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England and Wales High Court (Family Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> JEG v IS  EWHC 287 (Fam) (13 February 2014)
Cite as:  EWHC 287 (Fam)
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IN THE MATTER OF E J G-S (Born 06.02.04) (A Child)
AND IN THE MATTER OF THE SENIOR COURTS ACT 1981
Strand, London, WC2A 2LL
B e f o r e :
|- And -
David Marusza (Instructed by Brethertons) for the Respondent
Mark Jarman (Instructed by Cafcass Legal) for the 2nd Respondent
Hearing dates: 7th February 2014
Crown Copyright ©
The Hon. Mrs Justice Russell:
i) The first dates from 23rd August 2008. It is alleged that E was sensitive in her genital area and said that CC had hurt her there when she had washed her. The evidence for this is based on what E said to her mother; to the social worker who prepared the core assessment and to a teacher at school. Other than IS the court has not heard evidence from any other person to whom this was reported and has not heard from CC.
ii) The second allegation is that E disclosed she played "bed games" with her father. She is said to have told her grandmother, who then reported it to her mother. I have heard from LN the maternal grandmother who said that E placed her hands on her grandmother's chest, abdomen and genitals when she got in bed with her in the morning saying they should play a clock game.
iii) The third is that EG played a sexualized game with E in the bathroom called "Matchy Scratchy" whereby the father would light matches and drop them in the bath while she scratched his genitals. It is said by IS that E told her about this in February 2009. There is reference to this in the letter from Westminster dated 13th March 2009; E is reported as saying she played this game one time, her father lit a match in the bathroom and she tickled his bottom. She pulled his trousers down and she saw his bottom; they giggled and he left. IS questioned E about this and taped the conversations which she transcribed. She did not produce those transcriptions in evidence.
iv) The fourth: E told her mother that he "has big ears, he can hear me" and told her mother she was referring to her father, she told her mother if he heard he would put her in a big rubbish bin and take her away. There is no evidence in addition to that of IS.
v) The fifth: E told her mother that she would scratch her father's bottom whereupon he would run to the toilet as he needs a "wee". There is no evidence in addition to that of IS.
vi) E told her mother that EG gets into the bath with her sometimes with his pants on and sometimes not. There is no evidence in addition to that of IS, and on any view this could not on its own constitute an allegation of sexual abuse.
vii) The seventh allegation has two parts a) E told her maternal grandmother and then her mother on 12th January 2009 that EG licked her bottom and said "Yuck"; and b) that E told her mother and grandmother that EG put his tongue in her bottom and vagina. E is said to have made these allegations to her grandmother and then to her mother. She did not make them during two ABE interviews or to the social worker.
viii) E told her mother that she played a game called pants in which one person counts and another changes their pants. The evidence of IS in her undated statement for the 18th March 2009 hearing is that this is a game of a sexualised nature. There is no supporting evidence for this claim. At the time IS was pressing for an expert report.
ix) The final four allegations arise out of allegations which IS now says were made to her by E on holiday at a Black Sea resort in 2010. IS contacted the police in Britain by email in which she set out the details of what she alleges E told her. Some of the allegations were repeated by E to the psychologist at the OZON centre in 2011. That EG and other men took photos of E naked in the family garage.
x) The tenth: the EG beat E with a wooden stick on the bottom. Again to the psychologist at the OZON Centre. At the time this was alleged to have taken place (2009) E, when questioned by the social workers, said that her daddy never hurt her.
xi) The eleventh: That EG touched E on her bottom and genitals. Allegation made to the psychologist at the OZON Centre.
xii) The twelfth; that EG played sexualised games and/or behaved in a sexualised manner prior to 2009. EG argues in response that contemporaneous material contained in the reports of the local authority would belie this overarching allegation.
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