falsely accused of sexual assualt

[lisa]

i am looking for some advice or guidance. My partner and I are good, moral, hardworking people but my partner has been found guilty of sexual assualt (in scotland) as he was accused of 'groping' a girl on a rare night out in a club at Christmas time. He did not do it. But because of her performance in court and the fact she is a law student she knew exactly what to say. My partner was not allowed to say anything apart from that he was pleading not guilty. He was found guilty as it was said that they could find no reason why the girl would make it up. But my partner isnt denying that someone did it - it just wasnt him.

We are appealing but do not have 100 % faith in our solicitor as we do not think he fought at all for my partner to be acquitted. There were only 3 witnesses i) girl - who could not identify his face but said it was a jumper similar to the one he was wearing (a common v-neck) but she said it was purple - his was blue ii) independant witness - who couldnt identify his face but again similar jumper and iii) girls boyfriend - who saw nothing, but girl told him about it afterwards and he identified that my partners jumper did belong to the person being questioned by police after the incident (obviously as it WAS my partner who was charged)
So where was the evidence?
We are at a total loss as to what to do, he has been placed on the sex offenders register so we are being interrogated by social services (we have 2 young children) and he has been suspended from work as a fitness instructor pending investigation, even though they beleive 100% that there is no way he would do it and are writing character references for him as are a couple of his clients.
We were both too stressed to finish our uni exams, he now may not have a job or even career ahead of him - our whole lives have been ruined, even our children are suffering as social services want to visit them, and we have no idea who to turn to for help as we went along with what was advised by our solicitor and he was still found guilty.

[Saffron]

Hi Lisa

I'm sorry you find yourself here. Is your partner serving a jail sentence? If so, let me know as I can offer you some advice on how to make it as bearable as possible for both you and him.

It's crazy that even the "victim" couldn't positively ID the person who groped him, but she was obviously very convincing. Did she cry? Ours did - buckets - and it obviously swayed the jury.

Unfortunately Scottish law is different to English law, so I am not best placed to advise you on the legal aspects. I am very good at support and sympathy though!

Best

Saffron

[lisa]

hi there saffron

yes she cried and cried, used all the correct legal terms- saying that she is possibly convinced it was him? and it was only the sheriff court in scotland so it was just the 'sheriff' she had to convince!

No he is getting sentenced on 8th june after all background reports / risk assessments are done, then we have to appeal (i think)

I just cant beleive we're in this mess, we dont even have any income now to survive!

[Saffron]

I am very surprised that Social Services are involved, as this is not a case against a minor or a case of force. My god, people have pinched my bum in the past, but I never considered that I had been sexually assaulted.

You say that he has been put on the SOR - when did this happen: before or after the verdict? Usually having to sign the SOR is part of the sentence and is therefore handed out at sentencing, not before. It's also ridiculous that your partner was not allowed to speak in his own defence. It could be (I am not an expert) that there was an abuse of process there. He should at the least have been allowed to respond to the statements made against him.

I am also surprised that your children are under investigation. My husband was convicted of indecent assault of a more serious nature, and our son was never investigated. Was the "victim" a minor?

I would recommend that you take some serious legal advice. You are not automatically allowed to appeal. As far as I know, there has to be proof of an abuse of process, or new evidence (something that was not available at the time of the original trial). Choose a sol that is experienced in these matters.

Good luck, let us know how you get on.

[RFLH]

If she was a minor - why was she in a club?

Have you claimed benefits? You should be able to claim those. It's not pleasant going to ask - but if you do you are entitled to ask for a private room to discuss things, rather than have to sit in the open.

I am also very sorry that you're here and as Saffron said, we can offer limited advice as to Scottish law, but lots of support.

[goldfish]

Hi Lisa

Thought I might manage to offer you some support as I'm in Scotland too. My husband has been on bail now for over 7 months after being falsely accused and charged with rape ( I still find this whole thing difficult to believe let alone write) We are still waiting to find out if this goes to court or not, like you our lives are in just a mess with not knowing what is going to happen. I am still learning about the Scottish legal system as it's all new to us but I would look for a new solicitor with experience of cases like this and expert knowledge of the appeal system in Scotland.

[Saffron]

Thanks Goldfish, it's great to see members supporting each other!

[lisa]

hi goldfish, yes it is a complete nightmare - absolutly awful and we were stupid enough deep down to think that justice would prevail!

No the girl wasn't a minor but apparently because it is a 'sexual assault' and he is now on the sex offenders register that they need to see that the children are ok - hysterical actually they will put us through total hell , including our children as they have obviously picked up on little things (eg their dad crying, emotions running high etc) and then afterwards care how the children are! And what the hell has the incident got to do with our children anyway? But apparently its 'protocol' - I detest that word now!

I am also confused why he has been placed on the SOR before he has been sentenced, he is also considered high risk until his sentencing hence why he has been suspended from work! We have also since been told that he was under no obligation to tell his boss until he had been sentenced - yet the police entered his work to check that he had told them and to advise them to suspend him !!?? Is this legal ?

It is all just so infuriating!

[LS]

As far as I'm aware, the only reason for police or SS to inform of a conviction is if it is in the "interest" of the safety of children, which is why they'll march in and tell any new girfriend of his past ("just in case"). How that is justified when your bf works as a fitness instructor. Unless he does so in a children's home, then I would say they were being overzealous.
Because this country and its system is so corrupt, there is precious little you can do about it. You can write to the Chief-overpaid-for-doing-bugger-all but in all honesty the most you can expect from any of these arseholes is a passing-the-buck letter, and that's if you even get a response.
The IPCC isn't worth the phone call or letter, I found. All police stick together like **** to a blanket, and the IPCC are no more independent than any of them.
Sadly, the poke in the eye for them would be if your bf's work carried on employing him. He's hardly a serial, not even a guilty one. If they believe in him enough to write him a character reference, surely they may also take him back on?
As for the SS involved for the children, his offence wasn't against a minor, so a lot to be said for telling them where to get off.
You and others may do different, but I really have no time for these overbearing SS idiots and dishonest coppers. Fortunately, I'm also peed off enough now to tell them to F off without a second thought.
Going on the SOR goes from the conviction, but the duration is dependant on the length of sentence. 0-6 months is 5yrs SOR, 6mths-30mths is 10yrs, 30mths+ is lifelong. He's probably gone on it because the sentence would be over 6 months, I guess.

[goldfish]

I work in the childcare sector here in Scotland and know about child protection issues so can understand the reasoning behind the social services getting involved even though no minors were involved in your partners' case. It does seem an awfull intrusion into your lives for the kind of offence that your partner has been charged with. I can only suggest that you continue to show them that your children are fine.
This is something I hadn't thought about regarding my own children as I havn't heard anything from the social services but then my husband hasn't got to trial yet.

[LS]

The danger here is that the SS will revert to the behaviour of their namesakes. All well and good to suggest she tries to convince the SS that the children are safe and well, but what will happen is that the SS will say that, by staying with him she is putting the children "at risk" ie, he's such a danger.
And the threat of removal will start if she doesn't drop him like a hot brick.
I've seen this happen so many times, even when it's not warranted, and it makes my blood boil. Especially as his offence doesn't involve children. Bet they don't get involved because daddy's a drug dealer or a violent thug. These are the kind of influences who, in my opinion, place their children at far bigger risk than this lady's partner.

[lisa]

the fact of the matter is I shouldn't have to prove to anyone that my children are safe - it is sickening! We had a visit from the police officer today who have said that we shouldnt worry about ss as they are confident that they will take one look at us all and realise that the kids are aboslutly fine, but they are under obligation to to get into contact with any parents of children he is in contact with (i.e neices, son's friends etc) didnt realise this was necessary ?

Also he has been told not to get too involved with son's nursery or anything to do with other children! even although the crime has nothing to do with children!?

They also said that he will never be able to work with children and he may also be on the sor longer because he has not admitted to the crime and the appeal to overturn the conviction could take years!

can anyone clarify this?

[LS]

Hi
Okay, firstly he isn't being accused of an offence against a child, so I would question this line of advice. It's all well and good for the police to say you needn't worry about the ss, but think back a couple of days, to that family in Spain. They were told about the ss, and they did a runner, so my guess is all scumbags in uniform will tell you not to worry. If they didn't, they need not expect to find you "in" again.

As for having to tell his nieces and nephews, they would get told a firm F Off, as it's not a child offence, and nothing to do with them. And I would take it a lot higher. I've come close to physically evicting an Australian SS female because she thought she could lie and get away with insulting me.
Being unable to work with children; that is purely down to the SOR, which routinely bars. However, it's not in his interests as a convicted SO to want to work with children, if he's sensible. Although it's not applicable to your partner's case, let's just say he worked in a nursery, you could end up finding his mugshot in the sunday toilet paper. You can imagine the headline "Nonce works with kids". It's unfair, but then the sunday toilet papers don't understand the word "fair." It's all about selling more sheets.

The SOR goes on the length of sentence. Example, 0-6mths sentence=5yrs SOR, 6-30mths sentence=10yrs SOR, 30mths+= lifetime SOR.
So, on that basis let's say for example (as in my case) sentence is 4yrs, which means you'd be on SOR for life, as it's more than 30 months.. If you admit guilt, they give you a third off, so that means a sentence of 32 months. But that's still more than 30 months, so onto the SOR for life you go. So no real benefit.
Yes, he could be on SOR for longer than if he admitted any guilt (if applicable) but that doesn't necessarily mean it would be any longer than if he maintained his innocence.

Appeals to overturn a conviction generally have to be heard fairly soon - there is a time limit. An appeal has to be submitted within 28 days of the conviction.
Beyond that time, you need special permission to appeal out of time. The criteria for any appeal is either fresh evidence, ie evidence which was not available at the time of the trial, or the alternative is to try to appeal along the lines of the trial was inherently wrong.
However, it's been 4 years since I was convicted, and I have little or no way to appeal and unless the other party grows a conscience then I can't see that changing.

[lisa]

i totally understand that it wouldnt be in his best interests to work with children, but he has studied and worked bloomin well hard for near enough 6 years to build up his career and reputation to just give it up for something he didnt do ! His clientel are women and children if he cant work with them then he cant work at all! However saying that he has explained his situation to a number of his clients and the police have spoken to them and they still want to work with him so surely that must say something!

I am even more confused now about the sentencing powers as we were told today if he was given probation for 18 months then he would only be on the sex offenders register for 18 moths but because he is still contesting he may be given community service or prison sentence with 5 years on the SOR.
Well he cant say ok I did it and take probation and counselling - because he didnt do it and that would be lying ! so he either lies and is given a lighter sentence or maintain his innocence and possibly get a harsher sentence.

His lawyer has found grounds for a appeal but trying to get a hold of him is impossible as he is busy with his property law - would ideally look for another lawyer but aparently that isnt ideal either at this stage in the game !?

[LS]

If your partner's clientele are women and children, fine. If they are happy to use him then that's great, and what better statement of his integrity can you get? What I am unsure about is whether or not he can be barred from working with children if his offence is not relevant to them, which it isn't. I'l come back to that.

Regarding the SOR, I couldn't put money on this, but I am under the impression it goes on the sentence, and the length of it regardless of whether it is prison, probation or community charge. So in theory, 18 months probation would still mean 5 years SOR. If he was given 3 years probation or 3 years Community Service or 3 years prison I would take that to still mean 10 years SOR.
Telling the truth or lying is the dilemma I faced. I told the truth and stuck to my guns, and got 4 years for it and now on the SOR for life. But if I had chosen to lie in the hope of getting a lesser sentence, I'd have still got 32months plus SOR for life, plus I'd have found that hard to swallow. At least my conscience is clear, I've told the truth. Whatever the court chose to do with that truth is their problem, not mine.

Back to the women and children side, it is only the POCA/POVA list which bars him from working with children or vulnerable adults, and is separate from SOR. You may have read it being referred to as List 99 - the list of teachers banned from teaching. Basically it is an order which prevents you from working with Vulnerable Adults, or children. They could interpret Vulnerable Adults as women clients, but it actually refers to mentally impaired, elderly, etc.
Having said that, I got one a few months back, and it does actually state you can't actually be in a position of supervision (ie, employ anyone, or hold any position of trust) in case you should blackmail someone into doing something, with the threat of dismissal. I know, it's pathetic.
I would do a trawl of the google on this, as will I, along the lines of Protection of Vulnerable Adults Act (POVA) and Protection of Children Act (POCA) and see what legislation exists and where the boundaries are.

Also, you have every right to change your solicitor at any time. Even in court, as I came very close to. It's never too late, but you need to have one "on the ball." This is not a case to be taken at all lightly. There is a lot at stake on this case, and it won't be your solicitor doing time if he screws up.