falsely convicted friend

[freedom]

Hi,

My friend who have known since i was 7 years old has been falsely convicted of rape and sexual assault. I will keep this as brief as i possibly can.

1. He was invited to a birthday at a night club of an old school friend. The following afternoon she called the police and claimed he sexually assaulted her at the bar. (allegedly he touched her between the legs) My friend strongly denies. He was bailed for this.

2. 2 months later he was invited to a fictitious party that never was by a girl on the internet whom he had met online. He was told to bring alcohol when he arrived there were no other guests except the girl who invited him and her friend. They took him to an off licence to buy shots. back at the flat they were dancing and drinking and he was continuously assured there would be other guests arriving. They never arrived. He felt sorry for the girl as it was her 21st birthday, and she came on to him but her refused her advances because he was getting on well with her friend, which she was not happy about. The 2 girls argued upstairs, and he went up as well. The friend's friend wanted to spend one on one time with my friend the other went downstairs. Throughout theur time together the original friend came into the bedroom which had no door at least 10 times. My friend even went downstairs to get her phone (who he was sharing the bedroom with).
she pulled him on to her and giggled to be quiet not to let her friend hear. Sex was about to take place when the bedroom light came on and the other friend was really angry and shouted at her friend how could she do this. The friend said "its not what it seems, he has raped me"
My friend was told to leave the flat and arrested the next day. Was remanded in custody for 7 months before trial

3. Convicted by jury.
- doctors examination was dismissed by judge which said no penetration took place as claimed by the "victim" and an internal was refused. The doctor then refused to turn up for court and the evidence was not useable because of this.

- victim claimed that she was drunk and kept passing out. Toxicology report said she was just over the drink drive limit.

- the 2 friends gave their statements to police together and were not separated throughout.

- Police failed to obtain any CCTV for the sexual assault

- statements were given by a witnesss that the party was never going to happen because it had been cancelled 3 days before.

There are many more inconsistencies in this case. And i must add that I would never defend my friend if i seriously thought he was capable of this. I cannot bear to see him rot in prison for something he didnt do. Especially when the victim was out night clubbing days later and actually never turned up to see his conviction (she went to work that day)

Any help greatly appreciated. Sentencing on 20th Dec.

[the game]

so the doctor, who had the most vital information, didn't turn up so couldn't give their professional account of what happened. was that by choice of the doctor, or were they just not informed of where and when the trial was taking place, or were they told that they wouldn't need to attend as the written report would suffice?

[Rights Fighter]

The OP says that the complainant refused to have a medical examination (internal) anyway so there would be no need for a medical report. No medical evidence would have been necessary.

Were DNA samples taken. His semen, if this occurred would have been found on her inner thighs so no need for an internal forensic examination.

I take it that the complainant from the first "party" gave evidence for the 2nd complainant at the second "party?" Was he convicted on both?

[freedom]

so the doctor, who had the most vital information, didn't turn up so couldn't give their professional account of what happened. was that by choice of the doctor, or were they just not informed of where and when the trial was taking place, or were they told that they wouldn't need to attend as the written report would suffice?

The doctor was told written support would suffice. But the prosecutor said she didnt believe what the doctor had written was correct as the doctor said "no" to penetration. The doctor was summoned to court, but refused due to "duty of care". The judge said that the jury had to ignore the evidence, as the doctor was an unreliable witness.

[freedom]

The OP says that the complainant refused to have a medical examination (internal) anyway so there would be no need for a medical report. No medical evidence would have been necessary.

Were DNA samples taken. His semen, if this occurred would have been found on her inner thighs so no need for an internal forensic examination.

I take it that the complainant from the first "party" gave evidence for the 2nd complainant at the second "party?" Was he convicted on both?

She was examined but not internally and swabs were taken. No semen found on victim or accused.
My friend was convicted on both accounts. Sexual assault on first (who then posted a picture of herself wearing an orange american style prisoner boiler suit with GUILTY stamped on the back, and smiling into a night club mirror!) and rape on the second account.

Thanks for all your replies, its so very appreciated.

[Rights Fighter]

The doctor was told written support would suffice. But the prosecutor said she didnt believe what the doctor had written was correct as the doctor said "no" to penetration. The doctor was summoned to court, but refused due to "duty of care". The judge said that the jury had to ignore the evidence, as the doctor was an unreliable witness.

If there was no internal examination then I cannot see how the prosecutor could complain that there was no evidence of penetration. Are you sure you have not confused this with some legal argument that went on about that issue?

[freedom]

If there was no internal examination then I cannot see how the prosecutor could complain that there was no evidence of penetration. Are you sure you have not confused this with some legal argument that went on about that issue?

From my understanding, there was a checklist. The victim told the doctor that my friend had not penetrated her, and therefore where it said "penetration" the box was ticked "no". The prosectution argued that the doctor had ticked the wrong box and it should have been ticked "yes" for penetration.
My friend had told the police that they had been about to have intercourse and the tip of his penis had entered her.
sorry if i am not being clear, I find the whole thing really confusing. Thanks again.

[Rights Fighter]

Ah! It all becomes clear. On the accused person's own evidence, the tip of his penis penetrated her.

Unfortunately this = "rape" if it is not consensual. I know one guy who got 12 years after his niece said that he had raped her - no medical evidence so she claimed "it only went in half a centimetre".

Amazingly she had forgotten all about that until the first day of trial (on indecent assaults) when her best friend "reminded" her that she told her that he had raped her as well....

The trial was stopped to allow the liar to be interviewed again to add that charge.

So, going back to the matter in hand, they could well add "rape" to the list because of his own evidence to them.

[freedom]

Ah! It all becomes clear. On the accused person's own evidence, the tip of his penis penetrated her.

Unfortunately this = "rape" if it is not consensual. I know one guy who got 12 years after his niece said that he had raped her - no medical evidence so she claimed "it only went in half a centimetre".

Amazingly she had forgotten all about that until the first day of trial (on indecent assaults) when her best friend "reminded" her that she told her that he had raped her as well....

The trial was stopped to allow the liar to be interviewed again to add that charge.

So, going back to the matter in hand, they could well add "rape" to the list because of his own evidence to them.

So it seems that my friend has in essence given them the evidence they needed? The reason why it got no further than the tip of his penis, was because the friend came in the room, switched the light on and told my friend to get out. (jealous because her friend got him instead of her, i think) Also the girl claimed in court she was a virgin. I strongly believe otherwise from what i have seen on her facebook page. Forgot to add that my friend also has learning difficulties, and cannot lie to save his life.
We have tried to appeal, but the barrister is not hopeful. Psychiatrist keeps telling him to admit his guilt, that he is in denial, and the sooner he accepts it he will be able to feel better.
Is there ANYTHING we can do? Other than try to catch them out on Facebook etc? The barrister has told us, that the only way he will get out is if they walk into a police station and admit they have lied. But who would do that when there is a big compensation awaiting, and a possible prison term for perverting the course of justice?
I have since discovered that the 2 friends have fallen out with eachother, hopefully one will not be able to lie for the other anymore.
Everyone who knows my friend feels helpless and like we are grieving for him. We cannot give up on him, when we know he hasn't done it.

[Saffron]

What you are going through is similar to a bereavement.
Most people think that being able to appeal a conviction is an automatic right, but unfortunately it isn't. (Incidentally, in France, every conviction is automatically apealable). In the UK you can't appeal simply because you think the jury got it wrong, there have to be grounds - reasons - for appeal. These range from technicalities in the process through to fresh evidence, and also include things like the Judge being fair and even-handed in his summing up.

If you want to appeal on the grounds of new evidence, it has to be evidence that was not available at the original trial. So for example, if the accuser admits to someone that she lied, and that person is prepared to take the stand to that effect, that would be deemed "fresh" evidence. Unfortunately you can't go through all the evidence that was presented to the jury and re-present it at appeal.

In some cases you can appeal on the grounds that you were given poor legal advice, but you would need a new sol/barrister and all the paperwork to be able to do this. You would also need the trial transcripts, which you can purchase from the court. I have no idea how much these cost, but it's pretty hefty and depends how long the trial went on for.

I'm sorry you find yourself here. Your friend is lucky to have a friend like you. If it's any consolation, we know what you are going through.

[largactyl1]

I'm so sorry for your troubles. Your friend will need you more than ever now and he is lucky to have a good friend looking out for him. Were his Learning Difficulties brought up in court - if you feel ok to answer this, what kind of difficulties does he have?
Kind regards
Jen x

[freedom]

I'm so sorry for your troubles. Your friend will need you more than ever now and he is lucky to have a good friend looking out for him. Were his Learning Difficulties brought up in court - if you feel ok to answer this, what kind of difficulties does he have?
Kind regards
Jen x

There have been 67 inconsistencies noted by my friend's barrister, which we are hoping to appeal on, but i appreciate that is a slim to no chance he will get a re-trial. My friend has dyslexia, and has had to have help throughout his school life. Completely naive, and extremely trusting. He doesn't see the bad in people.

[Rights Fighter]

Did your friend have an "appropriate person" present while he was being interviewed? Depending on the severity of the difficulties it is usually mandatory for such a person to be present. If he did not then it might be that there was an abuse of process.

One cannot appeal on "inconsistencies" no matter how many there are. If these were put to the jury and they convicted on them then unfortunately there is no way around that.

However........... it is possible that the trial judge misdirected the jury in relation to those inconsistencies. If that is so, then there may well be grounds with which to appeal.



Edit: Just noticed this bit which hit me:

Completely naive, and extremely trusting. He doesn't see the bad in people.

In that case he may well have answered the questions at interview in an effort to please the officers and maybe to get out of there. It seems that his own evidence at interview did not help in "medical terms" so he could well have been led into that like a lamb to slaughter. Was the duty solicitor much help?

[freedom]

Did your friend have an "appropriate person" present while he was being interviewed? Depending on the severity of the difficulties it is usually mandatory for such a person to be present. If he did not then it might be that there was an abuse of process.

One cannot appeal on "inconsistencies" no matter how many there are. If these were put to the jury and they convicted on them then unfortunately there is no way around that.

However........... it is possible that the trial judge misdirected the jury in relation to those inconsistencies. If that is so, then there may well be grounds with which to appeal.



Edit: Just noticed this bit which hit me:



In that case he may well have answered the questions at interview in an effort to please the officers and maybe to get out of there. It seems that his own evidence at interview did not help in "medical terms" so he could well have been led into that like a lamb to slaughter. Was the duty solicitor much help?

I strongly believe this may have been the case. I have spoken to my friend's mother and she will speak to his solicitor. I can't thank you enough for your help. It's so nice to be in a supportive environment after the stick we have received from malicious and incorrect news paper reports.
Thank you.

[Rights Fighter]

It might be a good idea for the appeal sol to apply for funding for your friend to undergo an IQ test.

Refer the solicitor to:

R v Cash

Neutral Citation No: [2004] EWCA Crim 666

Case No: 2003/00651/B4

Date of Judgement: 26th March 2004.

I've just found the judgment online in the public domain so I can post up the link to it:

http://www.bailii.org/ew/cases/EWCA/Crim/2004/666.html

You need to follow the story relating to Darren Cash (not Michael).




I'll see if I can find any other helpful judgements.