Not long to go now.

[Kermit]

Stay Strong

Thinking of you at this time , i pray the result it the right one and your able to move on with your life an innocent man .

kermits fiancee

[largactyl1]

Hi, hope it all is going well. It does sound as if things should go your way. As you say, it is now up to 12 jurors.
Kind regards
Jen

[noodles]

Hope things have gone well today. Hoping for the right outcome

[BecomingNervous]

the jurors were sent home at 4:30, so another day to wait

[RFLH]

wishing you well.

[noodles]

Thinking of you today - stay positive!

[kazzarat]

long night

Hi BN, it's a sod it has had to go over to another day been thinking about you so much and hope your holding up.
I really hope we get to read the post we are all waiting for , hope to hear something later.

Kazzarat

[Boys don't cry]

Keep the Faith

Best of luck Becoming Nervous.Please let us know that you are Innocent.

[BecomingNervous]

well today didnt go that well. i was found not guilty of rape but found guilty of attempted anal rape. both my barrister and the judge couldnt believe it. the attempted anal sex was following consentual vaginal sex, within seconds (change of position) which consisted of me going to penetrate, she said no so i stopped. i assumed consent through action and as soon as she said no i stopped. i cannot believe it.

does anyone know if i have grounds for appeal (my barrister is looking into inconstent verdict) or does anyone know of a similar case? both the barrister and judge suggested sentencing would be hard as the ccase is very unusual.

[Saffron]

Holy Cr4p. How is that possible? Not guilty of rape, but guilty of attempted anal rape? Surely if she claimed you raped her, but they decided it didn;t happen, how can they then decide that the "attempted" anal rape actually happened?
I think LS has summed this up elsewhere on this site: "you can't defend yourself against 'attempted' anything".
I'm sorry, but no-one can tell you whether you have grounds for appeal without seeing all the paperwork and the trial transcripts. What has your barrister said?
Thinking of you

[Rights Fighter]

There is actually a very recent case where this sort of inconsistent verdict occurred and the appeal worked, I'll dig it out..... a Polish fellah.....

[Rights Fighter]

Found it. Unfortunately the judgement is not in the public domain so I cannot provide a link to it but please give these details to your solicitor/barrister asap.

Neutral Citation Number: [2011] EWCA Crim 1006
No: 201003303/D1
IN THE COURT OF APPEAL
CRIMINAL DIVISION


Name of Kepinski ~ dated March 21st 2010

If the solicitor does not have access to the database I do then please ask him/her to email me.

[largactyl1]

Hiya, that judgement is, as you say, totally inconsistant. I truly don't understand it. Being practical, a lot of chaps think anal sex might be a good plan while having sex, and a lot of women do not agree with this - and if you stopped that's the end of it surely. If you were found to be having consensual sex, which you were, surely any position is also consensual - until/if where individuals say "No" and then the other party stops what they were up to and then do something which pleases both parties. Crikey, I knew the law was a twisty turny thing but this is simply nonsensical.
Hope you get to appeal this
Kind regards
Jen

[Bigsister]

This verdit is infuriating. How do they come to this conclusion?

[BecomingNervous]

thank you for your help rights fighter, i will forward that on to my barrister and solicitor. If anybody else no of any others then please send them my way as I would be most grateful. Do people know if I can remain on bail whilst appeal is being processed or is that unheard of?

we were all gob smacked by the verdict.

The jury said guilty to the attempted rape before deciding on the rape (which came back not guilty), and at that point we thought that the rape would come back guilty too. But thankfully not.

Now just need to try and sort this "inconsistant verdict" out.

Thanks again

BecomingNervous