Soldier husband set to lose everything!

[Wife-of-an-innocent-man!]

My husband has been convicted by a Court Martial of assault by penetration of a female soldier who was living in the room opposite during a tour of Cyprus in 2009. She alleges that after returning from a night out, she woke up in a drunken sleep and 'felt something had penetrated her' she then looked at the door and saw my husband leaving her room.

My husband had returned from an evening of drinking in the mess and gone to be to woken by noise in the corridor, he knocked at her door and she told him to F off. He went back to bed and was later woken by the guard commander saying that she had accused him of the offense.

1) Nobody took a statement, she didn't visit the med centre, and there were no witnesses or DNA. It hasn't even been confirmed what time or date the alleged offence took place.

2) She stayed on the tour for a further four months and didn't even move rooms, she carried on socialising and working with my husband during the tour. Even though her husband was in Afghanistan and her parents were looking after her 9 month and 3 year old boys.

3) She didn't report the offence until 8 months later.

4) 6 weeks earlier she had sex with another solider and then accused him of rape, which she later admitted that she had lied as she needed an excuse for having mud on her jeans when going home to her husband. She had also previously accused someone of rape, which was dropped due to lack of evidence. Her conduct sheet includes, 2 accounts of fraternisation with other soldiers, 8 accounts of theft and various other offences

5) She recorded a staged conversation with my husband, where she says he is apologising for the offence. He isn’t even sure where or when the conversation took place, but believes the conversation to be one where she was is accusing him of spreading rumours about her sleeping with another solider.

These are just some of the main points, his current solicitor has clearly said that she believes my husband to be innocent as does his Commanding Officer and everyone that knows him. I am an ex-soldier and have known my husband in every capacity including soldier, colleague and friend; the only thing he is guilty of is not ensuring that this allegation was dealt with correctly from the minute it was made. He is due to be sentenced and has been told he is looking at 2 – 3 years, he’s never been in trouble in his life but now stands to lose everything he has worked for. We have been told that it is unlikely that we would be able to appeal as our barrister can’t find any fault in how the trail was carried out. I just don’t know what to do, how can an innocent man be sent to jail when there is no evidence? Her bad character was not allowed to be brought into account and there was a number statements not used.

He has been in the army for 21 years, so is set to lose his pension, our home, income and the job that he loves! My husband didn't tell me about this and I found out when our welfare officer told me he was in jail as he'd been found guilty, the shock almost killed me! If he'd have told me earlier I would have been able to help support him, he spent more time trying to hide this from me then he did concentrating on winning the case! She could have picked any name out of a hat that night to accuse as there is no evidence, witnesses yet because she was drunk she doesn't have to prove my husband did this, my husband has to prove he didn't, which is a bit hard when your asleep in a one man room! Justice - what a joke!

[Casehardened]

Hi & welcome to the forum though sorry to read of the circumstances that brought you here.

was later woken by the guard commander saying that she had accused him of the offense.

1) Nobody took a statement, she didn't visit the med centre, and there were no witnesses or DNA. It hasn't even been confirmed what time or date the alleged offence took place.



3) She didn't report the offence until 8 months later.

4) 6 weeks earlier she had sex with another solider and then accused him of rape, which she later admitted that she had lied as she needed an excuse for having mud on her jeans when going home to her husband. She had also previously accused someone of rape, which was dropped due to lack of evidence. Her conduct sheet includes, 2 accounts of fraternisation with other soldiers, 8 accounts of theft and various other offences

5) She recorded a staged conversation with my husband, where she says he is apologising for the offence. He isn’t even sure where or when the conversation took place, but believes the conversation to be one where she was is accusing him of spreading rumours about her sleeping with another solider.

In the eyes of the court, the alleged offence was reported at the time: to the guard commander who then told your husband. I believe the term for this is hearsay evidence and would be admissible in sexual offence trials where there often is no actual evidence apart from witness statements.

It is unfortunate that this appeared to be corroborated by the recorded conversation between your husband and the accuser.

I am not sure about Court Martial procedure; I understand that verdict is delivered by senior officers rather than a public jury but I don't know how a appeal would be conducted. In civilian courts it is often the case that the trial barrister will not recommend an appeal but a second independent barrister will look at the case and find grounds to launch an appeal.

In your husband's case it is highly significant that the accuser had admitted making a previous false accusation, and maybe two(if the other was officially investigated); if this wasn't permitted to be disclosed in court as defence evidence, it would certainly form the grounds for an appeal.

If this was disclosed in court, then I am deeply disturbed that a guilty decision was reached as I can't imagine that a civilian jury would have done anything else but brought back a not guilty verdict.

[wunderland]

sounds horrible for you and your family i was sad reading your post im sure others will help with advice soon

[Wife-of-an-innocent-man!]

Because the previous allegations that had been made were after consensual sex, the judge said that these could not be used as my husband’s case was not the same 'type' of offence. My husband went nowhere near her, no kissing, no touching etc… it's basically her word against his. The barrister was allowed to ask her if she had previously falsely accused anyone, if she said NO then he wasn't allowed to ask any more questions. She said NO which is obviously a lie, but it stopped our barrister asking anymore questions.

Her previous none sexual bad character was allowed, but her barrister just turned it into, "but since then she's been promoted and done well blah blah".

Is it just me or is the law set up to just find accused people guilty. We are the victims here, our lives in ruins. My husband had never had a parking ticket, he's got 8 medals has completed over 8 operational tours , yet he is now facing a civvy jail, he's scared to death and I just don't know what I can do apart from give him support and try and keep the family together.

[lawlessone2009]

As a slight aside. The court martial 'could' be biased in so far as your husband has served for so long and as things stood would have retired comfortably. With this conviction and the subsequent loss of so many things that he had earned during his career the army can now not only uphold their reputation but also save considerable money. Basically they can now screw him out of his earnings and then justify it with their own non-independent verdict.

A court martial can never ever be seen to be independent. It sickens me that they exist to this full extent. They are fine for dealing with petty stuff but anything of a serious nature should follow civilian life and have a jury.

Most on here will not have a clue about how to deal with a court martial. Some may though so with time you may get answers directly from those experienced in the Forces.

I am hoping that you've told him he's a plonker for not telling you. A problem shared is a problem halved. Dignity and face count for little when facing a wrongful allegation.

I'm not having a go at your or your husband by the way. I am just enraged that you've both been screwed over so easily by what really amounts to extended family. I am also amazed at how widespread rape accusations are, every single day there is a new twist or turn.

Welcome to the forum. I am deeply saddened that things have gone so far but hopefully through continued discussion you will be armed with the info to go out there and get this case reheard, never mind an appeal!, by a group of impartial individuals who will at least be willing to give the defence a chance of defending.

[Wife-of-an-innocent-man!]

Thanks Lawlessone,

The biggest regret that he has is that he didn't tell me, i already know more about the case than his solicitor does! Because I ask the right questions and have spent every waking hour looking at all the details.

This has actually made out marriage stronger, I know there are tough times ahead but we'll get through them. I also believe in Karma, 'What goes around comes around' I'm sure it won't be long before she finds her next victim, which will be victim number 4 (of the ones we know about). As soon as that happens I will be all over it!

[Casehardened]

has been told he is looking at 2 – 3 years,

yet he is now facing a civvy jail,

I'd assumed that he would be sent to a military jail, so does this mean he will be released on licence after serving half the sentence as is civilian practice?

However the real damage is to his career, whatever the length of sentence.

I still cannot believe that the previous allegations were not allowed to be revealed. What the judge really is implying is that if your husband had lied and said they had consensual sex prior to the rape allegation, then the previous false allegations would have been admitted as evidence.

Madness....you asked 'is this justice?', obviously not

[Wife-of-an-innocent-man!]

I'd assumed that he would be sent to a military jail, so does this mean he will be released on licence after serving half the sentence as is civilian practice?

:

He could get 'detention' in Colchester Military Detention Centre for up to two years and he would from what I understand get up a third off a two year sentence. But the likelyhood is that he will do a sentence in a civilian jail which would mean he would be released on licence.

I'm dreading it my theory is that if he gets 30 months, he will do 15 in jail and 15 on licence, I don't know what the chances of him doing 5 of those jail months on a TAG are but if he did that would mean 10 or 15 months inside worst case scenario

[lawlessone2009]

Does it result in a dishonourable discharge?

[brokenman81]

Yes!!!! Loss of pension, everything!

[Wife-of-an-innocent-man!]

Yes!!!! Loss of pension, everything!

He will get his pension but it will start from when he is 65 instead of 40 when he was due to leave the army after 22 years man service (aged 16 to 18 doesn't count towards pension).

He also won't get a lump sum pay out so all in all he is looking at losing about 300K. Plus he won't get resettlement courses, loses 2 years work as he had signed to do another two years. Plus loses a job he loves, his integrity and honour, they may also remove his good conduct service medal, we are given 28 days to leave our army quarter and will basically be homeless and on top of all that give him a prison sentence!

No evidence, No witnesses, from a female soldier who is now on her third accusation of being inappropriately touched! I met my husband when I was serving serving soldier and I knew him as colleague and friend before we were married, I know 100% that he didn't go anywhere near her and he has the support of his unit and all colleagues, friends and family the only people who don't believe him seem to have been the jury! He gets sentenced this week, our lives are about to change forever, because of this womens lies.

[lawlessone2009]

He also won't get a lump sum pay out so all in all he is looking at losing about 300K.

That's quite a saving for the top brass. Be able to employ about 30+ soldiers with that saving. Maybe it's a new strategy, identify people coming up for their retirement and then slaughter them with a rape charge/sentence. I could honestly believe that's possible without details of the accusation.

the only people who don't believe him seem to have been the jury!

Was it a jury trial? I have very little understanding of what happens in a court martial.

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[wunderland]

if you really are desperate you should try going to the media or write out a lot of letters to congress etc telling your story generals,president just a thought good luck

[wunderland]

I learnt one thing if i get falsely convicted then i go public and won't shut up about it it's very important to speak up and not be afraid of what friends think but let the world know the general public is more powerfull then judges or jury's if 10,000 people are angry when they here your story it could help your husband

[Rights Fighter]

Because the previous allegations that had been made were after consensual sex, the judge said that these could not be used as my husband’s case was not the same 'type' of offence. My husband went nowhere near her, no kissing, no touching etc… it's basically her word against his.

The barrister was allowed to ask her if she had previously falsely accused anyone, if she said NO then he wasn't allowed to ask any more questions. She said NO which is obviously a lie, but it stopped our barrister asking anymore questions.

'Extract: '.....the judge said that these could not be used as my husband’s case was not the same 'type' of offence....'

The judge may well have erred in making this ruling. Court Martial or not it is still English Law. What does defence counsel say about this? An Advice on Appeal should have been written and sent to hubby. If it was negative then think about instructing a suitable solicitor with a view to an application to appeal.


Extract: 'The barrister was allowed to ask her if she had previously falsely accused anyone, if she said NO then he wasn't allowed to ask any more questions. She said NO which is obviously a lie....'

It is not obviously a lie to us reading this as we have not had sight of the trial paperwork. I imagine the the barrister was effectively gagged due to the judge's ruling - which might be overturned at CA.

Ask the defence solicitor/barrister what their views are on appealing this conviction.