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Husband of 22 years accused of rape

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  • #16
    We were told the same thing. The barristers will make legal argument about whether the case should be tried or not and judge will look at the crown's case and decide whether it is strong enough to continue. In our case, despite the only evidence being the accuser's word, the judge allowed the case to be tried.

    So to sum up, yes, there is a chance that the case will be thrown out. But it is only a slight chance, so you should be prepared for a full trial. Sorry to burst anyone's bubble.

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    • #17
      more bad news

      Hi
      I'm back again with more bad news - not only are the police only investigating one side but we have been told by the solicitor that they have missed vital forensic evidence which now there is no way to recover and the worst and I couldn't believe we live in the 21st century when I heard this but the police are pushing for some sort of order to be attached to my husband should he be found guilty which on being released from prison would not allow him to work mix with or go anywhere where he may come into contact with a female whilst by himself has anyone ever heard of this and can this be for real. My huband and I are living in an absolute nightmare which is going to continue for who knows how long. I've never been one for conspiracy theories but what else can this be? I think I may be fast losing my sanity!

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      • #18
        The only thing which comes anywhere close to what you describe is a SOPO, Sexual Offences Prevention Order. This is mainly used to bar people from doing things like using the internet or owning a computer; I've never heard of it used for something so draconian.
        The only other thing which is relevant is List99, or POCA/POVA (Protection of Children Act/Vulnerable Adults) both of these would see your partner unable to be a teacher, or to be an employer of any kind, as you can be such a danger as to use your employer status to blackmail people into things (apparently).
        Other than those two, I've never heard of a specific order to bar someone from being alone with any female, female children yes, female adults no.

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        • #19
          There is LS - they can stipulate an age of under 16 or 18.
          And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

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          • #20
            Do you mean over 18? As either under 16 or under 18 still doesn't mean an adult. I read the question as being they want to bar him from being alone with any female, even very very old.
            If it was children, then the POCA/POVA things are only to stop you working with them, etc etc. There;s nothing to stop you being alone with practically anyone. Depends how you define alone with; you could pass someone in the street and technically "be alone with" even though not having any contact whatsoever.

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            • #21
              no, under 18 - I'd get it clarified cos it sounds as if they've missed something out.
              And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

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              • #22
                RFLH I'm lost!!!!
                Wuthering Heights, the OP, hasn't stated anything about under 18. She said her partner was being threatened with some kind of order "barring him from contact with any other female." Implying he can't be alone with a female aged 30, for example.

                What I'm saying is the only thing which could be used is a SOPO, which is normally used to restrict pc access, or List 99 (POCA & POVA) which are specifically designed to prevent people working or volunteering with children (under 18) or vulnerable adults; ie disabled, elderly etc.

                Neither of these would apply, as they only bar from working or volunteering with; they don't restrict you from being in anyone's company. And they don't
                So if he wants to hang out with a 30year old woman, I don't think there's an order which restricts it. There is for children, and there is for vulnerable adults, but not for your average female.
                Last edited by LS; 18 April 2010, 09:15 PM.

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                • #23
                  .............we have been told by the solicitor that they have missed vital forensic evidence which now there is no way to recover
                  As I don't know anything about the case then this could be something and nothing - but I would suggest that an abuse of process argument could be considered here if the solicitor is serious about this.

                  If this is evidence that is central to the allegations then the barrister should be instructed immediately to prepare such an argument.

                  I have not followed this thread so please bear with me:

                  Has the accused been charged?

                  If he has been charged has he got an experienced defence team behind him?
                  People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                  PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                  • #24
                    More bad news

                    Solicitor was quite clear when he stated any female and told my husband we're not going to worry about that right now - he basically said that he thought my husband had no chance until he had began to read through evidence there are so many inconsistencies he said it puts an whole new light on the matter but not to be complacent (how any person can be complacent when their life has been taken from them is beyond me.) Not sure how much information to post I need answers but to scared to ask. Thank God for this site without it I really would have lost it by now thankyou everyone X

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                    • #25
                      Don't feel scared to ask anything. If you're concerned about putting anything up in public, you can always PM (Private Message) any of us mods, that's LS, Saffron, RFLH, or Friday and we can try to help.

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                      • #26
                        pre-trial

                        Hi everyone
                        just had a question wondered if anyone could shed any light on. My husbands pre-trial is now only 8 weeks away but he has still not had a meeting with his barrister and so far hasn't been told when this is likely to be is this usual? We are both now terrified and my husband is hanging on by the skin of his teeth we have so many questions to ask about the evidence and but his solicitor says it will all be sorted not too worry and the usual just don't become complacent. HELP!

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                        • #27
                          I've known some defendants only meet the barrister on the first day of trial but that is not the norm.

                          He is likely to have a meeting with him just prior to PCMH usually for about an hour.

                          You know you can ask these questions on the specialised forum of course as many wives and partners have been there already and can tell you from their own point of view.
                          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                          PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                          • #28
                            pre-trial

                            Thankyou Rights Fighter, is the specialised forum the other site that I have just joined?

                            Comment


                            • #29
                              In my case I met my Barrister a week before the trial. Which was disappointing, as it didn't give me enough time to seek a medical specialist to give evidence before the trial, and the judge only gave me the duration of the trial to find one. Needless to say, I couldn't.
                              Eight weeks to go is plenty of time to see your Barrister, so I wouldn't be duly concerned.

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                              • #30
                                Originally posted by wutheringheights View Post
                                Thankyou Rights Fighter, is the specialised forum the other site that I have just joined?

                                Yes it is. The support you receive on here is really good, of course, however the advice you would get on the other one comes from the wives and partners of those who have gone through it (and some guys who were eventually NFA'd or "no crimed" or kicked out at trial) so their advice is first hand.

                                Plus there might be somebody on there who lives not far from you who might be able to recommend sols etc that I do not know about.

                                And what is said on there cannot be Googled and/or viewed by the public.
                                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                                PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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