motorman

[motorman]

where is this going

had plea hearing at magistrates and am now waiting to make plea at crown.went over statements against me and found quite a lot of discrepancy's which were also noted by my solicitors who have told me that charges could be dropped.medical examination prove that no penetrational sex has taken place.can you help and advise me where all this is going please

[witsend]

Motorman
I can't advise you on legal matters, somebody else will be along later. Thinking of you, keep your chin up mate.

[Rights Fighter]

As witsend says, no-one can tell you what will happen unfortunately. Charges can be dropped and added at any time during the pre trial and trial process itself. It will be up to the barrister at trial to challenge the accuser during cross-examination. Unfortunately somebody claiming rape often has no sign of penetration whatsoever - the medical expert for the Crown will have put at the bottom of the report "this is a neutral finding and neither confirms nor denies that penetration occurred". Then it's left up to the jury to decide "who is telling the truth, who is the more credible witness". I've seen that at the end of some Judges Summing Up which is why it is in quotes.

All we can do is to wish you the best of luck.

[motorman]

how can they say she was raped when the hymen is still intacted

[Rights Fighter]

Unfortunately it is par for course.

It really depends on what the accuser alleged as well. If she explicitly alleged full penetration then it will be up to the barrister to argue during the course of legal arguments that this charge cannot be rape. Often, rather than going down the common sense route, the Count is sometimes amended to "attempted rape".

You need to address any specific questions to your solicitor/barrister. None of us on here has seen any paperwork or attended any court hearings so nobody here can give you any specific advice.

[LS]

how can they say she was raped when the hymen is still intacted

Be aware my situation was the same as that.

Prior to the trial, my indictments read accusation of intercourse/rape etc. Then I walked into court and the judge added the alternative charge of "attempted," so if they didn't find me guilty of the actual, then they moved on to did he attempt?

So do be prepared that at the moment hymen is intact and you take it as proof that no act took place.
Then you go into court and discussions ensue about whether the penis touching the labia is classed as penetration, and whether you were "there at the time" and suddenly the fact that she still remains a virgin goes completely unnoticed.
That's how they seem to proceed when the hymen is still intact. They hymen issue is often over-estimated in relevance, as far as I was told.