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New guidelines were brought in along with the SOA 2003, to give some consistency in judges sentencing, and these make alarming reading (all on the web, if you really do want to have a look, though most of the emphasis seems to be for offences against minors)
I do really appreciate your feelings at the moment but try to take a step backwards and put youself in the jury's shoes: An adult female returns wiilingly (as per CCTV footage) to a man's flat, and some sort of sexual activity takes place. The next day the female alleges rape & the male is arrested & dragged through the system. 'Unfortunately' rape cannot be proved as there is no forensic evidence that it took place, so the 'victim' and CPS allege sexual assault instead.
Get a good barrister on board & he would have the jury spitting blood at the 'victim', especially with all the false rape allegations that have recently made the news.
This is the senario the CPS will be considering when coming to a decision.
The DS on the case told me they don't usually go for lesser charges in these cases, or could he just be spinning me a yarn?
Do the CPS when they cant prove a certain offence took place usually look for something less serious?
That tends to happen at trial when the indictment is amended - often after the jury comes out with a question such as difference between rape and attempted rape, or IA and attempted rape.
When it comes to making a decision does anyone know whether most cases are NFA'd by the police or by the CPS.
Yesterday was one of the worst days I've felt. Not knowing what will happen is the worse, I've also been in touch with a different solicitors. A firm called Tuckers, incase I do get charged. Does anyone know how good they are???
I don't know the figures in relation to how many are NFA'd by the police as against CPS.
As yours is awaiting a decision from the CPS then in your case it will be the they who will either proceed or NFA.
Others have recommended Tuckers on here. I don't know which branch of Tuckers you have spoken to. My personal recommendation is Tim Brown from Warren Street, London, although another member here mentioned another person.
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