Historical rape allegation and old random videos as evidence

[fighter]

We found old random videos of the "family" (accuser and the accused) when the accuser was about the age she claimed she was raped. We gave it to our solicitor an edited compiled one and the solicitor said, let us see if the court will allow it. I wonder why wouldn't the court allow it? It was like any family video taken of the family in the house and some of their trips. But it certainly shows how the kids (accuser and sister) was not scared of the accused and were very happy and active kids. When I saw the videos it produced a lump in my throat as I saw how my partner has spent time with these kids and give them a happy childhood. He is even more interactive with the kids than the mom. Even my own father did not spend time with us; playing with us or showing us places. It broke my heart seeing those videos, I think I understood how my partner felt when they betrayed him. Should I remind the solicitor/barrister that this video should be shown in court?

[Saffron]

Hi Fighter
It (the video) might be admissible as defence evidence, and it could be very compelling evidence too.
Unfortunately the prosecution could claim that the accuser was behaving like that because she didn't understand the "magnitude of what was happening to her", or that she was so "shocked" at his "assaults" that she was in denial. She could claim that she was "pretending" to behave normally and that this added to her "trauma".
Additionally the prosecution could claim that she was so terrified of him that she forced herself to behave as though she adored him.

I'm sorry, I know this is not what you want to hear.

[fighter]

Thanks Saffron. I didn't see it that way. But it is good to know so I am prepared if the solicitor/barrister said no. All I saw was a happy kid in the video and not a kid scared of men; as it wasn't only my partner in the video but some other men in the community, neighbors and relatives. There was one time the uncle pulled her playfully by the collar of the jacket to say something to her and the girl didn't flinch and was just laughing and kiss the uncle-- it was new year. We were hoping it would negate her statement she is scared of men. But you are right it can be used in other way!

[Saffron]

Sorry Fighter. I didn't mean to p1ss on your fireworks. Just think it is best to be prepared.
))))))HUGS((((((

[fighter]

no worries saffron, as you said better be prepared. I am not leaving any stones unturned.. so no ifs also afterwards. :-)

[Saffron]

It's definitely worth giving it to your barrister/sol though. As I said, it could be very compelling evidence - just a little kid playing with her Dad after all!
Just be prepared for the knock-back....if it comes. I hope to God that the video will be deemed admissible.

[fighter]

the solicitor has seen some parts of it and he commented, the video does provide a different picture of my partner compared to what the statements of the accuser and two immediate family member had made him to be. So we will see how it goes. I am preparing a document of instruction/reminders this week for the solicitor. So I am going through everything with help from the forum :-)

I hope to God also that it will be useful! :-) Thanks Saffron.

[Casehardened]

Hello fighter,

Your partner is very lucky to have you on his side and I bet many folks would like to ditch their solicitors and get you to do their spadework for their barristers

[fighter]

Casehardened, I feel like I want to be a solicitor now :-) so I can gather more evidence. But we do have a good solicitor; just not a specialist though, the witnesses he had seen to on our behalf even like him.

If I win the lottery, I will make a career change, train to be a solicitor and specialize in criminal law. I should have listened to my dad and studied law!

[RFLH]

you can always make a start doing it through the OU - I tried the first year they started it, but the workload then was horrendous, I think they have altered it now.

[fighter]

RFLH,
ah that is something to think about! :-) somehow doable but 5 to 6 years! whew! I'll be old by then.. when would I have a baby? hehe :-)

[RFLH]

old? Old?? I'm old, mind you I didn't finish it, but they have made it more manageable. Its interesting once it gets through the history of law making! I had a smashing tutor, but I fear I must have given her a feeling of dread when my name appeared in her inbox!

[fighter]

But how many modules do you have to take per semester? one or two? But you are right.. it is never too late to start on anything :-)

[RFLH]

when I tried to do it 3/4 years ago there were 3 reader books and 7 modules - some bigger than others. I'm sure it said it would take 15 hours a week - it was taking me that 4/5 days a week, but then I am knocking on a bit! I got too stressed but I have heard that its not as bad as it was, I did it the first year it came out and there were lots of complaints about it been too hard.

Have a look on the OU site, it gives a detailed account of it there.

[fighter]

woohooo indeed quite a lot :-) okay will check the OU website :-) thanks again.