Badly Need Expert Advice!!

[jonesaj2909]

Hi All i am new here and was adviced to come here from a friend who was looking up info for me, said you all do a great job by the looks of things and seem very helpfull in a situation where i feel i have no one to turn to, anyway:

I have recently been accused of rape and it has ruined my life more than anyone could imagine (unless you have been through the same then i feel for you), i have been charged with the offence and am currently going through crown court now. The defendent has no evidence what so ever and all is going in my favour including dna, thing im seeking advice on is a question my solicitors cant seem to answer but the answer will decide how long this nightmare goes on for, Can anyone tell me if it is possible to have sexual intercourse and not transfer any dna. If the answer is no once we get our medical report my solicitor seems to think the judge will throw it out of court before the end of the trial if it is possible it will be a case of my word against hers.

Many Thanks for your help in advance and thanks for taking the time to look at my post

[witsend]

Dear Jonesaj2909. Well you have come to the right place, sorry you have found yourself in this awful situation. There are many of us who have been through, or are going through the same as yourself so bear in mind you are not alone. I cannot answer your question as I have no legal knowledge but somebody else will be able to advise you. Keep your chin up and please let us know how you get on.

[Rights Fighter]

Unfortunately, and I do not wish to worry you, but if there is no DNA evidence, it is possible that the Crown will put in an application to the judge to have the alternative charge added to the indictment: that is "attempted rape" as an alternate to rape.

If the judge allows this amendment to the indictment then your defence barrister will need to put forward a forceful closing speech in relation to that.

It's a pity you didn't find your way here prior to trial.

Best of luck.

[LS]

Rights Fighter is right. They did that to me, arguing on if a penis has entered the labia then it constitutes "attempted" and "rape." Unfortunately, the fact that no penis entered any labia was lost on them.

I wish you luck defending this, it's not an easy one.

[Saffron]

Hi Jones and welcome. I'm sorry you find yourself here.

Is the allegation a historic one - ie, did the accuser wait days/weeks/month/years to report the rape? If so, then the fact that there is no DNA doen't make any difference at all.

If she reported "the rape" immediately, without having washed, then if intercourse had taken place there should have been some sort of DNA transfer...DNA is not just contained in semen or vaginal fluids, but in every cell of your body. It depends on the accuser's statement. If she is adamant that she has been raped; that you penetrated her fully without her consent, then it's possible the judge will not allow a move by the Crown to change the charge to "Attempted".

I'm surprised that you have been charged before the medical reports were returned. Have you got a court date yet?

Good luck.

[Rights Fighter]

If she is adamant that she has been raped; that you penetrated her fully without her consent, then it's possible the judge will not allow a move by the Crown to change the charge to "Attempted".

Good luck.

Unfortunately some judges would allow this alternate charge to be added to the indictment regardless. The Crown would say that she was so traumatised that she was "confused". This could however be a point with which to appeal the conviction depending on the circumstances. Obviously you do not wish matters to go this far but anybody who knows me will say that I tend to look at all scenarios and possible remedies.

[jonesaj2909]

Hi all thankyou so much for your reply's

I am in crown on the 26th August so coming up soon and that will be to sort out trial dates apparently. She has said that i fully penetrated her but did not ejactulate, they were able to charge me because she said it happened (apparently, i did ask the officer how could he charge me with no dna and that was his answer) and she reported immediately after she claimed to be raped so i assume they tested her there an then i did hear they took her straight to a specialised unit of some sort.

So could they still try and hit me with attempted rape even though her statement says i fully penetrated her?

Many Thanks Again

[Rights Fighter]

They would probably try if the jury queried it but then in the event of conviction you might have a chance of appeal - although I guess you don't want to hear that right now.

I work in these cases so always look to what could occur.

[losingthewill]

No dna needed at all, just her word.

They may well charge you with attempted rape in the hope that you will plead guity to a lesser charge (Sexual assault). CPS are bullies and a mediorce bunch of lawyers (thats why they do what they do).

Never accept the lesser charge as you are innocent.

They want you too so thay can't lose.

Your trial is fast approaching I have been through the same and come through it. What I found helpful is the thought that 12 normal people decide your fate, not idiots, not the corrupt police & CPS. Its a level paying field once the trial begins.

This thought kept me going all along in that somedbody somewhere would see sense.

In my case the verdict of not guilty came within 15 mins which included a fag break (so my barrsiter told me). Chin up, you can beat these people.

I could not believe my case went to trial it was abosulte ********.

So, remember more and more weak cases are going to trial, don't feel for one minute that they must have a strong case otherwise it wouldn't go to trial. You must have seen all the evidence by now and met your barrister.

Be confident in beating these wasters. Be prepared for some dirty tricks from the police at the trial. I will never trust one of the boys in blue for as long as I live.

If you feel you need some support leading up to the trial from somebody who has been through the same thing then please contact me.

Stay Strong. You can do it.

[Rights Fighter]

No dna needed at all, just her word.

They may well charge you with attempted rape in the hope that you will plead guity to a lesser charge (Sexual assault). CPS are bullies and a mediorce bunch of lawyers (thats why they do what they do).

Never accept the lesser charge as you are innocent.

They want you too so thay can't lose.

Your trial is fast approaching I have been through the same and come through it. What I found helpful is the thought that 12 normal people decide your fate, not idiots, not the corrupt police & CPS. Its a level paying field once the trial begins.

This thought kept me going all along in that somedbody somewhere would see sense.

In my case the verdict of not guilty came within 15 mins which included a fag break (so my barrsiter told me). Chin up, you can beat these people.

I could not believe my case went to trial it was abosulte ********.

So, remember more and more weak cases are going to trial, don't feel for one minute that they must have a strong case otherwise it wouldn't go to trial. You must have seen all the evidence by now and met your barrister.

Be confident in beating these wasters. Be prepared for some dirty tricks from the police at the trial. I will never trust one of the boys in blue for as long as I live.

If you feel you need some support leading up to the trial from somebody who has been through the same thing then please contact me.

Stay Strong. You can do it.

CPS are bullies and a mediorce bunch of lawyers (thats why they do what they do

Not all CPS staff are bad. I attended a trial near Birmingham not long ago and it was the QC for the Crown (the judge couldn't understand our QC's abuse of process argument so got a QC for the Crown in) who withdrew all of the evidence saying that he was "not satisfied that this is a true bill" (in other words, a false allegation) and the matter was dropped.

The judge then had a personality transplant and stated that an investigation should be carried out as to why the matter had proceeded to trial.

In my case the verdict of not guilty came within 15 mins

I help (or try to help) in appeals against conviction where from the paperwork I can see that the defendant is completely innocent. Clearly, many defendants are not as fortunate as LTW.

Today I went to HMP Albany to visit an inmate who has been given 10 years for something that never happened.

I guess that it's swings and roundabouts at times. Sometimes the CPS will come good and sometimes they will do what they can to get a conviction. Some defence barristers are **** and some are absolutely brilliant.

It is best not to become complacent. You are fighting for your life here so keep fighting until the battle is done.

[losingthewill]

Hi Rights Fighter, firstly I must say it's been a while since I logged onto this site and secondly it's great to know that you are still around for the falsely accused in need of advice. You helped me a great deal with your advice when I was on trial. You even took the time out to call me with a very caring and understanding manner.

As in all walks of life , there are good and bad people in any organisation, but in jonesaj2909 case who is now facing a trial very soon with his whole future at stake, the CPS are now the enemy for him as they are prosecuting and trying to send him to prison.

My advice to him is to stay strong.

[jonesaj2909]

Thankyou all so much for your support nice to see that decisions do sometimes go the way they should only ever hear bad in these case's.

Yes i have seen the evidence and met my barrister evidence is basically her statement and another 3 statements of people that weren't even there just people she seen afterwards.

Am i right in saying they could "hide" evidence until a later date when i say hide i mean not show until just before the trial?

Thanks again you lot are great

[worriedfather]

In my sons case, plod were not interested in any evidence that supported my sons defence. They ignored his assertion that he had used a condom and he told them were to find it, they didnt bother to look for it. We found it and handed it to the police via the solicitor, Plod didnt test it for DNA, we had it tested when they didnt.
We were told 2 weeks before my son was supposed to go to trial that his accuser had made a previous false allegation, this delayed the trial as the barrister was not prepared to back down and let this be ignored. we now go to trial later on in the year.
Plod cannot "hide" evidence...... but they will quite cheerfully tell you at the last moment!
Any evidence that you have should go through your sol as that way it wont get "lost"