Soldier husband set to lose everything!

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

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

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.

Thanks for the advice, we have a statement from someone she had accused 6 weeks before she had accused my husband.

He states that she falsely accused him of touching her and then later admitted that "she had needed an excuse to give her husband, because her trousers were dirty after they had had sex in the woods earlier", he highlighted to her that this could have got him in serious trouble and she said she was sorry!.

We also have another 2 people that could confirm this and provide statements, however the Judge wouldn't let it be admitted unless she said 'yes' to previously falsely accusing someone. She has also previously accused someone of Rape after they'd had sex, but this went to Civvy police and they said there was no evidence.

My husband is being sentenced tomorrow afternoon and i'm scared to death!

[Casehardened]

She has also previously accused someone of Rape after they'd had sex, but this went to Civvy police and they said there was no evidence.

This is interesting as it has been well documented on this forum that the police and CPS will often run with a case where there is no evidence (apart from the accuser's statement) Presumably in this instance the accusation, for whatever reason, came across as a fabrication.

However, as the accusation was formally made (as opposed to the other which didn't reach the authorities) there will be a record of it on the PNC against her name.

As the woman had accused your husband of rape (even though he states they didn't have consensual sex prior to the accusation) I would take issue with the Judge's ruling that the previous accusation was inadmissible on the grounds that it was a dissimilar offence.

Regrettably there is nothing to be done in the present case (what a pity your husband didn't involve you from the beginning, it may well have had a different outcome with you batting for his side) however a successful appeal will restore his career, reputation, and pension.

Chris Saltrese (contact details in Right Fighter's signature line) has a good reputation in this field and it would be well worth seeking his opinion.

[Rights Fighter]

Regrettably there is nothing to be done in the present case (what a pity your husband didn't involve you from the beginning, it may well have had a different outcome with you batting for his side) however a successful appeal will restore his career, reputation, and pension.

Chris Saltrese (contact details in Right Fighter's signature line) has a good reputation in this field and it would be well worth seeking his opinion.

I agree with CH that you should approach a different solicitor (fresh eyes) with a view to an application to appeal using those arguments.

I always say when I am actively reviewing a case that if somebody says that somebody is 'obviously lying' about anything, then I have to be persuaded of that and the only way I can be persuaded of that is to see it in writing from an official source - ie the paperwork. I am not saying that you are lying or mistaken in any way.

What often happens is that some people will give me all kinds of information which they think is the truth , or they wish was the truth (I am not saying this is happening in your case) but more often than not I find they are wrong.

I've made a bit of a pillock of myself after believing stuff at face value when working on appeals - I do not do that now. No offence to you OP but that is the way it is.

[lawlessone2009]

One other thing that the OP could maybe clarify.

Who provided the legal team for your husbands defence?

Did he find them himself or were they provided through the Army?

As for RFs comments. So true and in no way directed at your actual circumstance, just her experience of having dealt with many appeals. Fresh eyes are definitely what you need.

One other little thing..... If your husband was to be placed in a civilian jail, would his appeal there after be heard in a civilian court??? If this was to be the case I would launch an appeal at the very first opportunity.

[brokenman81]

How are you doing??

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

One other thing that the OP could maybe clarify.

Who provided the legal team for your husbands defence?

Did he find them himself or were they provided through the Army?

As for RFs comments. So true and in no way directed at your actual circumstance, just her experience of having dealt with many appeals. Fresh eyes are definitely what you need.

One other little thing..... If your husband was to be placed in a civilian jail, would his appeal there after be heard in a civilian court??? If this was to be the case I would launch an appeal at the very first opportunity.

He was recommended the solicitors by someone, but he's not a specialist in this type of offence which is 'assault by penetration'. He was sentenced on Friday to 18 months in civvy jail and dismissed from the army. So not only has he lost his freedom for 18 months, he also has lost his job, integrity and over 300K of pension payments that he would have received over the next 20 years. He will be on the offenders list for the next 10 years and never be able to get a job in his chosen trade. I also have 28 days to move out of our army housing and had to give my job up.

All because a girl said she had a ‘feeling’ that someone had touched her and that she saw my husband at her door!
Rights Fighter your right with what you say about being careful with making sure you know the facts, it easy to get tripped up. This girl had accused another guy of touching her previously, but she didn’t accuse him directly, she told her friend who then accused him. So when she was asked ‘have you ever falsely accused someone’ she said ‘no’ which could be taken as true.

I’m waiting to find out how we go about appealing the sentence and if possible the conviction. Does anyone know if you can get early release on tag if you are on the offenders list? I have documents that say you can’t, but other people have said you can. He hasn’t got a release date, but I know he will do a max of 9 months inside and 9 months on licence. I’m just praying that he can be home earlier than that. His pre-sentencing report put him down as being low risk to the ‘Victim’ and low risk of re-offending. I also need to know how an appeal works and if it is linked with your original legal aid claim. I was working when the looked at the the first legal aid claim and we had to pay 8K, however I was made redundant in the January!

[Casehardened]

This girl had accused another guy of touching her previously, but she didn’t accuse him directly, she told her friend who then accused him. So when she was asked ‘have you ever falsely accused someone’ she said ‘no’ which could be taken as true.

Hmm, however in the other instance she must have given a statement to the police for them to have considered taking action.

She has also previously accused someone of Rape after they'd had sex, but this went to Civvy police and they said there was no evidence.

It is a disaster for your husband to be found guilty with regard to his future and he must appeal, this time using a solicitor who is experienced in sexual offence cases, but I find it encouraging that such a light sentence was handed down.

It would appear that the judge was obliged to pass a custodial sentence because of the guilty verdict but wasn't convinced that your husband was guilty.

Hopefully Rights Fighter will be along with some advice as she is the forum expert on appeals, however the trial barrister should have given your husband his opinion on whether there are grounds for appeal.

[NOHOPE]

so sorry to read all your story, i cant beleive these men get found guilty with no bloody evidence im gobsmaked at some juries decisions its terrible.
my hubbys trial is in aug and its for the same assault by penetration and i ahve been told this is the next step down from rape so 18months doesnt seem long so i agree with the post above.
dont get me wrong 1 month is a month to long when you are innocent but i thout it was more like 5 yrs