Please urgent attention required as my life has turned into hell
Subham Banerjee
(Querist) 05 May 2012
This query is : Resolved
I am a 30yrs old doctor from Calcutta,who was practising near Middlesborough,UK during 2010-2011.During the last rotation of FY2 in GP practice ,there was an allegation of sexual assault made against me by a 22yrs old lady (newly pregnant)in June 2011.Since then I have returned to India ,after giving my statement to the police and Trust.Lately ,in Feb,2012 my MPS solicitors informed me that the police and CPS has decided to prosecute me on 2 charges-1.I touched the women's naked part of breast.2.She felt that my clothed manhood touched her arm;while examination. Unfortunately,no chaperone was present ,though I did offer one in the beginning.
They are pressing me to return to UK in that police station so that they can charge me.I am unwilling to go.
Of note I have got no letter or notice from the police other than the verbal/e-mail sent by my solicitorswhich contains no letter from the police.
My questions are-
1)Can't they legally sent me any court summon or notice to my India address from UK which they already have??
2)If I dont attend the court ,and also these insurance solicitors dont(on whom I dont have any faith),and there is a ex-party decision will it definitely go against me ;or the judge will atleast consider the casefiles and evidences before giving a verdict??
3)Will I be able to know about the verdict of the UK court from India??
4)If the verdict is extradition for trial ,will I get any information before getting arrested in India (to prepare my defence)?
5)What is the previous record of extradition from india to UK for such minor sexual offences in case of a doctor?
6)Can I get bail with this offence ,when the extradition proceedings happens in Indian court?
7)Can you comment on the implication of the whole issue on the Indian Medical Council,although I have erased my name from the General Medical Council by not paying their annual retention fee,so that there is no medical authority to inform the Indian Medical Council.
Advocate Rajkumarlaxman
(Expert) 05 May 2012
see u have to see the laws existing there for such offence and what are the consequences thereof for not contesting the case. anyways as audi altem partem rule is universal. you have always chance to put forth your case before the court there. the thing is that they cannot legaly sent you a notice directly. they have to send it through the indian Consulate [embassy] there and then to indian govt and then to you through the Govt machinery.
Advocate Rajkumarlaxman
(Expert) 05 May 2012
only allegations cannot make you crimnal. you have tobe convicted by the course of trial and he offence has to be proved. as you are Dr. you very well know whther the said act is offence there at Uk or not and whther your act can amount to offence punishable under the code there existing. please consult an indian lawyer /counsel practising at Uk. he will clearly guide you in t his regard.
Advocate Rajkumarlaxman
(Expert) 05 May 2012
Expert : Advocate Rajkumarlaxman
see u have to see the laws existing there for such offence and what are the consequences thereof for not contesting the case. anyways as audi altem partem rule is universal. you have always chance to put forth your case before the court there. the thing is that they cannot legaly sent you a notice directly. they have to send it through the indian Consulate [embassy] there and then to indian govt and then to you through the Govt machinery.
Advocate Rajkumarlaxman
(Expert) 05 May 2012
this query has been posted already. please whle posting try not to click more then once it gets double pasted on forumn.
Guest
(Expert) 05 May 2012
Depends upon the particular sections of particular act of the UK under which charged. Please check with you solicitors what are the sections of charge and under whcih act.
Advocate Rajkumarlaxman
(Expert) 05 May 2012
only allegations cannot make you crimnal. you have tobe convicted by the course of trial and he offence has to be proved. as you are Dr. you very well know whther the said act is offence there at Uk or not and whther your act can amount to offence punishable under the code there existing. please consult an indian lawyer /counsel practising at Uk. he will clearly guide you in t his regard.
Subham Banerjee
(Querist) 05 May 2012
It is coming under sexual offenders act 2003,sec3(which includes minor sexual offences).
Subham Banerjee
(Querist) 05 May 2012
and it is ofcourse an offence in UK ,about which they want to charge is sexual assault by touching.I have mentioned the section above ,but cannot afford to go and fight the case in UK,though I deny the allegations.I have mentioned above about the charges they want to bring.The exact point I wanted to know about my safety in India.
sibasish pattanayak
(Expert) 05 May 2012
Hi subham,
the case details as you mention here, some legal consequences in the UK is concern to be consult with the local PRACTICAL LAWYER, but in regards with the NOTICE /SUMMON/ INTIMATION is concern, the UK court has every access to issue / to serve /to inform you in india through Indian Authority,as one INTERNATIONAL TREATY is still in force in between INDIA and other 65 COUNTRIES under the agreement of M.L.A.T.
As a practical Lawyer in the criminal side i suggest you to conact with your lawyer in UK.
SEXUAL OFFENCE IN UK OR ANY OTHER COUNTRY IS AN OFFENCE MAY BE THAT IS MINOR /MAJOR .
REGARDS,
SIBASISH PATTANAYAK, ADVOCATE , KOLKATA.
09874854594 / 09477090999 /09231668664 /09433074402.
Subham Banerjee
(Querist) 05 May 2012
The offence is punishable by minor penalty to 10 years of imprisonment.
Sankaranarayanan
(Expert) 05 May 2012
IF they are not found your local where about address then they act through the consulate . Better to consult your solicitors and act accordingly. As hope it is not a simple section, severe so better to act fast
V R SHROFF
(Expert) 05 May 2012
u need advocate practicing in UK.
U being Dr. and she offered you to examine her physically, it will be taken into consideration.
Why afraid, if not guilty??
You put your case, that it was necessary to do so, and in the course of your duty to examine her body, it was essential.
Advocate M.Bhadra
(Expert) 05 May 2012
In a Criminal trial it will run according to U.K.Criminal laws under Sexual Offence Act 2003 and Charge-sheet filed by the police as very similar to Indian Criminal laws.You should close contact with U.K.lawyer of Indian origin,but any summon or order passed by the U.K. Court it is very difficult to execute in India.
SAINATH DEVALLA
(Expert) 05 May 2012
Dear Subham,
According "sexual offenders act 2003,sec3"UK,In deciding whether an activity is sexual, one has to first look at the nature of the activity. If the activity is by its nature sexual (e.g. sexual intercourse, masturbation) then it is sexual.
Where the nature of the activity may or may not be sexual, then one looks at the circumstances or purpose (or both) of the defendant in deciding whether it is sexual (e.g. R v Price, The Times 20 August 2003 - where stroking a woman's leg over trousers and below the knee was capable of amounting to an indecent assault).
Where the nature of the act cannot be sexual, it is not made sexual by a person having a secret fetish.
Section 79 defines terms for the purposes of the Act. These terms are:
Penetration is a continuing act from entry to withdrawal. Clarification that parts of the body include those surgically constructed (e.g. through gender re-assignment). Image means a moving or still image produced by any means. References to an image of a person include an imaginary person. Mental disorder has the same meaning as section 1 of the Mental Health Act 1983. References to observation are to observation whether direct or by looking at an image. Touching includes with any part of the body, with anything else or through anything and also includes penetration. Vagina includes vulva. Animal parts equivalent to vagina and anus. The offences in the Sexual Offences Act 2003 are crimes of basic intent.
One thing Mr.Subham is that,If you are 100% sure that you have not committed the offence,you have to contest your innocence to the allegation.Suddenly you may receive a communication from the Indian High Commission in London,to face the charges.So it is better you engage an efficient attorney of Indian Origin in UK,and fight your case.
Above I have just illustrated the contents of section.
SAINATH DEVALLA
(Expert) 05 May 2012
If you keep on avoiding the case you will only be aggravating the velocity of the punishment,if found guilty to the offence,and also a few more sections may also be added,to make it worse.I am not trying to create a sence of fear in you,but only giving you a clear picture.Act at the earliest.
Guest
(Expert) 05 May 2012
If you are innocent, instead of becoming a proclaimed offender, it is better to defend the case boldly, so that the court may not be able to presume you as the culprit by taking resort to ex-parte judgment.
Subham Banerjee
(Querist) 05 May 2012
Thank you Sir,for all the valuable opinions.
I want to bring it to your notice that the 2 charges that they want to bring against me are:-Under Sexual Offence Act 2003 UK,Sec 3:-1.I touched her naked part of breast.
2.My clothed penis touched her arm during examination.
Now,kindly note that this has become a very common allegation against brown doctors for compensation,and after studying several cases I am convinced that I would not get a fair trial on racial grounds.Even the Durham Police officers didnt hesitate to call me 'another mutton kebab',to which my white insurance solicitor was giggling and didnot note any offence.I am also not in a position to support private lawyers in a country like UK.So kindly advise whether I can live atleast peacefully in India and do good practice for our pupil.
Shonee Kapoor
(Expert) 06 May 2012
The query was posted few months back as well,
Avoiding the proceedings is not advisable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 May 2012
Legal process in UK is swift and quick and it is not minor case.
However since you are in India so it will be a long process to find you out since we have lot of liberties here.
So keep cool and keep a tab on progress of the case . If if look out warrant is issued by the court you will have to go, otherwise keep quite.
