advice please

[Saffron]

I suspect that when your sol mentioned Crown Court she did not mean that the case would be tried in 2 months. You will have to make an appearance at Crown smoe time before the case is actually heard. It will probably be the PCMH (I think that is the Pre-Case Management Hearing? someone please correct me if I'm wrong!) and then you will be given a date for the actual trial.

The prosecutor's bundle is literally a bundle of documents which detail all the "evidence" the prosecution intend to use. It must be given to your sol by law so that you know exactly what you are defending yourself against. Your sol will also get the "unused bundle" which again is a bundle of documents/statements etc that the CPS do not intend to use. Often there can be things in the Unused Bundle that are very helpful to the defence.

As your case is a historic one, the main "evidence" is likely to be in the form of statements. Character is all-important in cases like this, so use your time constructively. Get as many people as possible to write character references for you - people who have known you a long time; your boss; family friends etc. If anyone can remember any whopping lies the accuser has told in the past, (and they must be provable lies) get them to detail those as well.

Hang in there.

[blowngasket]

many thanks saffron that explains why the sol is relunctant to give a vew at the police interveiw she did not think it would go anywhere has it was just her words against mine and also the time scale but has a couple of statements are attacking my character it seems to be giving her a bit of credibility to her. and thats why i have possibly been charged or it is possible they did not know what to do so just throw it into court and its off there hands its a complete nightmare i dont know how people get through my poor wife is beside herself and my duaghters who are grown up and had to be interveiwed even though they were not living with me at the time i have there support but i can tell on there faces its hurting them my wife lacks confidence in the system and his a nervous wreck and asks me questions i cant answer ie if iam not beleived what sentence could i receive i cant ask my sol has i dont want to apear guilty when iam not iam trying to be strong for her but my head is spinning i have looked at sntencingguidlines but cant make no sense of it has for character witnesses there is no one at the moment i can think of who iam still intouch with from over 20yrs ago so many un answerd questions my head is spinning thank god there are good people on here giving us a chance to get things of our chest many thanks for that

[Saffron]

Right, you need to take a deep breath and calm down. Your wife might find it helpful to join here as a member. Many of us have been in her situation, myself included. Knowing that she is not alone is probably the best help she can get.

Historical cases such as this are always tricky. Many genuine cases result in a Not Guilty verdict and many false ones end up with a Guilty verdict. There will be no physical evidence at all, so it will all come down to who is the most credible witness on the day - you or her. To this end, you must dress smartly (but not too smart, as you don't want the jury to think you are a peacock) and you must speak clearly and with emotion. My hubby fought to keep his emotions private, whereas the accuser wept copiously - the judge even got a clerk to hand her tissues, which in my opinion reinforced her "victim" status. Make sure you answer all questions firmly but civilly. Look at the jury, but don't ignore the barristers either.

But all this is for the future. There are many hoops to jump through before then, so try to stay calm.

Without wishing to scare you, the maximum sentence for rape is Life. However, this is only enforced in extreme cases. Most result in sentences of between 4 and 10 years for a single rape. (again, I am happy to be corrected by others if this info isn't correct!)

Hang in there. Talk to your wife and daughters about this site - they may find it useful.

Finally, (and please don't be offended by what I am about to say) it would be very helpful if you could put paragraph breaks in your posts. It makes them much easier to read. I know you are probably typing as you are thinking, in a "streams of consciousness" way, but reading a whole chunk of text is not easy. Paragraphs make it far easier to comprehend.

Keep coming back

[help-please]

Blownagasket , with this happening over 20 years ago , how old would you of been at the time of the alledged situation ? as this could have a bearing on your defence.

[blowngasket]

hi saffron
Thanks so much for all your advice and i will now take a deep breath and take one day at a time.

iam going to suggest that my wife joins the forum has i have been in a bit of a panic i only realised saffron when you gave the sentencing for rape that the allegations against me is not rape but of another nature i hope this does not bar me from the forum
also not sure how much detail to reveal on a public forum could i name the alleged crime but without to much detail once again many thanks

help please i was in my 20s so dont think it will help but thanks for thinking of me

[Boys don't cry]

Hope

Just for your information you will first go to Maj court just to tell your name,address and date of birth.After around 3 weeks to one month you will have to go to the crown prosecution court when they will ask you again if you are really the person stated and you will meet your barrister.
This is what happened to me today.I am probably like you and wander "what am I doing in court?",
I asked the barrister and he told me the worse scenario is 2 and a half years,the best would be my favorite option:freedom.
Just keep your fingers crossed,you can't change the past but just hope for the best.
I know that it is an easy thing to say but I am living nearly the same situation.

[blowngasket]

thanks hope when does your trial begin ? i hope you get the correct decision and go free

not seen any of your past post so iam guessing you have read beetween the lines and worked out what my charge is if not pm me good luck and wish you all the best

[Boys don't cry]

Trial

The barrister told me that I must go back to court in November
and the trial will be next year.
2011 have been the worse year of my life so I am praying to see the light in 2012.
If you want to readmy post it is:"A negative post,help please!"
Best of luck for us all.

[blowngasket]

i hope all goes well i will look for a good post from you in the future all the best with it

[Saffron]

You don't have to have been falsely accused of Rape in order to be a member here, so don't worry. My husband was wrongly convicted of indecent assault, although he was originally accused of rape (the accuser changed her mind!) IA carries a sentence of up to 10 years; my husband got 12 months.
I will keep an eye out for your wife and offer her as much support as I can. Hang in there.

[blowngasket]

thanks saffron 10yrs seems a lot i thought rape was a worse offence and one guy only got 3 yrs in our local paper

thanks for your support my chin is slowly getting higher thanks to people like yourself on here
at the moment i cant think streight but once this is over i will concentrate on how i can help others get through this nightmare

many thanks

[Saffron]

Rape is a worse offence - the maximum sentence for rape is Life.
Sentencing varies enormously and depends on many factors, all of which are individual to each case.

[blowngasket]

thanks saffron
to try and move on iam thinking on the positive side but be aware of the worst i must fight and not roll over

thanks for support

[blowngasket]

i have been speaking to a family member who has jogged my memory on a few things
on my origanel interveiw i denied them has i did not remember i was scared stiff in the interveiw has i had never been in trouble with the police i was just advised to answer yes or no to questions.

i now have remeberd more has my brain is working overtime to recal has much has i can would the jury accept this or will the prosicution go for the jugular now worried iam sank before i start i cant remember every detail of family life from over 20yrs ago

[Saffron]

Remembering more when you are not terrified and in front of a policeman asking you questions about untrue allegations is perfectly normal. Write these things down as you remember them and give them to your solicitor. I don't think anyone would be surprised that, having taken a step back and calmed down a little, fresh recollections have come to mind. After all, you are being asked to think back 20 years - I can barely manage to think back to last month sometimes!
If these recollections are helpful to your defence, do NOT under any circumstances, hand them to police. They will ignore/lose them and in the worst-case they may even re-interview the accuser, who can then change her story, claiming the "trauma" caused her to make a mistake.
Good luck