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  • Convicted.

    I have a question.

    My partner has recently been convicted of 5 counts of rape. The jury took over 3 days to come to a decision and we all believed it would go to re-trial. He will not be sentenced for another 2 months. He came across really well in court and his character statements were amazing, so the judge believes he may have a split personality. Which is un-true.

    We have been told by our barrister that we cannot appeal. What would be our next step to prove his innocence? Should we get our own forensic evidence? Should we search for other solicitors for another opinion? I have also been looking into innocence projects. Is there anything else I can do? I have screen shots of her facebook which proves she is very much NOT the innocent girl she has made herself out to be and has a very hate love relationship with men. However this was not allowed in court.

    There was one other thing mentioned in court which he was found not guilty for. It doesn't make sense to me as this was the catalyst of what the prosecution said to be the reason he was guilty for rape???

    His friends and family all need a point in the right direction. can you help?

  • #2
    Hello

    Hello, first of i dont understand why they have convicted him but not sentencing him for 2 months?

    Regards DT

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    • #3
      The judge said he wants a psychiatric report and a character report (from the prison as he was on remand for 6 months) So the judge has given two months for these reports to be collected.

      They will find out he is a very normal person.

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      • #4
        Hello

        Hello, i'm guessin he is still on remand? x

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        • #5
          Im not sure how it works. He has been convicted but has not been sentenced yet.

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          • #6
            hello

            im not 100% sure either sorry i'm sure sum1 will come along to assist u soon. if you want to talk tho feel free to hat get it of your chest x

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            • #7
              Originally posted by doubletake View Post
              Hello, i'm guessin he is still on remand? x
              He isn't on remand anymore as he has now been convicted.

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              • #8
                Originally posted by Bloom View Post

                We have been told by our barrister that we cannot appeal. What would be our next step to prove his innocence? Should we get our own forensic evidence? Should we search for other solicitors for another opinion?
                Hello Bloom & sorry to hear this news, hope you're coping....

                Rights Fighter is by far the best member to advise you on appeals & hopefully she will see your post in the next few day. The solicitor she works with specialises in this type of appeal.

                She has mentioned in the past that an appeal would be allowed if fresh evidence, that was not available at the time of the original trial, was discovered, so if you could obtain 'new' forensic evidence this might help.

                Edit to add that even if you can show that the girl is not innocent this does not prove she can't be raped; this is why it wasn't admissable and can't be a reason for appeal
                Last edited by Casehardened; 16 April 2011, 06:52 AM.
                'What doesn't kill you makes you stronger'

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                • #9
                  Originally posted by Bloom View Post
                  I have a question.

                  .........so the judge believes he may have a split personality. Which is un-true.

                  We have been told by our barrister that we cannot appeal. What would be our next step to prove his innocence? Should we get our own forensic evidence? Should we search for other solicitors for another opinion? I have also been looking into innocence projects.

                  There was one other thing mentioned in court which he was found not guilty for. It doesn't make sense to me as this was the catalyst of what the prosecution said to be the reason he was guilty for rape???

                  His friends and family all need a point in the right direction. can you help?

                  .........so the judge believes he may have a split personality
                  How did the judge vocalise this? He is not an expert so he cannot say this. Do you mean perhaps that the judge said words to the effect that he "has a dark side?" Pre-sentence reports are normal for this type of case.



                  We have been told by our barrister that we cannot appeal.
                  Wrong - virtually every appeal I have been involved with the appellant was told there were no grounds by their trial barrister. That does not mean that there are none.



                  Should we get our own forensic evidence?
                  A decent appeals solicitor will consider the trial paperwork to see if another forensic opinion is required. One that recently succeeded in January had been told by trial counsel that there were no grounds, the inmate then approached what used to be known as the Historic Abuse Appeals Panel (waste of time) who said there were no grounds. The matter then went to the solicitor I work for - who instructed a new expert. Convictions quashed. That related to DNA evidence.

                  In December another case was successfully appealed in relation to faulty forensic medical evidence.

                  Most forensic experts have to be instructed by a solicitor first. It depends on what the forensic evidence relates to.


                  I have also been looking into innocence projects.
                  I understand that Innocence Projects will only consider a case once it has failed at Appeal and CCRC stage and the applicant is not eligible for funding but cannot afford to pay.


                  There was one other thing mentioned in court which he was found not guilty for. It doesn't make sense to me as this was the catalyst of what the prosecution said to be the reason he was guilty for rape???
                  This is a public forum so do not post up the details to this. Please email me the details to the PACSO address you have used today.
                  Last edited by Rights Fighter; 16 April 2011, 04:27 PM.
                  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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