Not long to go now.

[Rights Fighter]

More helpful links relating to Kepinski


http://www.thelawpages.com/court-cas...ski-6525-1.law


http://www.bbc.co.uk/news/uk-england-northamptonshire-12810135


http://www.northamptonchron.co.uk/ne...peal_1_2522694

Pass these on to your solicitor asap. they may well already know about this case but if they do not, then this is probably the most recent one that will help.


When are you up for sentencing? It is possible to get bail pending appeal in these circumstances - but anything can happen.


I have sent you a Private Message.

[worriedfather]

I remember this, the man was found guilty of one count of rape and not guilty of 2 others, court of appeal said that the judgement was perverse and dismissed the guilty verdict and he was released.

[BecomingNervous]

well my barrister and solicitor are saying that I should expect the worst and come prepared with my belongings for prison. They have said that they will be asking for a suspended sentence to be considered.

In regards to appeal, my barrister is saying that it is up to the defense to prove that the verdict is not logical. However my barrister is saying that there is logic behind the verdict. The logic being that the jury agree that no rape took place but they think that I took the sexual intercourse too far when i changed position for anal sex and tried to penetrate.

I can see the logic however as soon as the accuser said no I stopped, I didn't try to carry on at all. This is what annoys me as in my eyes for "attempted rape" I would have had to have continue to try after she had said no, which is not the case.

I am pretty annoyed and gutted to be honest. The whole system is an absolute farce.

[Rights Fighter]

What did they say about Kepinski?

You will need to make sure the judge knows you wish to vacate the guilty plea

[BecomingNervous]

Hi,

My barrister didn't even mention the case that i forwarded to them, however I need to email them back so i will be asking them. How do I go about making sure the judge knows I wish to vacate the guilty plea?

Thanks
BN

[Rights Fighter]

Tell the usher that you wish to address the judge. Tell your barrister that you have done this.

If the barrister still does not mention it then stand up and (politely) say that you wish to address his Honour and look to the usher so he or she can confirm you have requested this.

You then tell him/her that you have instructed your barrister that you wish to vacate the plea but has ignored your instruction.

[Casehardened]

Hi,

How do I go about making sure the judge knows I wish to vacate the guilty plea?

I'm a little puzzled; if you'd entered a guilty plea why was there a trial by jury

[BecomingNervous]

Just to clear things up.

I was found guilty of attempted rape by a jury, I was also found NOT guilty of rape by the jury for the same sexual encounter.

[BecomingNervous]

well finally this is all over.

I ended up receiving a 3 year community order and put on the SOR for 5 years

Not great in regards to the fact that I did nothing wrong but its an amazing result given what i was against.

Great relief is felt!!

[Rights Fighter]

You don't get a community order for a contested attempted rape. There is more to this than you are telling us but that's ok. You're ok and you are not in prison.

[BecomingNervous]

the judge made it clear that it was a one off. There is only one other known case where a community order has been given and that was in the case of "Miles" in 2007.

I can assure you that a community order to sit a SOTP course and 5 years on the SOR is all I received.

We all feel that the "attempted rape" was the wrong charge following the rape charge, as the offence as it read did not follow the form of an attempted rape. As I explained in earlier in my post, this was purely a position change during sexual intercourse so was within seconds of the "rape" charge.

Myself and my legal team were also in disbelief with the sentence.

The judge commented on how he never thought that during his career he would give a community order sentence for an attempted rape offence.

BecomingNervous

[Rights Fighter]

I can assure you that a community order to sit a SOTP course and 5 years on the SOR is all I received.


BecomingNervous

For the judge to have given a community order with the proviso you undertake SOTP suggests you have agreed to do SOTP. for this to happen you have to admit guilt and show remorse.

I will check sentencing guidelines on this as it might help others providing they do not have to undertake SOTP.

[BecomingNervous]

I didn't know that I could say no to doing it.

I wasn't given an option, just told that i would have to do the SOTP. I will update with the relevent information to let you guys know what exactly the course is.

[Rights Fighter]

Some of us on here already know what the course is.

Two guys I am supporting who have recently been released from prison have be told by probation that they MUST undertake SOTP (outside it is called "Good Lives") or be recalled.

One called their bluff and is supported by a prison law solicitor - and he's not going back to prison.

Last night I spent a couple of hours producing an argument for the 2nd guy which he has faxed to his probation office this morning, and it seems that this afternoon, after reading it, the officer has had a personality transplant and has changed from being a verbally threatening pillock to a reasonable person. At the moment our guy is still walking around on the out.

Last year one guy who was terrified of being recalled had to sit in on SOTP (but refused to take part) in "Good Lives". I spent a good few hours producing arguments for him to use so that when he was "in the chair" he read from it and handed out copies which stated that he was there under duress of threat of recall, that he was innocent, no crimes had been committed by him against his accusers and that he would maintain his innocence forever.

He was not invited back to the 2nd stage because he would not play ball.

Because you have agreed to do it, there will have certain repercussions, one of which is that you will have to admit guilt to the group and you will have to put yourself in the place of the victim.

Had you refused you would be sat in prison now.

You have never told us whether you did in fact manage to vacate your guilty plea.

[Rights Fighter]

It seems that the minimum sentence (starting point) for rape is 5 years. For attempted rape this would depend on the circumstances and aggravation (weapon used; threats etc) but would start around three from what I have found so far.