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.

Stereotypes

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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Just face it, being a parent will never be cool

Traditional parenting terms are being rejected in favour of trendier versions, but it doesn't change the grunt-like nature of the work.

My children call me various things. Mummy. Mum. Poo-Head. One thing they have never called me is mama. This is only to be expected, for I am not cool.

Last year Elisa Strauss reported on the rise of white, middle-class mothers in the US using the term “mama” as “an identity marker, a phrase of distinction, and a way to label the self and designate the group.” Mamas aren’t like mummies or mums (or indeed poo-heads). They’re hip. They’re modern. They’re out there “widen[ing] the horizons of ‘mother,’ without giving up on a mother identity altogether.” And now it’s the turn of the dads.

According to the Daily Beast, the hipster fathers of Brooklyn are asking their children to refer to them as papa. According to one of those interviewed, Justin Underwood, the word “dad” is simply too “bland and drab”:

“There’s no excitement to it, and I feel like the word papa nowadays has so many meanings. We live in an age when fathers are more in touch with their feminine sides and are all right with playing dress-up and putting on makeup with their daughters.”

Underwood describes “dad” as antiquated, whereas “papa” is an “open-minded, liberal term, like dad with a twist” (but evidently not a twist so far that one might consider putting on makeup with one’s sons).

Each to their own, I suppose. Personally I always associate the word “papa” with “Smurf” or “Lazarou.” It does not sound particularly hip to me. Similarly “mama” is a word I cannot hear without thinking of “Bohemian Rhapsody”, hence never without a follow-up “ooo-oo-oo-ooh!” Then again, as a mummy I probably have no idea what I am talking about. If other people think these words are trendy, no doubt they are.

Nonetheless, I am dubious about the potential of such words to transform parenting relationships and identities. In 1975’s Of Woman Born, Adrienne Rich describes how she used to look at her own mother and think “I too shall marry, have children – but not like her. I shall find a way of doing it all differently.” It is, I think, a common sentiment. Rejecting mummy or daddy as an identity, if not as an individual, can feel much the same as rejecting the politics that surrounds gender and parenting. The papas interviewed by The Daily Beast are self-styled feminists, whose hands-on parenting style they wish to differentiate from that of their own fathers. But does a change of title really do that? And even if it does, isn’t this a rather individualistic approach to social change?

There is a part of me that can’t help wondering whether the growing popularity of mama and papa amongst privileged social groups reflects a current preference for changing titles rather than social realities, especially as far as gendered labour is concerned. When I’m changing a nappy, it doesn’t matter at all whether I’m known as Mummy, Mama or God Almighty. I’m still up to my elbows in shit (yes, my baby son is that prolific).

The desire to be known as Papa or Mama lays bare the delusions of new parents. It doesn’t even matter if these titles are cool now. They won’t be soon enough because they’ll be associated with people who do parenting. Because like it or not, parenting is not an identity. It is not something you are, but a position you occupy and a job you do.

I once considered not being called mummy. My partner and I did, briefly, look at the “just get your children to call you by your actual name” approach. On paper it seemed to make sense. If to my sons I am Victoria rather than mummy, then surely they’ll see me as an individual, right? Ha. In practice it felt cold, as though I was trying to set some kind of arbitrary distance between us. And perhaps, as far as my sons are concerned, I shouldn’t be just another person. It is my fault they came into this vale of tears. I owe them, if not anyone else, some degree of non-personhood, a willingness to do things for them that I would not do for others. What I am to them – mummy, mum, mama, whatever one calls it – is not a thing that can be rebranded. It will never be cool because the grunt work of caring never is.

It is not that I do not think we need to change the way in which we parent, but this cannot be achieved by hipster trendsetting alone. Changing how we parent involves changing our most fundamental assumptions about what care work is and how we value the people who do it. And this is change that needs to include all people, even those who go by the old-fashioned titles of mum and dad.

Ultimately, any attempt to remarket parenting as a cool identity smacks of that desperate craving for reinvention that having children instils in a person. The moment you have children you have bumped yourself up the generational ladder. You are no longer the end of your family line. You are – god forbid – at risk of turning into your own parents, the ones who fuck you up, no matter what they do. But you, too, will fuck them up, regardless of whether you do it under the name of daddy, dad or papa. Accept it. Move on (also, you are mortal. Get over it).

Parenting will never be cool. Indeed, humanity will never be cool. We’re all going to get older, more decrepit, closer to death. This is true regardless of whether you do or don’t have kids – but if you do you will always have younger people on hand to remind you of this miserable fact.

Your children might, if you are lucky, grow to respect you, but as far as they are concerned you are the past.  No amount of rebranding is going to solve that. This doesn’t mean we can’t change the way we parent. But as with so much else where gender is concerned, it’s a matter for boring old deeds, not fashionable words.

 

 

 

Glosswitch is a feminist mother of three who works in publishing.