guilty

[janerose]

Son's trial

Hi Kanday I have just read all the posts and am trying to get as much info as I can because as my son's trial commences on Monday for sentencing I am prepared for the worst. The jury asked the judge if the charge could be change to 'consensual sex with a minor' and that was how it was left on Friday. I am not too sure what happens next as my son does not want to plead guilty to any charge. I think if he gets found quilty for rape he is looking at a sentence of 7 to 8 years where as the other charge would be less....thats what I think. I am going to court armed with a bag of things for him from the list this site suggusted. I would love to chat more to you and the other mother who's son was inprisoned (sorry I forgot your name). Perhaps you can send me your email addresses on here as we could all support each other through these dreadfull times

[Rights Fighter]

Sorry - no email addresses are allowed on here - this is a public site and anybody could make use of any such identifying information. You can send her a PM and put your email address on that

[Rights Fighter]

Kanday I have sent you a private message.

[LS]

Janerose
There's no such thing as "consensual sex with a minor." Minors cannot consent, and it becomes statutory rape, or the catch-all "sexual activity with a child."

Back to Kanday's thread....

[janerose]

Son's trial

Now I am baffled. That was definately what the jury asked if the charge could be changed to. They obviously don't beleive the 'victim' who said she was raped but on the other hand they don't beleive my son who insists he never touched her. Not quite sure how much I can say on here so could you private message me with any thoughts on this

[kanday]

Thank you rights fighter i have replied, I don't know what i'd have done without this site and i hope in time i can offer some advice and support for others who are in the same position.

[gem]

re guilty

Now I am baffled. That was definately what the jury asked if the charge could be changed to. They obviously don't beleive the 'victim' who said she was raped but on the other hand they don't beleive my son who insists he never touched her. Not quite sure how much I can say on here so could you private message me with any thoughts on this

just thought add some thoughts here.during my son.s trial they did offer my son a deal though i can,t remember what the deal was. something like unlawful sex or something like that. the sol said it was because the prosecution never had a strong case so really they just wanted a conviction of some sort.my son refused most strongly as he had never even had sex with her .well you know the rest guilty and unless we get the appeal . my son is on the sex offenders register for life now which in itself is like another prison sentence.i think it is unfair to put that type of pressure on them.my son thought he was going to win so what do you do ..

[LS]

Yep, that's what they tried with me too while we were on breaks for lunch etc. The CPS barrister would approach my barrister and ask them to ask me if I would plead guilty to the lesser charge, they would drop everything else.
I told them where they could stick it, and how far up.

As Gem said, they just want the conviction, and to hell with whether the defendant is actually guilty or innocent. Once you have pleaded guilty to something you are innocent of, you are stuck with the label that you therefore are guilty and did the deed because you admitted so. Never mind that you may have admitted to it just to get a shorter sentence etc.

[gem]

guilty

well said LS i did ask my son a few weeks after his sentence, if he regretted not taking the lesser charge, and he said never in a million years would i do that. i never done it and i will shout it from the roof tops .. enough said ......

[kanday]

It makes me sick, people were telling my husband to run but he said no way am I doing that when i have done nothing wrong, we really belived he would be ok, even the cps barrister looked shocked when he was found guilty, his closing speech was rubbish because there was so many things wrong, then the judge did his in depth summary and made her case stronger making excuses for her mess ups it. was dreadful I really think it was everything he said that made the jury go the way they did. I need to find a new sol to look at appeal, do you only get 28 days to do it?

[gem]

guilty

hi i do know we are over the 28 days my new solicitor said that is ok
our barrister ignored new evidence we brought forward .reg our sons medical cond ition yet he had a cheek to put on the written advice of appeal if we want to appeal with new counsel we need to prove my son.s condition ......well he could have done that. he could have got a medical sorted and stopped the trial but no as rights fighter said they are paid by the case now, and not the hour . he huffed and puffed all the way through the trial moaning about this and that .. it was my sons life he was dealing with for gods sake .. rant over

[Rights Fighter]

A case I helped with - he was convicted in 1998 and the appeal succeeded in December last year so that 12 years out of date - however there were good reasons for that plus the fresh evidence was only recently established.

My first success was three years + out of time. We had to provide a detailed chronology as to why it took that long.

"I couldn't face it" is not an acceptable reason neither is "I was told there were no grounds". CA would ask "why didn't you try elsewhere?"

The applicant has to be seen as pro-active in trying to appeal.

Kanday is now being advised privately but will I am sure stick with this forum to support others.

[RFLH]

I shall probably catch up with Kanday 'on the other side' then!

[kanday]

Wow that is a long time was the sentence finished by then? I want to get things moving asap for hubby and know he will feel same, Yes i will remain on here and hope i can offer help or support in anyway, I'm putting my little men to bed now then my glass of wine is coming out and i'll be reading any advice i can on there for how to fight for him and our family

[Rights Fighter]

He was out in 2004 I think. I took possession of the paperwork in 2005 and tried a few sols but they all said no grounds. I refused to believe them and sent it to the CCRC myself. I nearly fell off my chair in April last year when I had the call to say that it was being referred to CA. It was heard and succeeded on December 2nd last year.