EP#216 | Can “I Thought They Were Older” Be a Defence?

Sponsored by EasyDNS. Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord In Episode 216 of Not On Record, Joseph Neuberger, Diana Davison, and Michael Bury examine sexual interference charges, child complainant evidence, and the complex issue of motive to fabricate. The discussion covers online dating, mistaken age, reasonable steps, historical allegations within families, delayed disclosure, and how courts assess credibility and reliability when the complainant is a child. They also break down why “no obvious motive to lie” is not the same as a proven absence of motive, and why defence lawyers must be extremely careful when dealing with timelines, family dynamics, and child witness cross-examination. Chapters / Timestamps 00:00 Online dating, age, and consent 03:22 What is sexual interference? 04:35 Consent is not a defence under 16 05:20 Why police lay both sexual assault and interference charges 06:33 Penalties and mandatory minimums 06:56 Mistake of age and reasonable steps 10:06 Historical family allegations 11:16 Motive to fabricate explained 14:16 Absence of motive vs proven absence of motive 18:52 Family consequences and credibility 21:24 Good relationships do not prove no motive 24:52 Can judges consider absence of motive? 28:44 “I was never alone with them” problems 30:29 Building a historical timeline 32:56 The “Lolita defence” does not work 33:28 Cross-examining child complainants 36:05 Credibility vs reliability in child testimony 37:00 Suggestibility and contaminated statements 39:27 Delayed disclosure and forensic interviews 40:23 Missing notes, schools, CAS, and police interviews Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter:   / notonrecord   Instagram:   / notonrecordpodcast   TikTok:   / notonrecordpodcast   Facebook:   / notonrecord   Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX... Apple Podcasts: https://podcasts.apple.com/us/podcast... SoundCloud:   / notonrecord   Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com #Podcast #law #MeToo