Looking for advice

[Staysee]

I notice this forum is not exactly what I'm about to talk about but I've struggled to find somewhere too help.

In march/April 2014 my other halfs cousin accused him of sexual abuse which happened early 2000's. Then a second cousin came forward to back her up and said it happened to him aswell. Anyway fast forward to Dec 2016 and it goes to court.

The prosecution had already changed their statements 3/4 times between it coming out and going to court, even with a statement being changed ON THE DAY the court started. Anyway....they all contradicted eachother throughout the trial.....they said they'd never seen my other half since then....yet they had, pictures on fb, they were at my OH's sisters wedding and my OH's 9 year old daughter loves them all.....anyway. Their gran died and one said they never spoke to him at the funeral then another said they did.

One guy said he told his brother about the assault 2 years before the grans funeral, which was 2 years before it came out, then when they asked the brother he said he found out AFTER the grans funeral.

One main witness said that the one accusing him of it had told her about the assault at school, but when they asked my OH's cousin she said she told her friend at home.

Because of things they said their own dad's statement was thrown out of court due to all the innacurices that had happened. Anyway.....it came to a hung jury in the end.

The retrial starts tomorrow and I know the prosecution can make a stronger case, but surely the only way to make it stronger is by all their statements now matching, which surely would make them all unreliable in some way? Their credibility would be affected surely?

We've had an extra person come forward now to back up my OH, his girlfriend at the time who is shocked to hear it all as she met them all too and saw them as friends.

Um.....Just wondering what people think on it, could the prosecution be stronger without altering statements? I dunno.....im clutching at straws here, there's no evidence to say he did it, he's cooperated with everything they've asked of him. Some of the places things took place don't even exist, like the male cousin says he has a very clear memory of something happening in a field behind their grans house, he's adamant yet there has NEVER been a field there, ever....we even went back to the 50s and earlier and it's always been buildings of varying sorts. None of them could describe a house they spent alot of their childhood....one said it was large rooms but not many, another said it was a small house with lots of doors. None if it makes sense to us. I'm going mental here. Help!

[Peter1975]

Hello and welcome to the forum,

Your story is sadly all too familiar, changing statements and impossible events and credulous police and cps determined to prosecute.

It would seem to me that the case will stand or fall when the witnesses are cross examined on their previous inconsistencies, depending on how much of their previous evidence is allowed. Magically matching statements would now make for some interesting cross examination I would imagine.

Ultimately a case is down to who the jury believe is being the most honest and any doubts about the complainants accounts must go in the defendant's favour.

There is some advice on facing cross examination in the useful info section:

http://www.daftmoo.org.uk/mooforum/f...ul-Information

Good luck with it all, I hope that justice is done this week. Please come back and tell us the result.

[Rights Fighter]

Staysee

You are absolutely in the right place to post because your experience is about false allegations.

Hopefully defence side has managed to find more evidence. Have you been able to monitor the other side's social media? If relevant, Facebook and similar can be used in evidence.

[Staysee]

Staysee

You are absolutely in the right place to post because your experience is about false allegations.

Hopefully defence side has managed to find more evidence. Have you been able to monitor the other side's social media? If relevant, Facebook and similar can be used in evidence.

I've been through so much Facebook stuff that I feel an expert on how to search for anything now haha

His solicitor wants to see anything I've found, including during the trial last year when they all went out drinking and cinema and shopping and having fun. Whilst me, my other half and his family hardly slept or ate. The accuser also got pregnant around the same time too....she is due end of August which means she got pregnant early December, how can she relive abuse and yet go out, get drink and get pregnant, yes by her husband but still, me and my other half barely kissed let alone got physical.

We do have an extra statement which we didn't have last time from his ex who was with him at the time and we've been told that neither myself, his sister or family friend will be asked to give evidence, our statements will be read out but that's it. His mum will be called in because she can confirms dates, times, places, sleeping arrangements etc

[Staysee]

First day over, they brought in the two cousins for questioning. The make cousin said everything the same as last time whereas the female cousin changed little bits.....first trial she admits to speaking with my OH at their grans wake, today she said she never spoke to him at all.

One or two other little bits were different aswell but nothing massively different, will the barrister use even these smallest of things in his closing speech to show innacurices? Or would he of done that during questioning?

[Staysee]

Also, last year the court dates were 5th to the 7th/8th of December and during that time the accusers went out, posted it on facebook and today I look on their Facebook's and all those posts have gone, there is nothing on their Facebook's apart from something on the 3rd and then again on the 11th......interesting no?

[Franticwithworry]

I'm afraid I can't comment on what your Barrister will or will not use, but it seems to be par for the course that FA's post things up on Facebook, then have second thoughts and take them down. Do you have screenshots from before and a screenshot now to show that posts are missing?

[Staysee]

I'm afraid I can't comment on what your Barrister will or will not use, but it seems to be par for the course that FA's post things up on Facebook, then have second thoughts and take them down. Do you have screenshots from before and a screenshot now to show that posts are missing?

I do have screenshots from before and can show them now yee

[Franticwithworry]

I'm sure if the barrister can use them he will. Better to have information that he can't use than not have something that he could. :-)

[Staysee]

Just wonder why they'd delete them....apart from the fact it shows them all happy and drunk and shopping and having fun.....when they were meant to be stressed

[Franticwithworry]

They'd delete the posts to remove the evidence that they were not stressed. Saying that they were stressed when they were not is creating a false impression and the posts that show them having a good time demonstrates that lie.

[Peter1975]

First day over, they brought in the two cousins for questioning. The make cousin said everything the same as last time whereas the female cousin changed little bits.....first trial she admits to speaking with my OH at their grans wake, today she said she never spoke to him at all.

One or two other little bits were different aswell but nothing massively different, will the barrister use even these smallest of things in his closing speech to show innacurices? Or would he of done that during questioning?

I would have thought it is unlikely that the barrister will refer to any differences in his closing speech that were not brought up in cross examination of the complainant , however, it is still possible he will deal with that when questioning your OH. Make good use of the time with the barrister before and after each session, take notes with you in case you forget. Your Oh can make notes in the dock. You can't take notes without permission from the judge if you are in the public gallery.

Good luck for tomorrow.

[Staysee]

Got two witnesses for them tomorrow....the friend she told when she was a young teen and one brother, both last time said different things to the first two, so now if they change what they say to match then there's something going down, if not then surely again their evidence doesn't match, so how can it be used for them?

My OH's mum may be called up tomorrow aswell as she can confirm alot of things that the first two were hazy on....like a bedroom where something happened which was meant to be a big room, where my OH's mum says the placement of where she says it happens means it was the box room with just enough room for a single bed, let alone for someone to sit on the floor and do anything.

Only time will tell.....please all pray and think positive x

[Staysee]

Well we're home already. They questioned one brother (but not the same questions as last time) but I wonder if they jury have a transcript of the last time?

The other witness called in sick and because they couldn't be 100% sure if she'd be in today or not, they sent us all home.

So yeah, does anyone know if the jury have a transcript of last time to work with aswell? As something that wasn't asked this time proved last time that one person had lied about something so.....yeah, anyone know?

[Rights Fighter]

You need to address these questions to the solicitor or barrister. None of us know anything about your case so we cannot really offer any advice, only support.

Hold on in there