character witness at rape trial

[karen]

My brother has been falsely accused of rape and the trial date has been set. The whole family is sick with worry as there is always the possibility that he could be found guilty, although we believe and support him 100%. I was a victim of rape a couple of years back and fully support my brother as he supported me through my ordeal and I know that he is innocent of the charges (believe me I would not stand by him if there was any indication that he was capable of such a terrible crime.) What worries me is the way that people automatically believe the accuser in these cases, mainly because their testimony is so emotive and people fail to consider that it may be a false accusation.

As the trial draws near I have flashbacks of my own ordeal. I am due to attend trial as a character witness for the defence but worry about the emotional impact this will have on me and my family. Can the details of what I say in court regarding my rape be made public? Some of my family and friends are unaware of my ordeal and they are already suffering so much stress due to my brothers trial.

Can anyone give me any idea of the procedure in court, am I allowed to attend the rest of the trial, will i be questioned towards the beginning or end of the process etc?

I know that my brother is innocent, family ties aside.....for that reason I want to contribute. I feel an amazing anger against false accusers and real rapists and an enormous empathy with the true victims of rape and those who have been falsely accused. I am increasingly worried as the trial gets closer and would welcome any advice that anyone can offer.

p.s. is there any way of finding out if the accuser has made these types of allegation before?

[Rights Fighter]

Hi Karen

If you give evidence about your past experiences while you help to defend your brother and there is a press reporter sitting in court, then it could be publicised. You could ask the barrister to ask the judge to order that it be omitted but that does not mean to say he/she will agree.

Defence witnesses are the last to be questioned (examined and/or cross-examined). You will not be allowed to sit in the public gallery until you have given your evidence.

RF

[karen]

Thanks for your reply. I wanted to attend the whole trial as support for my brother but from what you say I cannot be present. I didn?t really want my details made public but I intend to support my brother as I KNOW he is innocent. My sympathy goes out to all the families who find themselves in this situation.

[Saffron]

Good luck Karen.

I hate to say it, but the jury will almost certainly believe the accuser over your brother. As people, we tend to judge people by our own standards, and as most people would never dream of making a false accusation they cannot imagine anyone else would. There is a common feeling from jurors that "something must have happened, otherwise she wouldn't be here today". Add that to the fact that she will be allowed to give her evidence from behind a screen or via videolink, and her testimony becomes even more emotive: she is so "traumatised by the attack" that she can't even face her attacker in court. The presence of screens immediately gives her victim status.

Having said that, I would imagine that your testimony as a rape survivor would be very compelling, and may turn the tide of opinion. I think you are very brave.

please let us know how you get on, I will be thinking of you.

Big Hugs.

[karen]

Hi Saffron,
Your response made me cry but I think it is just an emotional release of all this stress. After all that you have been through it encourages me to stay strong although that does not remove the fear. It is so sad to see the number of people who are dealing with the aftermath of rape or a false accusation. Whilst the police and official reports quote statistics we seem to forget that behind every statistic there is an individual account which affects all involved as well as their family and friends.
I have to say that this site has been a great support and although scared witless about what may happen at the trial I would like to thank you and the others who contribute - it helps to know that other people have come through this suffering and that life goes on.

[sad person 6]

I feel really sorry for you as i have just gone through this with my brother as saffron said she is behind a screen everyone feels sorry for her and the poor defendant dont stand a chance.I hope you have better luck than my brother he is now awaiting sentance in prison.Good luck

[schnoo]

All the best to you, your brother and the rest of your familly karen.

You are very brave. Your brother is a fortunate guy to have a sister like you.

Just do your best, no one could ask more of you.

transatlantic hug. : )

[Saffron]

Originally posted by karen@8th August 2005 - 11:59 AM
Hi Saffron,
Your response made me cry but I think it is just an emotional release of all this stress. After all that you have been through it encourages me to stay strong although that does not remove the fear. It is so sad to see the number of people who are dealing with the aftermath of rape or a false accusation. Whilst the police and official reports quote statistics we seem to forget that behind every statistic there is an individual account which affects all involved as well as their family and friends.
I have to say that this site has been a great support and although scared witless about what may happen at the trial I would like to thank you and the others who contribute - it helps to know that other people have come through this suffering and that life goes on.

Quoted post

Hi Karen

I'm sorry if my response made you upset, it was not my intention at all.

I spent the run-up to my husband's trial honestly believing that the jury would see the ridiculousness of the allegation, but sadly they did not. I was devastated when they returned the guilty verdict, my faith in the justice system has been shattered.

Believe me though when I say that if I can get through this, you can. As a human soul, you never know what you can cope with until you are faced with it. If anyone had told me that I would have been able to survive this ordeal, raise our child and hold my head high, I wouldn't have believed them. But I suppose it all comes down to triumph through adversity: what doesn't kill you makes you stronger, after all.

Thinking of you lots.

Saffron

[sue1947]

Hi Karen

My heart goes out to u and ur brother and the rest of ur family, my son was falsely accused of attempted rape and assualts, the assualts where only added on because they was in the same area, there was no evidence to prove that he commited them, he was only 16 at the time and most gave the attacker as over 20 yrs old.

He was found guilty, and was given 6and half years, he served 4 of them years, in them 4 years in prison i battled with solicitors to clear my sons name, we are now waiting for the dates of his appeal or re-trial he would he said prefer a re-trial to get this woman back in court.

I am still angry with this woman that falsely accused my son like you are with the person that falsely accused your brother, the only thing you can do is be there for your brother, as you are now, my son said it was that fact that we was there for him that kept him going.

Good luck with the trial karen and give him a hug from me, i know what its like seeing somebody suffer like you are with your brother and big hugs to you from me for being so brave.

regards

sue1947

[Guest]

hi karen can i just say how brave i think you are having to go thru same sort of ordeal again, its bad enough actualy being raped let alone being falsley accused the trauma it causes is unbeleiveable, my son went 2 trial over a just under 2 yrs ago and the effect it is still having on us is still bad but shane is still trying to get on with his life all i can do is wish you all the luck in the world you and your family will need it hopefully his barristor will put her thru the mill and the jury will see that it was consensual good luck and keep strong we are all thinking about you, when is the date set for? please keep intouch and hopefully we can all support you take care luv maria x

[karen]

Thank you so much for your support - I honestly think I would have gone mad by now if I hadn?t made contact with this forum. All we can do is think positively and hope that justice prevails (unfortunately this forum proves that bad things can happen to good people but I just hope my brother is not among those wrongly convicted)

[June]

hi karen

my brother has just been wrongly accused by his wife in january this year i have just found this amazing site and it does help knowing other people are going thru the same and there is help out there
tour story is just a mirror image of mine nad how a feel and a used to go on thinking im the only one that must feel like this
a hope all went well for your brother and a would love to get more involved with getting better rights for men wrongly accused as the justice system is a joke