Falsely accused

[brianjared]

Hello. A close friend has recently been accused of rape in june of this year. He had a house party, everyone left the house party, and he had fallen asleep on his sofa downstairs. Whilst he was asleep, his friend recorded himself on his phone raping a 17 year old girl with objects, and the next day showed everyone at my friends work, saying it was my close friend, not himself. The police now appear to have more evidence on my close friend, than his friend, due to the fact the police seized my close friends computer and it had videos on there of him and his ex girlfriend (who is 18.) and have made him out to be a "sexual deviant." The DNA tests have not proved anything and my close friend went to court a few weeks ago and it is likely he will get up to 8 years for something he did not do. He has pleaded not guilty, however, his solicitor said the chances of him getting this verdict are very slim. Is there any hope for my close friend? What can I do?

[LS]

The DNA tests have not proved anything

I would be quite surprised at this. It depends what objects were tested, but surely there would be DNA of some sort on the end the assailant touched, sweat, fingerprints etc. Also, did plod seize the mobile phone the "friend" went around showing? Presumably if this friend was raping with objects, then his hand should be in one of the shots. Does your friend have any distinguishing marks or rings on his hands?
just a thought...

Never EVER plead guilty to something you haven't done, no matter what they blackmail you with. You may do a smaller sentence, but they'll screw you up for far far longer.

[eastwood]

hiya brianjared, LS is right if your friend is not guilty PLEAD not guilty, firstly your friends solicitor needs to find out what is on ur friends phone AND his friends phone, can this be done through a court order ? secondly is there any witnesses to your friends friend either being there at the house party, how was he behaving whilst there, did anyone see him leave the party, and how did this incident end up on your friends friend phone ? i'm sure the police have looked at all these things but they have a way of not bothering to follow up certain lines as it would not help there case against your friend, thats why his solicitor needs to push for these things to be explored. best of luck to your friend though.

[Rights Fighter]

If the video evidence does not show the perpetrator's face it will at least show the hands. That can be forensically examined to determine the owner of the hands featured.

[LS]

I just had a sudden thought....

Whoever took the images on the phone was clearly there, making them an accessory to the accusation, ie they're guilty of aiding and abetting/facilitating a rape.

If Guy B took them on his own phone, then he's in deep doo-doo, as above.

If he took them on your friend A's phone, then what's he doing running around at work with someone else's phone??
The fact that he's in possession of a video of a sexual offence should be enough to get him charged, and he's also got some explaining to do re how he got it. Because he either bought the video or he was there..... either way he's stuffed.

Suggest your friend starts asking WHY the guy with the camera isn't being looked at very closely.

[Rights Fighter]

I thought the same at first but:

Whilst he was asleep, his friend recorded himself on his phone

Does that mean the friend's phone, or the accused's phone? Some friend, if this is true.

[LS]

What's this "friend" doing having such a video? He either took it, or was there, either way this "friend" should be looked at.

Whose phone it is is a moot point, but the mere fact that this friend is running around with a video of a sexual offence taking place should be enough to have him charged, I would have thought.

[Rights Fighter]

We don't actually know for sure what happened.

I think that the OP is saying that the "friend" used the accused's phone to video himself - ie, to fit the accused up.

If that is the case then the "friend" is not in possession of the phone/video so if the accused is innocent, then it might be possible to investigate the hands (for certain marks and skin formation) to confirm that those are not his hands on the video.....

However, if I am wrong, and the "friend" video'd himself on his own phone, then I cannot see how the police can say this is the accused.

Something is wrong somewhere - hence the suggestion that an expert should be called in - if the Crown have not already done so then Defence should.

[Rights Fighter]

Whose phone it is is a moot point, but the mere fact that this friend is running around with a video of a sexual offence taking place should be enough to have him charged, I would have thought.

It's not a moot point.

If the video is on the accused's phone then the "friend" won't be running around with it in any event as it's not his phone.

Just scrolled back to see this:

...........and the next day showed everyone at my friends work, saying it was my close friend, not himself.

He's showing everyone at work whose phone? His own or the accused's?

I agree LS that the "friend" seems to be aware of this offence being committed so I would have thought he was party to it.

The video should be examined by an expert to clarify just how many hands are in the film. If it is one person doing the offending and that person is holding the phone, then I would expect to see only one hand, as opposed to a pair of hands.

[LS]

and the next day showed [the video to] everyone at my friends work

That's what I take to be "in possession of." The fact that he's picking up someone else's phone and running around with it, showing its content, plus knowing facts about the video itself, would indicate to me he needs looking at.

It's the kind of thing the ar*ehole in my case would do without a second thought.

[Rights Fighter]

I don't know if this is the same case:

http://www.bbc.co.uk/news/uk-england...ester-11746284

Heywood mobile phone photo rapist jailed

A man who took pictures of himself raping a woman as she slept has been jailed for eight-and-a-half years.


David Holt, of Heywood in Greater Manchester, used his mobile phone to catalogue the sexual abuse while the woman was in a deep sleep, police said.


He was caught when the photos were found on his phone and passed to the police.
The 53-year-old pleaded guilty to four counts of rape at an earlier hearing at Bolton Crown Court.


Det Con Ben Harris, of Greater Manchester Police, said the victim had been left "extremely distressed".


"I know she found it difficult to come forward," he added.


"As far as Holt in concerned, he probably thought he had got away with his offending.


"He continued his life, thinking he would go unpunished, while all along his victim was suffering."


Holt, of Whalley Road, was also ordered to sign the Sex Offenders Register for life.