On trial next week for non recent sexual assault claim by ex gf

[robbyduffy]

I can't believe that I've only just noticed this forum. So many of the things here are what I've been trying to write to the papers about to try to bring the broken system to light but first more about my dilemma.

A girl with whom I was intimate before during and after we started an exclusive relationship filed a statement in Jun 2018 staying that I groped her in public in Dec 2017. I gave a counter statement in Sep 2018. They tried to caution me so I pushed back. Wimbledon Magistrates asked me to go to a hearing. I then learn that this girl had decided to file the complaint 7 months after the fact because her fiance broke up with her! She wrote that I groped her arse for 5 seconds. I say I grazed her leg. No witnesses despite the fact that we were performing in a concert at the time so literally being watched by 80 people! I got a lawyer to ask CPS to reconsider. CPS didn't reply. I had to go plead not guilty. Trail is on 9th Jul. I make more than 30k so can't get legal aid. But I make less than 250k so can't afford any lawyer in general!

I wanted to speak to her but lawyers warn against it. I don't know that she appreciates how much trouble this frivolous complaint has given me. How much time wasted.

The police say that they are encouraged to escalate problems like these because of zeitgeist and changes in procedure.

The court and CPS don't respond to any of my emails asking for help or details. I didn't know that Crown court has a lower chance of finding people guilty. I posted in legalbeagle about all this but maybe here would have been better.

I now appreciate how honest men can be slowly bankrupted by false accusations and that money buys freedom. I started profiles on gofundme and crowdjustice but the whole thing is rather embarrassing and private. But why, when the crown is using law professionals to prosecute is a defendant not afforded law professionals in order to make his case. I work in data (and music). I'm no orator. I am not being afforded a fair trial.

I'm not asking for help. I'm just ranting. But if anyone has any insights then I'm all ears. Or if a barrister isn't busy next Tues morn....

[Peter1975]

Hello and welcome to the forum, although I'm sorry that you have cause to find us and I'm sorry too that you find us rather late in the day.

I'm rather puzzled that allegations of a bit of "groping" should progress to crown court, although you are correct that conviction rates are lower where a jury can decide rather than a magistrate. The downside is that judges have greater sentencing powers in CC.

I am concerned that you are not being represented, legal aid has been run down considerably in recent years and all firms prefer to represent clients privately from a financial point of view but you would have to earn considerably more than 30k to not be eligible for any legal aid at all - The threshold is 37,500 disposable income after living expenses, mortgage, loan repayments etc. There is an online calculator ( apologies here, I have lost all my bookmarks but google should find it )

As you are in the London area, the best person I can recommend you talk to is Harvey Fox, ( See my signature )

[Casehardened]

The implication in your post is that you are backed into a corner with regard to obtaining a solicitor and feel that you may have to represent yourself. This is not practical in sexual offence cases as it is not permissible for the defendant to cross-examine the complainant which would be a bit like fighting a boxing match with one hand tied behind your back!

https://www.cairn.info/revue-interna...-page-357.htm#

34. Complainants in proceedings for sexual offences.

No person charged with a sexual offence may in any criminal proceedings cross-examine in person a witness who is the complainant, either—
(a) in connection with that offence, or
(b) in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.

I suspect that what would happen if you turned up without legal representation is that the court would allocate you a duty barrister who may not then have the time to formulate a decent defence.

Please pay regard to Peter's advice as he has excellent and proven knowledge regarding choice of solicitors.

[robbyduffy]

Yes my previous lawyer who asked CPS to reconsider have been put down to do the cross examination.

Prosecution were hamming it so much at my hearing.
"It's a serious case. The claimant should not have to look at the defendant so we will need a screen. The defendant must not able to talk to the claimant."

[robbyduffy]

legal aid has been run down considerably in recent years and all firms prefer to represent clients privately from a financial point of view but you would have to earn considerably more than 30k to not be eligible for any legal aid at all - The threshold is 37,500 disposable income after living expenses, mortgage, loan repayments etc

All I can say is that the gov.uk calculator doesn't cover criminal defense. My solicitors did apply for me but it was rejected on money grounds, despite the fact that I hadn't worked for 6 weeks and had just 800£ in my account at the time. I've since started working again.

[Peter1975]

The criminal LA means test is here;

https://www.gov.uk/guidance/criminal...-means-testing

You should have filled out the hardship form ( CRM 16 as I recall )

If you have applied for legal aid and been refused, you will at least be entitled to some of your costs upon acquittal at legal aid rates,

I'm glad that you will have a barrister, I would imagine that the fact the allegations pre date a full blown relationship will be a factor as will the circumstances of the breakdown of your relationship which may explain a motive for her to come forward after all this time.

Keep your cool and remember that a jury find it easier to convict someone they don't like.

Good luck.

[robbyduffy]

faith unto the faithless

So it all came to a head yesterday morning, where in front of a court of 3 lady magistrates and a lady prosecutor I argued my case without representation. It is a year after my ex issued the original statement and 20 months after the alleged incident. All this after so many requests for reconsideration or indeed any communication from the CPS which went unheeded.

Before the trial:
I had been assigned a lawyer to turn up to carry out the cross examination of my ex because of Section 38 which states that in sex and kidnapping cases it is appropriate to forgo the right for the accused to confront their accuser directly. You can ask that this lawyer be someone specific if the lawyer agrees to help. I asked for ABV solicitors to be assigned because they have been following my case and doing some correspondence for me.

I drafted a statement which I would be required to read/reference when taking the stand.

The investigating police officer did not turn up. This was somewhat annoying because the lack of effort/gravitas given to the situation which was a reflection of the Police's take on the severity of the incident and the impact on the victim, ie. very low.

During the Trial:
The prosecution describe the case as 'serious' and say that their witness will state the truth of the matter which immediately made my skin crawl. They call to the stand my ex. They had made a big fuss about having a screen in place so that line of sight with me was not possible. But my ex declined to have the screen which probably working in my favour.

No surprises in her account, it was very similar to her statement. When asked why she decided to report me she said that she 'knew what I did was sexual assault' and that 'I had no respect for her' and 'must be stopped from touching anyone without consent again'.

But she was mistaken about dates and when my section 38 lawyer questioned her he cornered and discredited her a little bit on this. He also highlighted some banter to show that we still talked about relationships and how we used to be together.

He drilled down on why she reported it so late when she had received what she called a satisfactory resolution at the time when it happened. She said that had been dumped by her fiance and had a sudden urge to hear an explanation/apology directly. She obviously didn't try very hard to talk to me. She spoke very well. I'm not saying she was rehearsed but she was calmly adamant that she was correct and would bat back any use of the word flirty or friendly and try to paint our relationship as purely professional. She chose to remain for the rest of the trial.

Then I took the stand and used my statement to give my version of our relationship and the incident and the fallout. My account of where and for how long I touched her differed greatly. She exaggerated to say I touched her buttock (impossible as we were performing side by side at the time) and I did it with fingers side to side and up and down for 5 secs (impossible since she also says that she moved away instantly).

The prosecution then asked a few questions mainly drilling down onto wether there was any flirting on the day in question. I gave very short and honest answers. The magistrates asked the same question the police did: Why did you touch her. I said that it's hard to say because it was so long ago. But it was tomfoolery, horseplay/ excitement at it being soon xmas, or a playful acknowledgement of our situation or past together.

I then was given the floor to summarise and all the dozens of monologues I'd written in the 6 months leading to this moment suddenly seemed so irrelevant. They were ranty and retaliatory so I stashed them and I just stuck to the notes re evidence I'd made during the trial and focussed on:

How my ex had gone back on her satisfactory resolution because of her unfortunate emotional situation. She'd blocked me from communicating so I couldn't reach her before her report and could have been seen as attempts to pervert the courts of justice after her report.

How her motivation was very spiteful wanting to 'teach me a lesson' and having no idea what the repercussions of my being on a register would be as I work with children and my business and family are in USA. I said that it doesn't matter what her, my or anyone's definition of sexual assault is. It only matters how we interpret the law. The prosecution hasn't even proven that there was touching let alone that it was sexual or not reasonable for me to believe it was consented. I gave 2 the possible definitions of sexual touching: where and why. The leg doesn't count but the buttock does. Doing it for a joke doesn't count but doing it for sexual gratification or with the intent to escalate does.

There was no investigation done and some very sloppy interviewing and slow procedure from the police.

After the trial:
The magistrates return to the courtroom in 15 minutes and say that there are parts of our arguments that agree: That there was touching and that there was no consent.
At this point I was cringing because I thought that they too had misstated the law (was it reasonable at the time for me to believe that there was consent). They agreed that the main sticking point was the differing accounts in the touching with no other witnesses and deemed the touching was not sexual and I was therefore not guilty. The court goes quiet at that point and my ex was escorted away before I got to walk out. It's hard to know what to say but "thank you, your worships".

All the time I did not make eye contact with her. I was busily jotting ideas in a notepad looking thoughtful. I could tell that she was craning her neck to see me whenever I spoke. We briefly made eye contact outside as she left and saw me being interviewed by a filmmaker who had been following my case for the last 24h. Huw Crowley has posted in this forum looking for contributors to his projects. His film will likely air on BBC3 late this year. He may well also start a podcast to interview people too.

The narrative of this doc is partly about the failure of the system to provide support for the accused. It's still absolutely shocking that people are made to pay for help to defend themselves when they are accused. Also it covers how the law will entertain the slightest complaint from a jilted ex lover. A true sledgehammer vs walnut situation considering the number of acquittals. There is always a net negative impact on pursuing these cases. Also how there is a huge risk for the falsely accused that there is defamation and it causes relationship, psychological and career damage to them during and after the trial. God knows I've suffered. It's not my ex's fault but I can't help but feel resentment towards her for instigating this snowball.

Thoughts:
If you're dealing with something like this, definitely have a look at daftmoo forums for people accused of assault/rape. One of my girlfriends, who blogs about how she herself was nearly raped by men in the Caribbean, forwarded me here. I am part of the non mono community and anyone in this community will tell you how handling consent is of utmost importance when you are playing with dozens of adults at a party that you've possibly never said a word to before. In fact I've been with another girl who has been assaulted multiple times including being gangraped whilst drugged. The fact that women share these stories with me and feel comfortable being intimate with me is a testament to my understanding and maturity I think. I did not mention these things about myself in court however! obviously

I'd totally recommend asking for Claire Anderson at ABV. She deals with many of these cases and has a great record. She has a very calming effect and is the best value for a lawyer that you can find. She will also be contributing towards the documentary. She's a true front line soldier in this war. Tell her I sent you!

I really want change along the topics of Huw's documentary. I believe in the law system because it's very scientific and humanist. It's self correcting. But it's just slow to do so and when incompetent people handle cases then the results can be...unpredictable. It's not fair that money buys freedom and I hurt for everyone who is disadvantaged, oppressed in this manner. The world isn't fair. My maximum sentence would have been a week's salary and SOR which can be seen as relatively light. However I've already paid more than this in lost sleep, broken relationships and my being let go from my last job.

[Pond31]

congrats on you winning your case. I cannot understand how cases like this reach the court when it is a he said she said scenario. What a waste of court time and public money. Anyway look after yourself over the next while and I hope you can find some calm.

Pond31

[Peter1975]

Congratulations and thanks for sharing your great news

Apologies for misunderstanding that your case was indeed at the magistrates ( where legal aid is practically non existent ) thankfully, they must have seen how ridiculous your case was.

From your detailed account, it appears you did brilliantly. Well done.

Thanks also for recommending your solicitor; if you could take the time to add them to our recommended solicitors thread it would be much appreciated.

I wish you every success in the future.

[Casehardened]

My apologies, I did read your account of your trial earlier today with such interest (I also overlooked that it was going to be at the Mags!) that I forgot about the obligatory bananas for a NG verdict, so here they are......