, no

This was my husband’s one and only Perry Mason moment. The only time he has ever been able to point the finger at a witness in a case in court. Never before, never since. After my husband’s closing speech the police officer in charge admitted that it was pretty obvious now that everything had come out in the wash.

Exhibit C was found not guilty of all charges. As the court emptied the police and social services were already rallying their troops to arrest the stepfather and protect the little boy and his siblings from further harm.

Exhibit C had thought that he wouldn’t be able to see his children again, even after being acquitted. He was wrong, this story has a happy ending. The children are now living with him and recovering well. Even though my husband was reluctant to take this case in the beginning, by the time it was over he was very glad he had.

Why this story should matter to you

  1. Innocent until proven guilty – as we saw in Myth #2, not all defendants are scumbag criminals. Everyone deserves the right to a fair trial. The MOJ wants to deprive you of this right.
  2. Targets – if this case had happened under the MOJ proposals, Exhibit C’s inexperienced, target driven lawyer would have encouraged him to plead guilty.
  3. Child protection – if Exhibit C had gone straight to jail the little boy and his siblings would have been left in the clutches of an abuser, without the protection of their loving father.
  4. Finger pointing – even if you think you have no enemies you are still vulnerable. The MOJ proposals will be a finger pointer’s charter. It will be like going back to the Witch Trials. You’ll either be pressured into pleading guilty or, if you have got the money to pay for your defence, you will not get all your costs back even if you are innocent. You might clear your name only to face financial ruin.

Help save our justice system

As things stand the proposed changes to the criminal justice system are going to be brought in under secondary legislation, without any debate.

The Save UK Justice e-petition needs 100 000 people to sign it in order for there to be a debate in parliament. If you have not already signed the petition please do. If you have already signed it please talk to your friends and family and ask them to do the same.

Our final scumbag criminal will be Exhibit D – the “fraudster”.

This piece is part of a series of posts exhibiting people at risk due to legal aid changes. It is cross-posted with permission from the A Barrister's Wife blog.

The cover to Erle Stanley Gardner's autobiography.

Barrister's Wife is a barrister's wife. She writes a pseudonymous blog which offers a behind closed doors view of the justice system.

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This Ada Lovelace Day, let’s celebrate women in tech while confronting its sexist culture

In an industry where men hold most of the jobs and write most of the code, celebrating women's contributions on one day a year isn't enough. 

Ada Lovelace wrote the world’s first computer program. In the 1840s Charles Babbage, now known as the “father of the computer”, designed (though never built) the “Analytical Engine”, a machine which could accurately and reproducibly calculate the answers to maths problems. While translating an article by an Italian mathematician about the machine, Lovelace included a written algorithm for which would allow the engine to calculate a sequence of Bernoulli numbers.

Around 170 years later, Whitney Wolfe, one of the founders of dating app Tinder, was allegedly forced to resign from the company. According to a lawsuit she later filed against the app and its parent company, she had her co-founder title removed because, the male founders argued, it would look “slutty”, and because “Facebook and Snapchat don’t have girl founders. It just makes it look like Tinder was some accident". (They settled out of court.)

Today, 13 October, is Ada Lovelace day – an international celebration of inspirational women in science, technology, engineering and mathematics (STEM). It’s lucky we have this day of remembrance, because, as Wolfe’s story demonstrates, we also spend a lot of time forgetting and sidelining women in tech. In the wash of pale male founders of the tech giants that rule the industry,we don't often think about the women that shaped its foundations: Judith Estrin, one of the designers of TCP/IP, for example, or Radia Perlman, inventor of the spanning-tree protocol. Both inventions sound complicated, and they are – they’re some of the vital building blocks that allow the internet to function. 

And yet David Streitfield, a Pulitzer-prize winning journalist, someow felt it accurate to write in 2012: “Men invented the internet. And not just any men. Men with pocket protectors. Men who idolised Mr Spock and cried when Steve Jobs died.”

Perhaps we forget about tech's founding women because the needle has swung so far into the other direction. A huge proportion – perhaps even 90 per cent - of the world’s code is written by men. At Google, women fill 17 per cent of technical roles. At Facebook, 15 per cent. Over 90 per cent of the code respositories on Github, an online service used throughout the industry, are owned by men. Yet it's also hard to believe that this erasure of women's role in tech is completely accidental. As Elissa Shevinsky writes in the introduction to a collection of essays on gender in tech, Lean Out: “This myth of the nerdy male founder has been perpetuated by men who found this story favourable."

Does it matter? It’s hard to believe that it doesn’t. Our society is increasingly defined and delineated by code and the things it builds. Small slip-ups, like the lack of a period tracker on the original Apple Watch, or fitness trackers too big for some women’s wrists, gesture to the fact that these technologies are built by male-dominated teams, for a male audience.

In Lean Out, one essay written by a Twitter-based “start-up dinosaur” (don’t ask) explains how dangerous it is to allow one small segment of society to built the future for the rest of us:

If you let someone else build tomorrow, tomorrow will belong to someone else. They will build a better tomorrow for everyone like them… For tomorrow to be for everyone, everyone needs to be the one [sic] that build it.

So where did all the women go? How did we get from a rash of female inventors to a situation where the major female presence at an Apple iPhone launch is a model’s face projected onto a screen and photoshopped into a smile by a male demonstrator? 

Photo: Apple.

The toxic culture of many tech workplaces could be a cause or an effect of the lack of women in the industry, but it certainly can’t make make it easy to stay. Behaviours range from the ignorant - Martha Lane-Fox, founder of, often asked “what happens if you get pregnant?” at investors' meetings - to the much more sinister. An essay in Lean Out by Katy Levinson details her experiences of sexual harassment while working in tech: 

I have had interviewers attempt to solicit sexual favors from me mid-interview and discuss in significant detail precisely what they would like to do. All of these things have happened either in Silicon Valley working in tech, in an educational institution to get me there, or in a technical internship.

Others featured in the book joined in with the low-level sexism and racism  of their male colleagues in order to "fit in" and deflect negative attention. Erica Joy writes that while working in IT at the University of Alaska as the only woman (and only black person) on her team, she laughed at colleagues' "terribly racist and sexist jokes" and "co-opted their negative attitudes”. 

The casual culture and allegedly meritocratic hierarchies of tech companies may actually be encouraging this discriminatory atmosphere. HR and the strict reporting procedures of large corporates at least give those suffering from discrimination a place to go. A casual office environment can discourage reporting or calling out prejudiced humour or remarks. Brook Shelley, a woman who transitioned while working in tech, notes: "No one wants to be the office mother". So instead, you join in and hope for the best. 

And, of course, there's no reason why people working in tech would have fewer issues with discrimination than those in other industries. A childhood spent as a "nerd" can also spawn its own brand of misogyny - Katherine Cross writes in Lean Out that “to many of these men [working in these fields] is all too easy to subconciously confound women who say ‘this is sexist’ with the young girls who said… ‘You’re gross and a creep and I’ll never date you'". During GamerGate, Anita Sarkeesian was often called a "prom queen" by trolls. 

When I spoke to Alexa Clay, entrepreneur and co-author of the Misfit Economy, she confirmed that there's a strange, low-lurking sexism in the start-up economy: “They have all very open and free, but underneath it there's still something really patriarchal.” Start-ups, after all, are a culture which celebrates risk-taking, something which women are societally discouraged from doing. As Clay says, 

“Men are allowed to fail in tech. You have these young guys who these old guys adopt and mentor. If his app doesn’t work, the mentor just shrugs it off. I would not be able ot get away with that, and I think women and minorities aren't allowed to take the same amount of risks, particularly in these communities. If you fail, no one's saying that's fine.

The conclusion of Lean Out, and of women in tech I have spoken to, isn’t that more women, over time, will enter these industries and seamlessly integrate – it’s that tech culture needs to change, or its lack of diversity will become even more severe. Shevinsky writes:

The reason why we don't have more women in tech is not because of a lack of STEM education. It's because too many high profile and influential individuals and subcultures within the tech industry have ignored or outright mistreated women applicants and employees. To be succinct—the problem isn't women, it's tech culture.

Software engineer Kate Heddleston has a wonderful and chilling metaphor about the way we treat women in STEM. Women are, she writes, the “canary in the coal mine”. If one dies, surely you should take that as a sign that the mine is uninhabitable – that there’s something toxic in the air. “Instead, the industry is looking at the canary, wondering why it can’t breathe, saying ‘Lean in, canary, lean in!’. When one canary dies they get a new one because getting more canaries is how you fix the lack of canaries, right? Except the problem is that there isn't enough oxygen in the coal mine, not that there are too few canaries.” We need more women in STEM, and, I’d argue, in tech in particular, but we need to make sure the air is breatheable first. 

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.