Falsely accused friend

[twistedlaw]

Hi everybody im new to this forum, I have had a look through some of the posts and some are quite informative. I wonder if anyone can help me, a friend of mine has been falsely accused with having sex with a 14 year old he has been charged by the police and attended the magistrates court and has to go back again to receive a date for crown court.

Should he be getting character references and witness's before he goes back to magistrates court or does it all happen at crown court?

Could anybody tell me what a solicitor should be doing now to build the defense or is it all left to the barrister?

[Casehardened]

Hi,

As this is a serious case (presumably the charge is of rape) the magistrates will have no jurisdiction apart from committing the case to CC. They will not therefore hear any defence evidence though I imagine both the prosecution and defence solicitors will put forward various legal arguments at his next appearance.

As for the question of who constructs the defence, my personal opinion is that it should be the accused person! Once he has been charged he should get view of the accuser's statement and as he is probably the only participant in whatever did, or didn't, happen he is best placed to pick holes in the statement.

A good solicitor should be able to tell him what is or isn't admissible as a defence or indeed what is best left unsaid!

A barrister is sometimes referred to an an advocate, which I believe is Latin for 'a voice', i.e. his role is to put forward the legal arguments and defence evidence in a reasoned articulate manner and to challenge the other side's arguments, rather than create the defence.

The point is that the defence team are doing their job but the accused has a very personal interest in winning the case so should be extremely pro-active. Both solicitor and barrister will certainly be dealing with lots of other clients so can't put as much thought into the case as the accused can (he is unlikely to think of anything else!)

It is highly recommended on this forum that anyone who is falsely accused instructs a solicitor who specializes in these sort of cases, if so I guess it would then be preferable to let him lead the defence strategy.

[twistedlaw]

Morning,

Thank you for the information it has cleared alot of questions up for me. The best step now then, from your advice, would be for the accused to start building his own defence by contacting people for character witness statements while also gathering any other evidence that can help?

For the case I cant say much because this is a public forum however as far as we know the only arguement and evidence the prosecution has at this time is the word of the 14 year old step daughter

The defence's case includes witness's from all the 14 year old step daughters family, including mother, and also possible statements from professional people if they agree.

[Casehardened]

The best step now then, from your advice, would be for the accused to start building his own defence by contacting people for character witness statements while also gathering any other evidence that can help?

This is what I would do, but obviously this course of action may not work for everyone, some may prefer to leave it all to the legal team. It's just that the accused person has only his case to think about and concentrate on whilst the solicitor will have several on the go. It would still be the solicitor's job to draft the defence statement but it's useful to provide him/her with all the available ammunition to put in it.

Obviously the solicitor won't know who will be prepared to be potential character and defence witnesses, so it would be necessary to give him/her their contact details, but it might be better to allow them to extract any statements.

The guiding principle is to be pro-active in the defence, rather than just hoping for the best, apart from anything else its helps to cope with the waiting.

[Casehardened]

You may get more replies and advice if this thread were in the 'Falsely Accused' section; if you like it moved, please say & one of the Mods will oblige.

in the meantime some more thoughts about the defence strategy:

QUOTE=twistedlaw;17434]

For the case I cant say much because this is a public forum however as far as we know the only arguement and evidence the prosecution has at this time is the word of the 14 year old step daughter

[/QUOTE]

As the accuser is a family member presumably at some point she and the accused were living in the same house so there would have been opportunity for the offences to occur and this makes it more difficult because the defence has to establish that on the balance of probabilities they didn't occur.

Did the girl give any specific dates for any of the offences or was it a broad sweep 'between xx/xx/xxxx and yy/yy/yyyy'.

If there are specific dates (and a decent OIC would have pressed her on this point!) were any of them within 14 days of the accusation being made? If so, forensic DNA evidence is crucial and can make or break the case.

Far more likely is that all the alleged offences are historic (more than 14 days) and then the only evidence is the accusers word. The strategy then has to be to cast doubt on the accuser's veracity. Again, if there are any specific dates, and the accused has a cast-iron alibi for any of these, consider together with the legal team whether to spring this as an ambush during cross-examination.

If there are no specific dates, from personal knowledge of the accuser, if she has prior 'form' in exaggeration, lying, arguing, etc try to bring this out in cross-examination.

Try to establish a motive, again best determined from personal knowledge; resentment for her father being replaced in her mother's life? attention-seeking for victim status? deflection from other problems in her life? financial reasons, compensation needed?

Basically the defence has to show the jury reasons for them to believe the defendant's version of events over the accuser's.

[Saffron]

Hi and welcome
I can't add anything to CH's excellent advice, but I have moved this thread to the FA forum so that more members will see it and respond.

[twistedlaw]

Hi,

Thank you for the information it has been very helpful and I have passed it to my friend.

In answer to your questions this is an historic case the only evidence is the word of the 14 year old, there is no DNA or anything else. The accused has been charged but has no bail restrictions and is also allowed to see his other children in the presence of a 'minder'

I was hoping someone could help with a question I have regarding social services.

Social services are trying to bully the mother and other children into having a relationship with the 14 year old, even though they know the mother doesnt believe the allegations against the accused. Can social services force this, they have implied that they could take the other children away from them if the mother doesnt agree? Surely this isnt right, or legal?