New member needs advice please

[pocketnurse]

Hi there, I am new to this but thank goodness this website is here. I need any advice available. I will try to make a long story very brief.
My partner is awaiting trial after being charged on allegation of having several incidents of underage sex with with a member of his estranged wifes family a number of years ago. There are a number of motives for this allegation but one in particular which is that the "victim" is using the allegation as a way of covering for some behaviour in her past which has now been disclosed to her husband and caused major problems. She has had a rather questionable past and has taken a past boyfriend to court (for harrassment) but was thrown out as no evidence. This allegation is born purely out of spite and vengence and although there are a number of motives the police have no intention for
seeing this for what it is. I have absolutely no doubt that my partner is innocent and he has support from my family (including my 12 and 15 year old daughters), my parents, his parents and ironically enough a few members of the "victims" family also. Any help would be so appreciated. Our lives are devestated, he lost his job 8 months ago and has been unable to work since because of the charge. We are living on my wage alone, have had to move house and are now in debt. Thank goodness this site is here.

[Midnight and Worried]

Hello pocketnurse,

I'm sorry that you find yourself here in such sad circumstances but you have come to the right place,you will get a lot of support and some really good advice.

Someone will be along to answer any questions you may have,meanwhile try to stay strong,you will get through this.

[Rights Fighter]

Keep posting pocketnurse then I will be able to PM you in a few days.

Please remember that this is a public site which means that anybody can read what you are posting here so try not to post anything that could identify you to the members of the public, such as the police.......

[Saffron]

Hello Pocketnurse

I am sorry you find yourself here.
It is interesting (and potentially very compelling evidence) that there are members of the accuser's family who are supporting your partner. Would they be prepared to make statements to that effect?
Make a list of all her possible motives and give it to your solicitor. Also, make sure you go through her statements with a fine toothed-comb and highlight any inconsistencies - give these to your sol as well. Do you have an expert solicitior? By expert I mean one who is experienced at successfully defending false allegations of historic sexual abuse. It's a very complex and specialist area.
I would also suggest that you talk to the Citizens Advice Bureau about any benefits you may be entitled to (jobseekers allowance, council tax relief, tax credits, etc). If you have a mortgage, talk to your lender about taking a payment break. If you have credit card payments to make, look at switching to a zero interest account.

Others will be along shortly with more advice. In the meantime, I am sorry to welcome you.

[pocketnurse]

Hi Saffron thankyou for that.
We are not entitled to unemployment or jobseekers as my partner was self employed. We onlt get £78 weekly help with rent. We were living in a lovely cottage in a small village and my concern was the effect of the allegation being made public particularly on my girls as a large number of school friends lived in the village also and the fall out would have been hell for them. Obviously the financial situation meant we could no longer afford to live there so had no choice but to move. I am doing my best to be as supportive as I can but I am under no illusion despite the support we have verbally and otherwise and I fear for the future. The main problem for me right now is the anger I feel that this is so injust and there is absolutely nothing I can do. As I wasn't in my partners life when the alleged offences took place I have not been spoken to by any of the authorities other than SS and child protection which in my opinion have been a total intrusion into my life. Do they really think that if I had any concerns re the safety of my daughters my partner would still be with us? My partner is the most gentle and kindest man I know and I am so frustrated that I am watching him being damaged I just want to protect him and my children. We appear to be fortunate in that we are happy with our female solicitor and barrister but is there any way we can find out about their expertise? I know that we have no further entitlement to financial help as I have looked into this - to be honest my priority right now is to try to protect my girls and partner and pray that justice is served.

[Casehardened]

Hello pocketnurse,

I can't think of anything to add to the excellent advice from others but just wanted to highlight a positive in your story.

From previous threads on the forum it would seem that many men in your partner's situation have been obliged to move away from their home in the period between charge and trial as a bail condition. You mentioned that the SS had been to see you and haven't insisted on this, so it would seem that they, at least, seem to believe that your partner poses no threat to your daughters (and therefore by implication, 'didn't do it')

Hopefully your barrister will mention this in court!

[pocketnurse]

new member needing advice

Thankyou casehardened. Are positive character witness statements of much use in court? We would not have problems providing some of these however I am concerned that this may be seen as "clutching at straws" by the jury. I have written a statement regarding my partner's character myself and my views on her motive for the judge to see (for what its worth). The trial at Crown Court is due to start very soon- even at this late stage can the "victim" still retract her statement or can the judge throw it out if he can see that there is vindictive motive for the allegation.

[Casehardened]

Are positive character witness statements of much use in court?

even at this late stage can the "victim" still retract her statement or can the judge throw it out if he can see that there is vindictive motive for the allegation.

Character witness statements from wives/partners are a bit of a two-edged sword; on the one hand the jury will think 'well she would stick up for him, wouldn't she', but on the other hand if she doesn't appear then 'that might be because she thinks he's guilty'

In your case my opinion (for what that's worth) is that, as you are obviously articulate, is to speak up for him and make the point that you mentioned earlier "Do they really think that if I had any concerns re the safety of my daughters my partner would still be with us? ". As both your daughters are minors this should go down well, especially in conjunction with the SS's decision to allow him to remain in the home.

The trial can still go ahead without the co-operation of the 'victim' if the Crown thinks that this would be in the public interest, by using her video-taped interview as evidence-in-chief, though the jury may well draw a favourable (for the defendant) inference from this.

As for whether the Judge can stop the trial going ahead, I *think* he would only do this if he considered the evidence against the defendant to be so flimsy that it would be a travesty of justice to risk a conviction on the whim of a jury

[pocketnurse]

Frustration and impatience

Thanks again Casehardened. At this point I have not done anything with the statement I have written. I know what I want to say but can't put it into words that do justice to the way I feel. I am very determined to do whatever I possibly can to see justice served. My partner is a mild mannered man who has been amazingly more patient than me whilst we are still waiting to see statements etc from the prosecution. I am finding it increasingly more difficult to remain patient and stand by and watch him go to court like "a lamb to the slaughter". As I said before I am under no illusion of how many innocent men are falsely convicted by what appears to be a mockery of a justice system. Any advice on anything positve I can do will be very greatly appreciated. My partner and I have discussed very briefly the worst case senario and my greates fear is that knowing him as the person he is he would not survive a prison sentence- of that I am sure.

[Midnight and Worried]

Have you seen a copy of the accuser's statement yet?

[Casehardened]

Dear pocketnurse,

If the trial date is now set then all your partner and you can do is to prepare for it. Once again I’m not the best person to give you advice but I would suggest you treat it as an exam or a rather awful sales pitch; with the aim being to get the jury on his side.

From the ‘victims’ statement try to anticipate all the cross-examination questions that might come up and work out some answers in advance; it is important not to be hesitant or ‘erring’. It may well be that your barrister has already done this or will do so.

Demeanour and dress is important; he needs to come across as respectable and convincing. It’s probably best to be himself rather than try to change his personality in the dock, but head up and being serious is good. Address the jury with his replies to cross-examination and whatever happens don’t get riled by the questioning, the prosecuting counsel may well try to make him flip and lose his temper to show that he is not in control of his emotions and actions.

The 'victim' will probably get a walk-through the court in advance; no such privilege for the defendant! If you know which court it is perhaps you could obtain some photos or even watch a trial from the public gallery to get some idea of the set-up.

As for the worst case scenario, it’s good that you are talking about this, and can I suggest that you read through LS’s excellent write-ups at the top of this section under ‘Sticky’s’

[Saffron]

we are still waiting to see statements etc from the prosecution.

This is not right. Your partner and his sol should have received ALL the prosecution statements/evidence very quickly after he was charged. You should also have received any statements or evidence that they do not intend to use (this is called the "Unused Bundle") When is the trial due to start? If the date is really close then your sol/barrister should be asking for a delay so that they can go through the prosecution's statements. You cannot defend yourself unless you know exactly what the allegations are!

Ultimately, if the trial is really close and your sol/barrister have NOT received any prosecution statements, they could argue for an "Abuse of Process" which sometimes results in the case being thrown out.

With regard to character statements - yes, do them. I am surprised your sol hasn't asked you for them already. It's best if they are given by recognised professionals - teachers, doctors, lawyers, architects, etc, but this isn't essential: anyone can give a character statement as long as they know your husband well.

I completely understand your rage. I still suffer from it seven years on! I recommend housework and exercise as a way of keeping it under control.

Keep on keeping on. We will do as much as we can to support you.

[Rights Fighter]

I am surprised that you have been told that your partner is not entitled to public funding, now that the matter is proceeding to trial. I would double check this with the solicitor (or another solicitor).

He might be required to "contribute" but as this is now means-tested in some areas of the UK (not all) then he should not be having to carry the whole burden,

[Saffron]

I think by "financial help" Pocketnurse was referring to Jobseekers Allowance/Income Support rather than Public Funding.
Happy to be corrected if I have misread the situation!

[Rights Fighter]

I think by "financial help" Pocketnurse was referring to Jobseekers Allowance/Income Support rather than Public Funding.
Happy to be corrected if I have misread the situation!

PN also said:

We appear to be fortunate in that we are happy with our female solicitor and barrister but is there any way we can find out about their expertise? I know that we have no further entitlement to financial help as I have looked into this - to be honest my priority right now is to try to protect my girls and partner and pray that justice is served.

I've had an email from somebody who hasn't said who they are - would this be you PN?