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  • appealing rape conviction

    My brother was convicted of rape of his 14 yr old daughter and served 4 yrs 8 months and came out of prison 2 yrs ago. Since then it has come to light that the daughter made it up.
    At trial he pleaded guilty as stated he could not remember anything but must have done it as he could not believe daughter would make it up.Subsequently defense was weak and he had no representation as did not want it.
    Since then it has transpired that she was tested postive for chlamidia but he tested negative whilst inside.The only evidence was her word and no physical evidence.
    Can this go to appeal/squash conviction and clear his name as life is ruined

  • #2
    It is almost impossible to appeal a guilty plea.

    He really needs to see a solicitor who is experienced in appealing false allegations of sexual abuse. Are you saying that you believe that the fact he did not have Chlamydia but she did, is the reason why he could not have done it?
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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    • #3
      Originally posted by Priscilla2010 View Post
      My brother was convicted of rape of his 14 yr old daughter and served 4 yrs 8 months and came out of prison 2 yrs ago. Since then it has come to light that the daughter made it up.
      At trial he pleaded guilty as stated he could not remember anything but must have done it as he could not believe daughter would make it up.Subsequently defense was weak and he had no representation as did not want it.
      Since then it has transpired that she was tested postive for chlamidia but he tested negative whilst inside.The only evidence was her word and no physical evidence.
      Can this go to appeal/squash conviction and clear his name as life is ruined










      Sorry did not make it clear enough
      He never pleaded guilty he said he could not remember anything as was abusing drink and drugs at the time.He refused representation as couldn`t believe what was happening.
      All he said was that if she stated he had raped her than he must of done.
      The conviction was on her testimonial but NO evidence apart from the fact that the t shirt she was wearing which was his anyway had forensic traces of old semen when tested.
      She claimed she was a virgin( which we know she was not) her story has changed so many times sunsequently and facts altered and changed
      She tested postive for chlamidia and he tested negative.
      There was no physical evidence purely her testimonial and him saying that if she said he had he must of done.

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      • #4
        At trial he pleaded guilty as stated he could not remember anything but must have done it as he could not believe daughter would make it up.

        Originally posted by Priscilla2010 View Post
        Sorry did not make it clear enough
        He never pleaded guilty he said he could not remember anything as was abusing drink and drugs at the time.He refused representation as couldn`t believe what was happening.
        All he said was that if she stated he had raped her than he must of done.
        The conviction was on her testimonial but NO evidence apart from the fact that the t shirt she was wearing which was his anyway had forensic traces of old semen when tested.
        She claimed she was a virgin( which we know she was not) her story has changed so many times sunsequently and facts altered and changed
        She tested postive for chlamidia and he tested negative.
        There was no physical evidence purely her testimonial and him saying that if she said he had he must of done.


        Did he plead guilty, as you said in your first post, or was he found guilty by a jury?
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

        Comment

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