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  • Urgent advice needed

    Hi all, very short will update later in full. I have just sat through a very complex rape case and gone from observing this to help me guide people on here further have ended up helping the victim of this poor offence. Short and sweet. He has been found not guilty of 6 charges. The victim is heartbroken. She has asked can she ask for a retrial I don't know and would welcome advice on this.

    I have learned a great deal from this case and am now watching a second case.

    Thank you in advance.

    Gareth.

  • #2
    I don't think she can, not on the basis of the "wrong" verdict being given anyway. If that was the case then those of us who were wrongfully convicted would have a ground to likewise appeal.

    RF is your best bet, but in the interim unless there was something drastically wrong in the case procedures then I'd say the answer's no.

    However, if he is genuinely guilty he may do it again so his day will come again.

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    • #3
      As far as I know (and from what the police told me) retrials are rarely done. If there had been a hung jury then there probably would be a retrial but other than that it isn't the norm. They cost a lot and unless new evidence appears they don't see that it is a justifiable cost. Even if you can prove the defendent lied in ways that make the whole thing a sham it is unlikely it will result in a retrial. Also there are specific guidelines otherwise anyone who didn't like the verdict (victim/defendent) would be requesting one.

      She can speak to her SOIT officer and see what they say but she shouldn't get her hopes up. As someone who has been through two trials to see my attacker walk away I can honestly say that had I known after the first one that I had very little chance of seeing him found guilty I would never have gone through with it. I think it destroyed me even more than the first trial because his barrister was more prepared, he knew from the last time how to get me into a state etc.

      I don't know where this woman lives but there should be support groups in the area. The police can give her more info on these. There are also telephone counselling services specifically for victims or rape and sexual assault (the numbers are on a thread on here) so she can ring them for support and they also have a line for advice if she wants to speak to someone about a retrial that is not involved.

      Really it depends what reasons she has for wanting a retrial and whether it is likely that whatever it is will mean the next trial results in a guilty verdict.

      This might clarify things a bit:
      http://www.cps.gov.uk/legal/p_to_r/r...iour_offences/
      Last edited by friday; 30 November 2010, 03:39 AM.
      "I dreamt I went to the doctor's and she gave me eight minutes to live. I'd been sitting in the f**king waiting room half an hour." Sarah Kane (4.48 Psychosis)

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