need help and advice please

[Rights Fighter]

Unfortunately inequality of arms it is not always a ground to appeal - regardless of the right to a fair trial.

I've tried that one a few times, where the Crown had a barrister of decades standing (call) and defence had counsel of under five.

One case that springs to mind had no experience whatsoever of defending contested sex cases but had a good track record of defending those who pleaded guilty!!!

The judicial system is not set up to allow 100% fair trials for those falsely accused of sexual abuse as they are more interested in increasing rape convictions. The removal of a requirement for corroboration is one case in point. Bringing in previous "bad character" is another where somebody has been falsely accused before and convicted and others who know about that have jumped on the "compensation" bandwagon.

[mouse]

Unfortunately inequality of arms it is not always a ground to appeal - regardless of the right to a fair trial.

I've tried that one a few times, where the Crown had a barrister of decades standing (call) and defence had counsel of under five.

One case that springs to mind had no experience whatsoever of defending contested sex cases but had a good track record of defending those who pleaded guilty!!!

The judicial system is not set up to allow 100% fair trials for those falsely accused of sexual abuse as they are more interested in increasing rape convictions. The removal of a requirement for corroboration is one case in point. Bringing in previous "bad character" is another where somebody has been falsely accused before and convicted and others who know about that have jumped on the "compensation" bandwagon.

sad but true, but have to grasp at everything. I have used many times when applications have been turned down and think it has helped, although I always lost in the end....technicalities and legalese I think are the terms used to beat me!

You did ask me before if I had sought legal help over harassment.....One solicitor told me that it would cost me at least £70.000 to take case against police if I could find anyone willing to stand up to them.

[Rights Fighter]

You did ask me before if I had sought legal help over harassment.....One solicitor told me that it would cost me at least £70.000 to take case against police if I could find anyone willing to stand up to them.

Depends on your financial circs. I know sols who will take on such a case on public funding if you are eligible.

[mouse]

I would certainly like to know of one

Depends on your financial circs. I know sols who will take on such a case on public funding if you are eligible.

I have no funds, thats why I am able to keep fighting them, if I had any money then the Courts would have swallowed it up long ago. My impression is that most solicitors will not even look at a case against police cos they know that invariably they are on a loser...recent innaction over police brutality and abuse even when on CCTV is evidence of that.

[Rights Fighter]

There are a few sols that will take action against the police and do so using public funding. I've sent you a PM.

Time I went to bed methinks.........................hic.............. ....

[needhelp]

well hello all again soz for not replying as of late but i been having a hard time doing any thing these past few weeks :-(

any way i was up at court on monday gone and my trail date is set for the 4th of next month.

i,ve been giving a new judge and new CPS barrister as the last one sadley past away ( i know a bit weird of me saying its sad he past away but i feel sorry for his family) and after all he was just doing his job.

with that in mind this new one seems to be almost the same in the fact he is a TWAT..but i guess every one would call the CPS barr a twat lol

right one of the things that i still CANT NOT get my head around and for the life of me dont under stand is about the hymen on the said vic's..i have spent hours and hours and days looking for info about the time it would take for it to grow back and as of yet no 100% anwser as to witch. i thing i have found and i know rightsfighter has already said this is that if its broke then the cps will use that in court saying that i broke it yet becasue its not broke then this means nothing as it could have grown back!

how can it be a 1 side thing? how is able to be used if its broke and not if it is not?
most of the things i found on the net says it never grows back but only heals in a sence to its former self I.E they can see the old hymen behide or in front of the tissu thats grown back in its place. yet i still have not found 1 sit or 1 bit of info saying it grow's back in 3 and a half days to full hymen status and nor have i found the words of a broke hymen saying (doubled and thickened ) as this was said on the med records of the said vic's.

i know i,am flogging a dead horse on this but i just dont under stand why it cant be used to prove they are making up this story!

also another thing i was alittle upset with was that the new judge said that one of the said witness's (i.e some one the vic was ment to have told about it after it happened) booked a hol just before the trail starts and knew she had to come to court yet the judge said no ya dont need her , but my barrister started over and over and over again that she needs to be there as she shows that the girl is talking bollox.

so i,ve no lost yet another thing that can prove i,am innocent.

[Rights Fighter]

Not sure about this growing back of the hymen business. It heals itself usually leaving scarring.

What the Crown expert would usually say is that if there is no scarring or injury and that the hymen is intact then that is a "neutral finding" and neither confirms nor denies rape.

If what this witness has to say is pivotal to the defence case and the trial continues without her, if the jury come to a finding of guilt then there should be a ground with which to appeal,if that evidence is proof of lies on the part of the complainant.

Obviously you don't want the jury to come to a finding of guilt that is a given. Your barrister could try an abuse of process argument along the lines that it would be unfair to try you without that evidence - only IF it is pivotal.

[Constant]

I'm a bit late to the party - but I think you want more support from your legal team buddy

[LS]

..... and for them to seek advice from someone on the Register of Experts.

At the end of the day it can be a little academic, because some juries seem unable to grasp just how importance the state of the hymen is to such an accusation.

I'm not trying to pour water on your fire, just that you want to comprehend how a case can go ahead while ignoring such crucial facts. The fact is, they do.

In my own case I was accused of similar, also with a 14 yo girl. I was accused of underage intercourse. A week before the trial, barrister and I go thru the papers. There's madam's medical examination, showing she's a virgin. Now, I thought that's crucial evidence, case has to be dropped.

Oh no, says barrister. A girl who hasn't reached puberty will have a rubbery hymen and could be penetrated without any damage. That said, a 14 yo teenager could look like they have reached puberty - grown breasts, got pubic hair etc - but not passed out the other side.

In other words, a teenager could still have sex, could not have evidence which could show she didn't, and as I found out idea that a teenager being shown to have a hymen and thus not have had sex wasn't worth the paper it was printed on.

Your legal team should not pin all their hopes on the virginity aspect because, as happened to me, when I went into court the judge added an "and/or" charge of Attempted intercourse.
And it's impossible to prove you haven't Attempted something.

[worriedfather]

would this help

My daughter told me about the medical information service, they give out information relating to medical issues and have gone to court to clarify issues in court case. I gather that each health authority has one, hope this helps good luck, we are in court in next couple of months..
One question if someone appeals against their conviction do they automatically get released on bail or is it just police officers ?

[Rights Fighter]

Back to topic:

i know i,am flogging a dead horse on this but i just dont under stand why it cant be used to prove they are making up this story!

also another thing i was alittle upset with was that the new judge said that one of the said witness's (i.e some one the vic was ment to have told about it after it happened) booked a hol just before the trail starts and knew she had to come to court yet the judge said no ya dont need her , but my barrister started over and over and over again that she needs to be there as she shows that the girl is talking bollox.

so i,ve no lost yet another thing that can prove i,am innocent.

Your defence team should have instructed a medical expert of their own to debunk the Crown expert's theory, or at least to cast doubt over it. Once the evidence starts coming through you will be able to see exactly what is being done on your behalf

As I said in another post, if the witness you refer to could give evidence that is central to the allegations and the judge continues with the trial without her then there may well be a ground with which to appeal, should you be found guilty. Obviously, we would hope that does not happen.

Keep coming back for support and we will be here for you.

[Rights Fighter]

One question if someone appeals against their conviction do they automatically get released on bail or is it just police officers ?

I thought I had answered this already but it seems not! As far as I know an appellant is only released on bail pending appeal if the appeal is going to work. I've not heard of appellants being being released on bail pending appeal when the outcome is not decided.

[worriedfather]

Hi Rights fighter, the reason i was asking was that a wiltshire plod was jailed for six months for assaulting a woman in a police station, this was captured on cctv. he was released on bail a week after being jailed after his appeal had been filed. He is still working for plod although he is suspended. It all seems a bit dodgy as they have cctv of him assaulting the person, perhaps the cps made a "mistake" that will get him off.....

[Rights Fighter]

Some police officers are a law unto themselves unless of course they are falsely accused of a sexual crime then they are made examples of.

There is a bit of an uproar about that copper. I'd love to know what his grounds for appeal are, how he managed to secure a five day hearing at Crown court instead of having to go to London like the rest of us mere mortals, and by-pass the "leave to appeal" process. Maybe his trial judge issued a certificate of appeal which does that although it should still take a few months, not weeks, as we are led to believe.

Possibly it's a technicality - that allows many guilty people to walk free from their disgusting crimes.

[needhelp]

arhhh man its getting really really hard to keep going on sorry to sound like a moaner btw.

i just been chatting with my Sol on the phone and to be honest its coming across as if they have gave up

i dont know what to do any more i really dont!! i,ve gave them silly silly amounts of data showing the so called vic's are lying dirty little scum bags and my Sol said that this may be turned around via the cps, in the sence they can say " you knew she was a dirty little scum bag , thats why you did it becasue you thought she was up for it" i cant win its bloody hopless every time we look like there may be alittle hope it keeps being crushed.

i posted on my LOCKED Facebook the other day about going for a meal with my wife and then going to see a flick after...and the little scum bag posted on her's "Make the most of it hahaaaaaaa " and its not just me being silly btw but she posted it the secound i posted on my wall ...so i looked though my list to see and low and behold i found a fake account that her cuz set up as it was the cuz name changed around so i deleted it and blocked it.

but what was the point?

she can say what she likes about me and have dig after dig after dig and also spy on me (witch i still find weird a vic looking at the person thats ment to have done this to them ) and yet if i posted 1 thing about me being sick and wish she would tell the truth then i get locked up becasue its classed as leading witness or interfearing with witness's.

the thing i think thats getting to me more now is my barriester says i,am looking at 15 years if found guilty 15 bloody years for some thing i DID NOT DO!! ....i may as well go up and kill the little scum bag i'd get less time in jail

i know i know it would be silly to do so but what should i do? really i dont want to be yet another sad story of some one that spends the next 15 years in jail for some thing i have not done and then the truth comes out but nothing happens to her.

sorry for my rant i just really really needed to get stuff of my chest.