Ten days to go

[daki]

I have been reading the posts here since march,I have been very happy for every one that got their nfa

my situation is being a body builder I normally dont drink as I am on steroids,as well as taamoxifen and chlomophene,I went on a night out with two mates one which was my flat mate got on it hard and cos of the drugs got really battered so i left to go home got home and went to bed in the morning went to be sick and get some water still very drunk i ended up in my flat mates bed thinking it was mine I dint know i was in the wrong room and there was some one in the bed room was dark cos there was loads of things hanging on the winddows she thought i was him so put one of my hands on her breast at which point i froze as i couldnt remember bringing anyone home then she started saying i had raped her and she would have me killed she had dad sex with my flat mate and thought i was him

i tried to apologise and explain i was really pissed she wasnt having it my flat mate had gone to the bathroom so i went to get him but he was late for work so he left her there and went to work the other guy was in the living room with two girls and i went to get him to calm her down too they had all been drinking heavily

i rang the police and told them what happened but they said not to worry as she hadnt complained

i had driving lessons but the driving instructor wouldnt let me go as he said i was too pissed to drive this was an houur later

i kept ringing my flat mate and texting him to sort her out he later text back saying he did and she said she wasnt going to do anything

that night around one am i got arrested and questioned and have been rebailed 4 times and due to answer bail again in 10 days

i am in agony my phone has been seized i went through the texts with the police was called in once to say what drugs i was on

What are your toughts?

[RFLH]

from what I've read and heard about taking steroids, they do seem to say there are side effects to them. Have you ever been to a doctor about them? If so, that may help.

You did the wrong thing about contacting the police - but I don't think you need me to tell you that!

Are the drugs you are taking prescribed?

As the girl and her boyfriend had had sex - if she had undergone tests by the police, then DNA would prove if you had had sex with her also.

What charges have been mentioned?

[daki]

thanks for the reply,she told me i raped her and she later called the police herself and told them that i digitally penetrated her.i havent been charged the police where intrested to know if i called 999 to contact them.the drugs i am on were not prescribed by a doctor but are prescripton drugs i got them from the fitness shop like i told the police used for treating a side effect of steroids with swollen breasts

the bloke was not her boy friend but was a one night stand and they did have sex,i didnt touch.

I have had a migrain once after a night out and i had to call the ambulance it was a side effect

[daki]

Ten days to go

Got charged with assault by penetration and sexual touching. I have been to magistrates. First day in crown court in December.

I'm sorry to read this. Have you got a decent solicitor on your side?

i dont understand if you did not touch her how caan they charge you with the penetration bit surely they must need dna for that

No DNA is necessary. The only evidence necessary is the word for the complainant and who she or he told after the alleged assault.

sorry i dont understand

if she says it was penetration yet there is no dna does it not prove she is a liar
im more confused now then ever before and i am really fearing the worst for my husband im sure he is going to get sentenced for something he definatley did not do.
i know in my hubbys case there is dna as he has not denied the action but is of course denying he forced her.

why is the law so different in these cases its absolutely absurd no wonder innocent people are found guilty

I can see no detail to the background of the OP's story so have no idea:

• .....when the alleged penetration was supposed to have occurred
• .....what part of his body he is supposed to have penetrated her with
• .....where on her body she alleges she was penetrated.

If the alleged assault was reported days/weeks/months after the alleged assault then there would be no DNA.

If it was reported immediately afterwards then if she had urinated and wiped herself clean (if it is her genitals he is supposed to have penetrated) then it is entirely possible that there would be no DNA.

Without more detail I cannot comment. I can see that the OP has been edited so it's possible you have all seen more than I have.

He started another thread - http://www.daftmoo.org.uk/mooforum/s...o-go&highlight=

What is the point of having more than one thread in relation to the same subject?

Had a quick look - no mention of how long after the alleged assault she went to the police so still can't help.

I shall merge when I get to it!

[NOHOPE]

sorry it may be me that is confusing things. im worried about my husbands case and she did go straight awa y so there must of been dna and also dna on his finger ( makes me sick saying that ) but i think our best defence as he is innocent of course is to prove a motive and to make the jury beleive that he thought without any doubt that she was consenting, it only lasted a few seconds before he poushed her away and saidd no i cant do this to """" (my name) and i thibk thats what caused her to panick knowing he would tell me and what this meant for her. but i have read even though she does not say no does not mean she was consenting its all so confusing. god help us

[Rights Fighter]

Whose thread is this now? The "merged" post is now totally confusing to anybody reading it for the first time as they would never know who is saying what and to whom.


I'll answer Monty:

Digital penetration and DNA: Why should his DNA be inside her if it was a finger?

a) not enough DNA from a finger to make any sort of definite match - not necessary in Monty's hubby's case

b) did he not have time to wash his hands prior to arrest? No visit to the loo and washing of hands? Not relevant in Monty's hubby's case in any event.

c) even so, he has admitted that he digitally penetrated her so it is just an issue of consent, DNA is not a part of the defence and would only prove something happened which is already agreed by both parties.

As I said it is unlikely that digital penetration would leave any form of useful DNA evidence from male to female in any event even if the act was denied - in this case it is not.

[NOHOPE]

thanks for that

you do make things so much clearer. so basically he has to prove he really had no reason to think she did not consent and her motive for making up such lies

her groaning while it was happening and her pure terror of facing me in work but doesnt seem like a lot to keep my hubby from bring found guilty especially after reading other peoples storys

[Rights Fighter]

How he comes across in the witness box is really important. The jury will be directed to look at the defendant's demeanour in the dock and giving evidence. Hopefully his solicitor/barrister will offer him some sort of role-play before the trial.

[NOHOPE]

thanks
but how sad is the british justice system if thats what it comes down to. what a complete waste of tax payers money no wonder the country is in the state it is in.

[Rights Fighter]

It's one that really should not have been proceeded with on the basis of what you have said.

I have been helping with appeals recently and the solicitor has said in the Advices on Appeal that many of them should never have got to trial. that's the problem - Crown and police are under heavy pressure to increase rape/sexual assault convictions so they will push through anything that is fair game.

Which county are you in?

[NOHOPE]

greater manchester. not even been to magistrates yet and so we have not seen any paper work but i need to know what is what and not just rely on system and jury as looking on this site they convict innocent people there is a lot more going on but dont want to say to much as it is a public site

[Rights Fighter]

Barrister Mark Barlow is the one to try for. He's in Garden Court Chambers, Manchester

Only your solicitor can instruct him - a client cannot contact him directly.

[NOHOPE]

our solic has already said they have 4 that work at the practice but because it is a sexual offence they use a specialist one but didnt say who so can i ask my solicitor to ask this one

[Rights Fighter]

You can say that the barrister of preference is Mark Barlow. He is very well known in defending contested sexual offence cases. Just Google him and see what comes up and show the solicitor. The client should be able to request the barrister of his choice, if that barrister is available.

[NOHOPE]

thank you i will do that