Trial

[Corkycat]

Hello everyone,


I've found it a little bit hard to post regularly because i've been really scared and i suppose that i try and bury my head in the sand with it all. My trial started on Monday and my accuser gave her evidence, basically she made herself look and sound ridiculous. She had been shouting at my barrister and was really aggressive towards his questioning, she had to admit to lying about two aspects of her allegation, one of which was a clanger!!!

However, before proceedings had started on Monday, everyone was pre-warned that Tuesday was a day off because of perfectly good but unrelated reasons, the same for this afternoon. We had to appear this morning and things have took a poor turn in that the detective had yesterday, gone back to the previous accuser and got a statement from her about the allegation that i was tried and acquitted of all those years ago (previous ex girlfriend). The prosecution are trying to have this included for the rest of the trial and therefore, will make me look terrible. The judge will rule on it tomorrow. I have told the whole truth from the outset to any questions put to me by the detective and my accuser made herself appear in the light that i have always maintained that she would do, she made it very clear to all that this is soley about me gaining any access to our children.

Apparently, the law on this states that it can only be used if there is a pattern in offending, a conviction is required for this to be established, so as i haven't previously been convicted, how can this be granted as admissible? I'm so so scared, i just don't know how my partner and i are coping with this. She is so hard and positive, she is showering me with so much love and effection it's amazing!!!

I'm a realist so i get what is happening, but also what could happen. Does anyone know how long i could expect for this, should it go the wrong way? Also i hear conflicting statements on how much of any sentence passed down, is actually served behind bars. Very worried about going to prison and being mixed in with mainstream convicts. Could anyone shine any light on my issues please, i would be extremely grateful?

Good luck and best wishes to everyone, especially to those in similar circumstances, my thoughts are with you all too.

[the game]

surely your solicitor should bring up the fact that you weren't convicted before the 'evidence' is brought up

[Corkycat]

Yes, the barrister did mention that and other points during the legal to-ing and fro-ing. But i think they named this 'hearsay' evidence....of which i didn't think was allowed??? It all seems very one sided, and it seems this way because even though she was ferocious with her replies, it seems as though everything is being done to paste over her poor evidence!

Thanks for your reply The Game.

[Saffron]

Hi Corkycat
Thanks for the update. Sounds like your barrister had her on the ropes - shouting at a barrister is never a good idea.
I am not 10% sure on the legal standpoint, and I know the law changed fairly recently to allow previous convictions to be raised...however (and this is a guess) as you haven't been convicted there should be nothing to raise. You were tried by a court of law and found to be innocent so I don't think it will be admissible.
Good luck, let us all know how you get on.

[edinguy]

A little help

'I'm a realist so i get what is happening, but also what could happen. Does anyone know how long i could expect for this, should it go the wrong way? Also i hear conflicting statements on how much of any sentence passed down, is actually served behind bars. Very worried about going to prison and being mixed in with mainstream convicts. Could anyone shine any light on my issues please, i would be extremely grateful? '

I think Rights Fighter would be the best bet to answer that on these forums, I myself have been looking at various sentences relating to these things at it differs from case to case.

I think if you are sentenced to 4 years or less you will serve half of your sentence in prison and then be released on licence for the remainder. Above 4 years you are eligible for parole at the half way mark and are automatically released at the 2/3rd stage with the remainder on licence if not granted parole. ( Once again I am not 100% if this is how it works but it is what I have read) I have no idea how extended sentences work.

I will pray that you will not have to worry about that and the truth will come out but try not to worry too much about prison. If you are really concerned then have a look at LS's thread on Prisons and that should give you a little bit of insight in what to expect.

[Corkycat]

Hope.

Thank you Saffron and Edinguy for your replies, very reassuring that you both took the time. The evidence that i mentioned yesterday, was not allowed to be spoken of in court, the Judge ruled on this from the start this morning.

Today was an ok day until i was called to give my evidence. I'm just so petrified of it all, i was soooo nervous and i hope that i didn't come across all edgy like. My partners mum said i did well, but i feel that she is just being supportive, bless her. I was able to look each jury member in the eye as i gave my answers to my barrister. Tomorrow is cross examination of me and i feel so worried, not that i have anything to hide, but just that i'm not used to speaking formally to any amount of people and scared of getting muddled, therefore start to wobble and come across all wrong.

I absolutely except that everyone has to go through this, but i didn't realise just how 'chicken' i am these days.

I sincerely hope everyone is coping with their own personal ordeals, you must keep going, even though someimes you will feel numb and rather robotic but you will get through it...i promise you will. Try to focus on something that you can draw inspiration and courage from, this might sound a bit crazy, but i think of all those brave soldiers who arrived by boat to the beaches of Normandy...they faced almost certain death and yet they fought on. Sorry if that is a bit deep, but it's what i honestly think of (i admit i struggled with that theory myself today) i am determined to soldier on tomorrow.

Take care all, thanks for any replies that i may receive.

Good Luck!

[Verity]

Corky,
My hubby went through what you are going through now.
The prosecutor couldn't ask him many Q's as he knew my hubby was innocent.
Hubby did what you are doing told the truth and looked at the jury when he answered.
This is a false allegation, it never happened and too many people's lives are being destroyed by false accusers.
Be strong.

The wicked lie in wait for the innocent man,
seeking to take his life.
But the Lord will not leave him in their power
nor allow him to be condemned when brought to trial.
Psalms 38:V 32-33

I will keep you in my prayers and be thinking of you tomorrow.

[largactyl1]

Hi Corky, best of luck for tomorrow. It maybe tough but there is no need to be defensive or anything as you will be speaking as an innocent man and have nothing to hide.
Kind wishes
Jen

[edinguy]

'I sincerely hope everyone is coping with their own personal ordeals, you must keep going, even though someimes you will feel numb and rather robotic but you will get through it...i promise you will. Try to focus on something that you can draw inspiration and courage from, this might sound a bit crazy, but i think of all those brave soldiers who arrived by boat to the beaches of Normandy...they faced almost certain death and yet they fought on. Sorry if that is a bit deep, but it's what i honestly think of (i admit i struggled with that theory myself today) i am determined to soldier on tomorrow.'

Doesn't sound crazy at all my friend, I myself and I presume countless others look to this kind of thing to draw some kind of strength.

I hope the truth comes out for you today.

[Corkycat]

Trial

Hello everyone,

I got put through the mill today, very very tough indeed but i answered all questions that were put to me honestly and exactly as i saw things. I actually relaxed more and more as the questioning went on, i felt empowered over the prosectution barrister (and i don't want to seem arrogant with that, i remained extremely scared) because i could meet the questions head on with the truth so hopefully i didn't appear to be cornered. I applied my theory in the drawing of strength and courage from the soldiers on the beaches and it seemed to work. My partner gave her evidence to which i will be forever grateful to her for, she too was not cornered by anything that she was asked. I feel completely blessed and honoured that i have her and the whole of her family's belief and support.

Monday is speeches and the jury will be sent out, so from here on, there is nothing more anyone can do. I would like to say thank you to everyone on here, for providing so much help and support. I would also like to say to anyone that will have to deal with this heinous situation in the future...you must see it through, you have to go on, somehow you will and then hopefully the big guy in the sky will look after you, as i hope he will me. I pray to him that one day, the law will change to somehow help both rape victims and false rape allegation victims to find justice swiftly and in the least hurtful way possible.

If it goes wrong on Monday i have asked my partner to let you all know on this forum because you have all been so good to take the time to post support and information on here, you deserve to know. Thanks again for any replies that i may recieve in the future.

Good luck and best wishes to you all....KEEP FIGHTING!!!

Corkycat.

[RFLH]

Keep you head high and I wish you the best for Monday.

[Saffron]

Corkycat, proud of you. Wise words well spoken.
I hope your partner will post here regardless of the outcome. I am keeping everything crossed for you. Enjoy your weekend as much as you can.

[Verity]

Now I pray that the jury applies common sense and has seen through the lies of the false accuser.
Have a good weekend.
My thoughts and prayers are with you.
Verity

[Raptorace]

Hey buddy, very best of luck for Monday. Read this forums sticky about prison. It calmed me down when I had a better understanding of prison. But hopefully you won't need to know because your not going there, sounds like your accuser did a **** job of looking truthful. Good luck.

[Corkycat]

Good morning all.

Hey buddy, very best of luck for Monday. Read this forums sticky about prison. It calmed me down when I had a better understanding of prison. But hopefully you won't need to know because your not going there, sounds like your accuser did a **** job of looking truthful. Good luck.

Strangely, i have had the best nights sleep that i have had in months (Thursday night i had 2.5 hours total, i was lay with my eyes staring up at the ceiling for the rest of the night) i feel quite fresh actually. We are going to take the dogs for a walk shortly and then my girl wants to do a bit of shopping. I'm just watching the Moto gp warm up and then we are off.

Verity, the Psalms quotation was lovely, it made me smile and feel warm inside so thank you for that. x

largactyl1, thank you for your kind words. x

Saffron, thank you so much, that was very sweet. x

Raptorace, thanks for your support. You are right, the sticky is very informative and reassuring. Cheers my friend.

Thank you so much everyone, i will jump on here later and post again. Love to you all.

Corkycat.