Case of Marla Marks
Dorset, England
Son made allegations that his mother began interfering with him when he was five years old and that she had full sexual intercourse with him when he was 13. He further claims that his father, knew what was going on but did nothing to prevent it. The developed bulimia, the binge eating disorder.
Having left home at 15, he got back in touch with his parents after he married and became a father.
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Table of Contents:
Table of Contents:
- Abuse claim in will fight (07/13/2001)
- 'Abuse' challenge to mother's will rejected (07/20/2001)
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Abuse claim in will fightBy Leon Symons
Jewish Chronical - July 13, 2001
THE CASE of a man who believes he is entitled to a share of his late mother's £240,000 estate, claiming she sexually abused him, was being heard behind closed doors at the High Court this week.
(Name Removed) Marks, from Poole, in Dorset, says his mother, Marla, left him nothing when she died two years ago.
Mr Marks, an only child, wanted the case heard in open court, but Mr Justice Etherton ruled that it should be conducted in private. However, the court agreed that material in the public domain before the decision could be published.
Mr Marks, now 48, alleges that his mother began interfering with him when he was five years old and that she had full sexual intercourse with him when he was 13. He further claims that his father, Harold, who died in 1995, knew what was going on but did nothing to prevent it.
Mr Marks developed bulimia, the binge eating disorder, his weight soaring to more than 23 stone.
Having left home at 15, he got back in touch with his parents after he married and became a father.
His mother — who, he says, had spells in psychiatric hospital suffering from severe anxiety neurosis, phobias and depression — asked Mr Marks to help sort out his father's affairs after he died, paying him £1,000.
But he claims that in 1996, she made sexually suggestive remarks to him which exacerbated his bulimia.
It is alleged that his mother had already made a will leaving everything to her grandson.
However, Mr Marks claims that after he rebuffed her, she made another will dividing her estate bet-ween her two sisters, Lilian Halton and Helen Shafier.
On Monday, Roger Bartlett, acting for the sisters, asked for the case to be heard in private, telling Mr Justice Etherton that it involved intimate personal and financial details. Mr Bartlett also contended that Mrs Marks was not there to defend her reputation against "allegations of the most serious kind."
Describing the case as "perhaps unique," Daniel Lightman, for Mr Marks, said his client would be "very upset" if the hearing were conducted in private. But the judge disagreed.
Jewish Chronical - July 13, 2001
THE CASE of a man who believes he is entitled to a share of his late mother's £240,000 estate, claiming she sexually abused him, was being heard behind closed doors at the High Court this week.
(Name Removed) Marks, from Poole, in Dorset, says his mother, Marla, left him nothing when she died two years ago.
Mr Marks, an only child, wanted the case heard in open court, but Mr Justice Etherton ruled that it should be conducted in private. However, the court agreed that material in the public domain before the decision could be published.
Mr Marks, now 48, alleges that his mother began interfering with him when he was five years old and that she had full sexual intercourse with him when he was 13. He further claims that his father, Harold, who died in 1995, knew what was going on but did nothing to prevent it.
Mr Marks developed bulimia, the binge eating disorder, his weight soaring to more than 23 stone.
Having left home at 15, he got back in touch with his parents after he married and became a father.
His mother — who, he says, had spells in psychiatric hospital suffering from severe anxiety neurosis, phobias and depression — asked Mr Marks to help sort out his father's affairs after he died, paying him £1,000.
But he claims that in 1996, she made sexually suggestive remarks to him which exacerbated his bulimia.
It is alleged that his mother had already made a will leaving everything to her grandson.
However, Mr Marks claims that after he rebuffed her, she made another will dividing her estate bet-ween her two sisters, Lilian Halton and Helen Shafier.
On Monday, Roger Bartlett, acting for the sisters, asked for the case to be heard in private, telling Mr Justice Etherton that it involved intimate personal and financial details. Mr Bartlett also contended that Mrs Marks was not there to defend her reputation against "allegations of the most serious kind."
Describing the case as "perhaps unique," Daniel Lightman, for Mr Marks, said his client would be "very upset" if the hearing were conducted in private. But the judge disagreed.
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'Abuse' challenge to mother's will rejectedBy Leon Symons
Jewish Chronical - July 20, 2001
A DORSET man who tried to claim a share of his late mother's £220,000 estate, alleging that she sexually abused him, has lost his action.
Mr Justice Etherton ruled that, although the abuse may have occurred, (NAME REMOVED) Marks had not provided the required level of proof to satisfy the court that his claims were true.
He also criticised Mr Marks for disobeying his instructions. Directed not to speak to anyone about the case during his two-day cross-examination, Mr Marks had apparently made contact with a witness.
The judge pointed out that as the claimant had written to his mother, Marla, in 1996 effectively disowning her, the case was principally one of estrangement.
"Mr Marks had failed to show that he was entitled to financial provision from his mother's estate. Though it is difficult not to feel sympathy for him, he is an adult who has been married and run his own business."
In what was believed to be a unique case, Mr Marks, 48, from Poole, contested his mother's will, which left the estate to her sisters, Lilian Halton and Helen Shafier.
He alleged his mother had sexually abused him from the age of five, having full sexual intercourse with him when he was 13.
He said his late father, Harold — who was impotent and disfigured through illness — had known what was going on, but did nothing to prevent it.
His mother had written one will leaving everything to his son, while Mr Marks was an undischarged bankrupt. But after his 1996 letter to her, she changed the will in favour of her sisters. Currently unemployed, Mr Marks was granted legal aid to pursue the action.
Following the verdict, the sisters' solicitor, Michael Sheville, said: "The family is naturally pleased and relieved by the decision that has been made and that the reputations of the late Marla and Harold Marks have been cleared."
Mr Marks commented: "There are no winners in a case like this. I now intend to move forward in my life and will not appeal against this decision."
The judge had decreed at the outset that evidence should be heard in private because of the sensitive nature of the allegations, but delivered his verdict in open court.
He also ruled that the estimated £35,000 costs of the sisters and the will's executors should be met from the estate.
Jewish Chronical - July 20, 2001
A DORSET man who tried to claim a share of his late mother's £220,000 estate, alleging that she sexually abused him, has lost his action.
Mr Justice Etherton ruled that, although the abuse may have occurred, (NAME REMOVED) Marks had not provided the required level of proof to satisfy the court that his claims were true.
He also criticised Mr Marks for disobeying his instructions. Directed not to speak to anyone about the case during his two-day cross-examination, Mr Marks had apparently made contact with a witness.
The judge pointed out that as the claimant had written to his mother, Marla, in 1996 effectively disowning her, the case was principally one of estrangement.
"Mr Marks had failed to show that he was entitled to financial provision from his mother's estate. Though it is difficult not to feel sympathy for him, he is an adult who has been married and run his own business."
In what was believed to be a unique case, Mr Marks, 48, from Poole, contested his mother's will, which left the estate to her sisters, Lilian Halton and Helen Shafier.
He alleged his mother had sexually abused him from the age of five, having full sexual intercourse with him when he was 13.
He said his late father, Harold — who was impotent and disfigured through illness — had known what was going on, but did nothing to prevent it.
His mother had written one will leaving everything to his son, while Mr Marks was an undischarged bankrupt. But after his 1996 letter to her, she changed the will in favour of her sisters. Currently unemployed, Mr Marks was granted legal aid to pursue the action.
Following the verdict, the sisters' solicitor, Michael Sheville, said: "The family is naturally pleased and relieved by the decision that has been made and that the reputations of the late Marla and Harold Marks have been cleared."
Mr Marks commented: "There are no winners in a case like this. I now intend to move forward in my life and will not appeal against this decision."
The judge had decreed at the outset that evidence should be heard in private because of the sensitive nature of the allegations, but delivered his verdict in open court.
He also ruled that the estimated £35,000 costs of the sisters and the will's executors should be met from the estate.
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Some of the information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. I am making such material available in my efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.
I believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
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