how did we end up here?

[butterfly]

Hello everyone

I never thought in a million years I would find myself here! But here I am and would like to say a big thank you to everyone that has hi-lighted the plight of many wrongly accused (my partner being one). His trial was a complete farce he admitted that he slept with the woman had even been in a relationship with her many years ago but a few days after their last encounter she shouts rape. The long and the short of it is he was sentenced to 5 years Monday just gone and I really don't know where to start with an appeal, who to turn to for advice. I know he shouldn't of cheated on me but in reality who's perfect?

[IvorBinWronged]

Really sorry to read of your situation.

Just reading the way that you have written the above leads me believe that you might be in shock. Go and seek medical advice right away. You are no good to anyone (nor yourself) if your mind is unwell. From there you will have a better starting point. Good luck.

[gem]

welcome butterfly
you have come to the right place for advice.
their will be plenty of people who will comfort you and advise.
i am in the same boat as you my son got 7 years in June.and we are currently trying for an appeal. is their anything that was not used at the trial that you think could be useful for an appeal .as you will need evidence that was not used at the original trial
or fresh evidence you can come up with.what did the barrister say at the trial .about any chance of appeal . their will be others along shortly who will give you plenty of advice .really sorry for your plight ..

[butterfly]

Thank you

With regards to being in shock I think anybody would be! I'm a strong female who has no doubt as to why this person decided to abuse the system for her own personal gain ( 11k compensation ).I know I wouldn't be any help or support to my partner if I was indeed unwell but fortunately for him and myself this is not the case. I've known my partner for over 7 years and have been aware of the accusation from the moment it was made (6 months ago).

[butterfly]

hello gem

His barrister put it to the judge that there was no case to answer but still they went ahead, certain aspects where withheld and i have spoke to another witness who had to be summons to court as he told the OIC this is a complete fit up at which they laughed and said they didnt want to hear that! So yes things that were swept under the carpet are coming to light and i have informed his solicitor of all new developements.

[gem]

hi butterfly
is the solicitor an expert on these cases .only asking because in my sons case we thought that the place where the alleged rape took place would have been used, it was important if anybody had bothered to go and check it im sure it would have thrown doubt on her story. don,t want to say to much as we will be using it for our appeal .the duty solicitor and rubbish barrister didn,t even bother to go to the place or even take the jury their, even though i told his solicitor several times they never even used it in court . make sure he uses everything you and your partner give him i would love to turn the clock back 18 months i would have certainly done things differently. i trusted them all including the police . and yes we are all in total shock when we come looking for help on this forum .. the members are brilliant .certainly helped me in my countless hours of need .

[Amre]

I know he shouldn't of cheated on me but in reality who's perfect?

He told you what happened. Alot don't even bother. Regardless of the circumstances, you stood by him and thats that. You are both adults and its no one else business. You do not need to justify yourself to ANYONE. Its done, put it out of your mind, its not healthy to always keep that thought lingering. Yes, what he did was wrong, but that doesn't make him a rapist! Its not even on the same planet.

I'm sorry this has happened to him and to you. Its not right and it shouldn't be happening. But you can take it one day at a time, face each issue as it comes up, and most importantly look after yourself. See a doctor if you think you need to. Shock can really mess with the head. If you have someone to talk to this can help, but sometimes its easier to talk to a stranger, pour your heart out then never see them again. I doctor can help with that. There is a wealth of knowledge on here and there are wifes, sisters, mothers, fathers and brothers that ur in your shoes that you can talk to. Some really lovely genuinely caring people that will help unconditionally and honestly. Few smarty-pantsy law minded types too that are invaluable. There's one that has a unhealthy and delusional attachment to Johnny Depp, Id stay away from that one if I were you

[Rights Fighter]

hello gem

His barrister put it to the judge that there was no case to answer but still they went ahead, certain aspects where withheld and i have spoke to another witness who had to be summons to court as he told the OIC this is a complete fit up at which they laughed and said they didnt want to hear that! So yes things that were swept under the carpet are coming to light and i have informed his solicitor of all new developements.

What did trial counsel have to say in relation to grounds for appeal? Your man is entitled to a document which is an "Advice on Appeal" which outlines whether, in Counsel's opinion, their are grounds, or not. And why.

Once you have that you can then decide where to go form there. It seems that you are remaining with trial sols at the the moment.

[butterfly]

Hello RF

At the moment we are still waiting for counsels advice on what grounds we can appeal i think from what I understood in court last week it was lack of conclusive evidence. Trial counsel did say that once he has given us his advice on appeal we are free to approach another solicitor,so once we have this we will have a better idea of what we are faced with. My partner has sent me a letter with a few solicitors names but i've been googling like crazy to see who the best would be to go with.

[Rights Fighter]

At the moment we are still waiting for counsels advice on what grounds we can appeal i think from what I understood in court last week it was lack of conclusive evidence

That's not a ground with which to appeal. One potential ground could be that the judge erred in not removing the matter from the jury.

Check out the solicitor in my signature

[butterfly]

Thank you RF will do that, they was on my list to approach. I'm going to contact his current solicitor tommorw and see if they've received the paper work we need.

[Rights Fighter]

At the moment I can't get involved as I am working on another application that was refused by the SJ (Single Judge) for leave to appeal so I am trying to get this before the full court for leave........

Ring the sol I work for and tell them you are referred by somebody who runs an online false allegation support group - they will know who you mean