Any advice welcome please repeat accuser has ruined my life

[Rights Fighter]

He could attempt to vacate the guilty plea - but that has to be his choice. If that is refused he can attempt to appeal the guilty plea but it would take a lot of work, arguments and a good tail wind prevailing......

99% of attempts to appeal guilty plea fail.

[Casehardened]

also you are likely to have to sign the sex offenders register for a period of time.

Having had another look at the guide lines this only applies where the alleged victim is under 16.

[Rights Fighter]

I think it applies to any sexual offence

[Casehardened]

I think it applies to any sexual offence

TBH, I thought so too, hence mentioning it in my previous post.

However on page 109 in the sentencing guidelines (link in my previous post #45) is this paragraph:

6A.5 An adult (aged 18 or over) who is given any sentence (including a conditional
discharge) in relation to offences involving a victim or victims aged under 16 will be subject to registration requirements.4

3 [2003] 2 Cr App R(S) 15
4 Sexual Offences Act 2003, s.134

I took this to mean that if the victim is aged over 16 the registration requirement doesn't apply (though I accept that these are guidelines and the judge is not necessarily bound by them)

PS I should clarify for anyone else apart from Victimofaccuser, who might be reading this, that this exemption applies to the offence of the making of indecent images (so please check the guidelines to see what the requirement is for any other type of offence)

[Rights Fighter]

6A.5 An adult (aged 18 or over) who is given any sentence (including a conditional
discharge) in relation to offences involving a victim or victims aged under 16 will be subject to registration requirements.4

3 [2003] 2 Cr App R(S) 15
4 Sexual Offences Act 2003, s.134

There will be another bit that relates to rape of adults.......

[Casehardened]

There will be another bit that relates to rape of adults.......

I realised that I hadn't made it clear that the exemption from registration only applied to the making of Level 1 indecent images rather than any other type of sexual offence and went back & edited my post.

To make it absolutely clear(ish), from page 112 of the guidelines linked in post#45:

7. Registration requirements attach to a conviction for this offence dependent upon the age of the subject portrayed in the indecent photograph(s) and the sentence imposed.

[Rights Fighter]

Thank you kind Sir for that clarification....

[Casehardened]

Thank you kind Sir for that clarification....

I was wriggling a bitbut life is a learning curve

[victimofaccuser]

Thanks everyone

Im going tomo, i am more concerned with this register signing, than anything, i have refused to sign so far, and think as this girl has done this before, and lied, i will tell the judge if he insists on me being on register for a year or whatever, then he may aswell lock me up for the same period.
My stupidity is one thing, but my life has already been wrecked... Nothing he can do can make it any worse.
Thankyou to all, i am as solisitor says only 'technicly guilty', and i belive that and her lies will been mentioned in press, so i just dont want to fight anymore, but as i did not go out to comit a crime, she was harly inocent, ect ect, I just wish it all to end.
I will post the outcome, IF im arround n not banged up, lol.
Thanks again, im still blody depressed, but you haveall helped a little, and i shall stay in touch with details of complaint at them even charging me and 3 months remand when the blody knew she was a lier, they knew she had did it before

[largactyl1]

Hi, good luck for tomorrow. Would it be possible to emphasise that you are taking back the guilty plea to the photo because not only did you not know her age, but because when you said you were guilty you were clinically depressed and so your judgement was skewed? (Clinical depression just means you are being treated for depression with Anti-depressants).
Jen

[RFLH]

I hope all goes well for you tomorrow.

[victimofaccuser]

hi

Hi, good luck for tomorrow. Would it be possible to emphasise that you are taking back the guilty plea to the photo because not only did you not know her age, but because when you said you were guilty you were clinically depressed and so your judgement was skewed? (Clinical depression just means you are being treated for depression with Anti-depressants).
Jen

I was going to fight it, as she told me she was 18, har own ffriend backs this in her statement. However, later (after pics taken) she confessed that she was only 17, they say that that makes me tecnicly guilty, therefore i am kinda thinking to just go ahead with it, im to sick of all the ongoing drama, though i am concerned about what the press will say, as they already reported original charges of rape and obduction, as the girl lied....... my life, has changed becouse of this, although the press reported the following week that charges were dropped, its stuck, friends are not calling or answing texts, so can hardy get any worse. I have refused to sign the sex register so far, as i feel it is unfair, this girl targeted me, as she has done on 3 privious guys, and then told police she was raped... Its wrong, its unfair, but the law is the law, and little old me, has no chance of fighting the corrupt, pathetic, idiots, that seem a law unto themselves.
I jjust want it over, im under the doctor, and going to counciling, the only thing thats kept me going, though its come close a few times, is my family...
Thanks for your interest, but whatever i say, or do, they will do what they wish, simply becouse, THEY CAN

[victimofaccuser]

Note

It may just, have a slight bearing on things, that the police made a mistake, with my driving licence, 2 yrs ogo. I have battled to get compo for the 2000 pound car they crushed, a 600 pound car they crushed, and the 13000 ive lost in earnings since they essensually closed down, what little sole trading bussiness i had. I complained, its been upheld, but i cant offord a solicitor, so taking them to claim court myself at the mo..... Will i get my 13000.... I dout it very much.

The police, should never have charged me and remanded me for 3 months in prison, on a girls say so, when she has done it MORE than once before, same mo, not to mention, the stupid idiot, forgot, she was sobe, posing with a smile for pics, that she is recorded asking me to take, it wasnt even my idea,(on tape) yet she told police, she was drunk, woke up naked, and saw a camera......
Is that justice?????
my life over, is that justice?????

where is she tonight, i wonder..... onto her next victim ??????

they probubly arnt even giving her the 'help' she obviously needs, as she is either completly mad, or hates every man on earth, for a reson im sure, but when are they going to stop her ????? how many lives will be ruined ?????
I hate the law, I hate the police, there is no such thing as justice, unless as the bible says, an eye for an eye............

[victimofaccuser]

Last min thoughts

I have woken this morning, with it going round and round in my head.
I was told originally... That in english law, you are Not Guilty of any offence, IF at the time, (meaning i guess exactly the offence and when it was commited) you had reason to belive this girl was eighteen..
Now, I listened to nearly 2 hours of audio, though poor as rather than use original evidence and just unplug vidio, or face the screen against the wall !! tha police, first converted to dvd, then converted to audio. Each time loosing quality, let alone the GAPS at end of tape, the unexplaned silence gaps of 10 to 15 mins, in 2 or 3 places.
Now... During, I did Not hear the point, at which she confessed to being 17...
The police, Disalowed me to hear the last part of it, simply becouse i asked about the quality, as every word is to me 'vital possible evidence'
SO..... Is it mentioned on the audio???????
IF NOT, then, (as i said in statement following arrest) it was 'LATER' that she confessed to being 17
IF it is 'clear' that this girl ONLY told me 'AFTER' the actual images were made, then as i began with english law, HOW can i be Guilty, IF at the exact time, I DID NOT KNOW THAT SHE WAS'NT 18
To say 'As they are' .,.. That i am 'TECHNICLY' Guilty, becouse I found out and did not erase or delete.......... SURLY THE EQUIVALANT IS......
That I am without a doubt, 'TECHNICLY INNOCENT' in much the same way... arnt I ?
They rely, upon my mention when interviewed, I had been ill for 3 days, no food, pains in my stomach, (due to gastointervitus) (cant spell lol) from custody, i was unfit for interview, and taken in an ambulance, in hancuffs to hospital and treated for 5 hours, on a drip ect............ IM NOT SAYING I was completely Unfit for questions, But I was, ill, i was scared, i was arrested for rape and obduction for gods sake, and questioned with the thought that i was facing a 7 to 10 yr jail term, having ben told what this girl had accused me of.
AT NO POINT, was 'exact' time scale of age knowledge, mentioned or apparent that a criminal charge could later depend upon it... as at this point, i had no idea, there was to be such a charge of the image, the importants of concertration was clearly hard to 'recall' or 'even deemed important' at the time, as the interview was not for this offence.
AS It has now been 'proven', this girl 'lied', and she has done it more than once before.
I was at the time 'AWARE' of my inocence to such serious charges............
I was aware, that she had told total lies..........
I was aware, that she had done this to other men
WHAT was going through my mind at the time, was absolute, pure, terror, that I was going to Prison, for a crime I KNEW i had not commited.
SO when they asked me early on her age, I said she said it was her 18th party, then i quoted that she had told me she was only 17, not 18. ...... THEY have taken this, in that she made it clear to me, before the actual images were taken, ie i would therefore of knowingly gone ahead and broken the law...
But later in my statement, i also say, 'when we got BACK' she told me she was 17
THIS clearly indicates, that she told me AFTER the actual images were taken.
THEREFORE IF... As I was told, in law, you do not comit an offence, unless you KNOWINGLY .....ie have the knowledge at the exact moment in 'time' and continue to make an image irispective of such knowledge..... I DID'NT
Help, please, ive got untill 12 before i leave for 2pm court hearing, should i fight to change guilty plea,
as 1. i was unwell at interview, gastro.. coursed by stress, therefore I was clearly ill, BEFORE and im not simply making a claim to be ill now.. The proof is in the hospital trip.
2. There quotes from interview, are targeted to exact age at 'time' of offence, YET MY STATE OF MIND during interview, was Obviously more concerned, and seriously affected by such serious offences, at no point was it suggested a charge would or could depend on the importance of detail.
3. I have essentually, been 'refused' accsess to disclosure of evidence, in that my 'obvious serious concernes) over lack of 'quality' and 'gaps' in the evidence, led to them 'stopping' my permision to listen to it, WHEN all along, i have felt it absolutly nessasary, to establish, whether, she told me, on recording, in which case my claim is 'proved', or if it is NOT on audio, then it is 'clear' she must have told me AFTER the recording (as i stated in interview, later when we got back) in which case, the CRIME as such, for which i am charged, had already been commited, WITHOUT MY KNOWLEDGE that she was not 18........
PLEASE Help, It dosent seem fair,for this 'technicly' Guilty rubbish, When surly it could just as easy be said that i am 'technicly' innocent.

[victimofaccuser]

Court Today

Well folks, I arrived at 1.30pm for 2.00pm hearing, where i was due to recive sentance. I met with solicitor, and explained to him that i felt it was wrong, despite my not denying what events took place, I did not at that moment in time, have the knowledge that the girl was in fact lying about her age.
According to traditional english law, one must know or belive that they are commiting a crime whilst the crime is taking place....... I can honestly say, that as i had been fed so much talk about it being her 18th birthday, she even mentioned me getting her a card !..... That at the pricise time of offences for which i am charged, I did not know i was actually commiting a crime, so how on earth, or WHY on earth should I plead guilty, just becouse they had me 'sweating' in a prison for 3 months, then out of the blue the solicitor says, in 2 days, theyll drop the main charges, just charge you with possetion of an image, and youll go home..... Is it just me ? or are these people oblivious to the emotion, that went rushing through my body as the solicitor told me this news, I would of nodded, to almost anything at that moment in time, I was shaking, crying, and very much relived, one mention of going home, and the rest went in one ear and out the other.
So I told my solicitor, that i wished to 'vacate' my plea, the judge allowed this, and has instucted me to get another solicitor, and funds would be transferd.
So i have 4 weeks, to 'convince' the court, that i have reasons to change plea, and if accepted, it will go to trial.
I belive, that a jury that will hear the other side tell them i was there, i must of known, ect ect, and there term 'technicly guilty', however IF this is the case, they are forgetting in as much as i am technicly guilty, I AM ALSO 'technicly innocent' as i was unaware untill it was to late, the crime had been commited.
Another point..... Even IF finding out 'after' she was 17, DID I know i had broken the law ?????? WHY THEN Did I not get rid of the evidence ???? IF im such a cool calculated criminal.
The fact is, I did not know, If I did not know, then I am Not Guilty..........
But I have one hell of a fight ahead of me.......
Still, give you something to read, wont it, lol.