It's a very good idea to have someone be a witness in courtfor you as well as written statements (as mentioned above + course tutor?, GP?) This can even be a close friend an(ex) employer or even a colleague ( a female is probably better). Someone who knows you reasonably well and who believes in you.
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accused for suspision of rape
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witness, girl and my statements
I met my solicitor today and he gave me few witness statements as a account but she said, its not all evidence.
as where i parked my car in front of houses, there was a women in one house who kept an eye on my car and me, she said exactly what i told in my statement. so it can prove, i didn't lie a single bit and didn't aided or abetting the passenger.
BUT,
the witness statement and girl statement did not match as the girl had lied.
girl lied
she said the passenger told her to sit behind driver seat. he jumped in the back seat. he had a cig. then he forced her to kiss her. then she said, i opened the driver door and moved the seat forward. and i throw a condom in the car from the boot. and she walked out from the door behind the passenger seat.
witness said.
I was standing outside the car and had a cig and went away for a bit, then open passenger door, i had a chat, then open the boot and looked for something. the girl walked out angry from the door behind the passenger seat.
witness found the condom on the pavement on the road. (( but we don't know either is passenger condom or someone else)). passenger said, he touched her genitals so when he touched his condom, her DNA will be on it then.
my statement.
1) the girl lied because police found two dna on 1 cig, that's mean they were kissing before passenger had a cig which match to my statement. but she said they kissed after cig. she is lying.
2) she said, passenger told her to sit behind driver seat then how would she walk out from the door behind passenger door.
3) she said, i open the driver door and moved seat forward but the witness said, i opened the passenger door. which match to my statement.
she is lying there.
4) the girl told to the police that, me and passenger forced her to get in car then she changed her statement and said, passenger told her to get in car in a angry tune, then she jumped from the metal barrier to get in car. THIS IS STUPID.
if i am a girl, someone told me to get in car in angry tune. i wouldn't jump from the barrier to get in the car. i would just walk away so hence she could have done that if passenger said it in angry tune. but she lying.
5) she had so many chances to get out from car any time but she stayed in willingly and seems no stressed out at all
6) she said, passenger had sex with her for 2 mins and then he stopped and asked for oral, she said no and passenger told her to get out.. that's a lie as well, i spoke to passenger, he said she gave him a oral first but he couldn't fit in to have sex in car as he about 6 feet tall. then he asked her what subjects she doing at college and she said, she in school and he asked her age. she said 15, he got angry and told her to leave the car because she lied to him and she walked out angry.
7) she said, passenger fingered her but he said, he touched her but didn't finger her at all.
8) when i opened the passenger door, i wanted to take passenger phone to call my home as i didn't have mins and there was no internet to use viber. she was saying to passenger, she not doing it with out condom, he asked me if i got any, i told them it is old and might be expired she said, as long as not ripped then i opened the boot give it to her, i didn't threw it. she got her hand out from the boot, it was her left hand. she was sitting behind my seat.
so basically everything what i said in my statement is true and proves that passenger was with me BUT he lied he wasn't with me. then how did i aided and abetted him?
There is so much lie i picked up from the statement. what do you all peoples think? will i still get down for aiding and abetting rape and child abduction. i am just scared because she lied and what if jury believed her as she a girl n 15 years old.Last edited by stressed out; 14 May 2013, 04:43 PM.
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Originally posted by stressed out View PostI have been arrested on for suspicion of rape from my house.
i tell you all the story, I was driving with my mate when he saw this girl (X). he start talking to her very friendly and she get in the rear seat of the car. i was the driver of the car.
i drove for a bit when she said, she cant go home till next day but i have to be home in 1 hour so i was driving back where we met her to drop her off. on the way, i pulled my car up in front of some houses ( public area). i went for a toilet and had cig and my friend had a cig too
while driving, he jumped in the back seat and they both were snogging like they knew each other for over 25 mins.
after cig and toilet, i get in my seat and she said to my friend that i am not doing it with out condom and he asked me, if i have to. i said i have it but it is old and might be expired. she said, as long as it not ripped, she don't mind. (there were in the back snogging all the time)
i gave a condom to the girl because she got her hand out to take it.
i was outside for 8 - 10 mins when she get out from the car and she was very angry, she slams the car door and walked away. i asked her, what happened but she didnt reply.
i asked my friend and he forced me to drive the car. my friend told me, she is under age and if cops saw him snogging her, he would get in trouble, as he didn't know how old she was. all the time, i was thinking they both know each other.
i dropped him off and i came back home.
few days later police arrested me and she said, she has been raped by my friend, who was a passenger. she describes our faces. she did not say that the driver raped her. she told polce after half an hour of the incident so they might take took her clothes and body test for finger prints and DNA
police asked me i told them the truth but i also told them, they did not has sex because i was outside the car and i did not see the car moving like shaking and did not hear screaming.
she have no bruises, no scratches and car clothes are not ripped.
my friend told the poilce that he was not with me. as they girl said, my friend raped her. i had nothing to do with the rape, i didnt even touch her clothes.
poilce took my results ( finger prints and initmate prints) and the girl and friend results too.
i am 100% sure, my results will not match with her but i dont know if his results match with her or not.
i want to know and please need help badly, will i get charged for anything? if it proved she got raped by him or not.
i did not touch her or anything, didnt even sit with her. she told the cops that, only passenger spoke to her and he raped her.
if it is proved then will i get charged for anything?? because it was my car and i was the drive but i did not do anything please i need help and i will be very grateful.
i am recently finished my uni and seeking for a job but this gave me stressed.
please help me and suggest me what to do and what will can happen next? i am on bail for 1 and half month.
Mate it's a waiting game it f**ks with ya head , I ŵrite this with tears rolling down my face, as I'm in the same situation . Or maybe worse . Acussed of rapping my mother in law , yes you red right just the thought makes me sick , and the worst thing is I think I no who it was . I think it's my ! No I carnt say it
It kills me, I carnt go within 5 miles of the house & no contact with any family members . Just to hugg my wife is the hardest part ,who must think its me , thank f**k for DNA cus all my hopes are on they find some . If not I don't no where the road runs to next ..
Chin up my thoughts are with anyone in this situation xx
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Hi Stressed out,
No-one can tell you what the outcome will be, but now you have the statements etc, you need to be proactive.
- Photocopy all the statements you have -keep one as it is and have one to work on. Get yourself some coloured highlighters and memo stickers, then go through each statement marking everything that was a lie and on the memo sticker how you can prove it was . Cross reference the pages if there are contradictions (or agreements eg with the witness who saw you by the car)
- Bit by bit, you'll get a clearer picture of the allegations and how to counteract them.
- Do you also have the passenger's statement? If so, it's important to do the same with his as he may also be lying and dropping you in it to save his own skin (this happened to my son).
- Do you have your interview tapes? If not, ask your solicitor for them , and listen to them comparing them to your statement. You might find there are mistakes or 'typos'. You will probably have to listen to the tape several times, but it's worth doing (we found over 40 , some which were potentially very damaging). You can either mark any mistakes in the margin or seperate piece of paper with page and preferably line number. ( A technique I use when going through long bits of text with my students is to start off my marking the lines in 5's eg 5,10,15 etc. This makes it easy to identify the line number should I need to refer to it.) Hand these to your solicitor as she can ask for the statement to be changed to rectify these if she feels they are important enough.
Once you've been through all the statements ( several times if necessary) and are thoroughly familiar with everything that's been said, you can then discuss any discrepencies with your solicitor in an organised way. It will also make you feel you are regaining some power over your situation.
Good luck!Last edited by whatsgoingon?; 14 May 2013, 08:45 PM.
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Originally posted by Terry View PostMate it's a waiting game it f**ks with ya head , I ŵrite this with tears rolling down my face, as I'm in the same situation . Or maybe worse . Acussed of rapping my mother in law , yes you red right just the thought makes me sick , and the worst thing is I think I no who it was . I think it's my ! No I carnt say it
It kills me, I carnt go within 5 miles of the house & no contact with any family members . Just to hugg my wife is the hardest part ,who must think its me , thank f**k for DNA cus all my hopes are on they find some . If not I don't no where the road runs to next ..
Chin up my thoughts are with anyone in this situation xx
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bit up date
i have got all the evidence but sol said, when u plead no guilty, CPS will go in more depth for forensic and scientific evidence.
but so far they found is,
1
cig which relate to me 100% match
cig relate to passenger 100% match and also girls dna on the cig as well which can be differ from 20 thousand 2 hundred.
girl told the police in her 2 interviews, one was when police saw her first time and second interview after 2 months when they got evidence of cig's.
they asked her, passenger had the cig with her, like if she shared, girl said, no and passenger kissed her after he had the cig.
but i told the cops that, they were kissing before and after cig. so my story is true.
why can't police see, she lying?
how the hell her dna got ont he cig if they kissed after a cig.
2
no dna or semen detected in the genital but they found some cells of passenger on her knickers waist band, they also found four more individuals cells as well, but not mine.
forensic scientist said, it is not 100%.
3
doctor who checked her vagina, she said, no injury or anything like that detected and when they put some camera thing inside her, she didn't feel no pain and she had it comfortable. but doctor there was a little stretched in her vagina but she said, three possible reasons
1 no intercourse
2 intercourse with her consent
3 intercourse with out consent.
so there is no 100% sure of had sex.
doctor said, she is not virgin. i told the police, she broke her virginity when she was 13 in some field as she told the passenger
4
girl said, passenger fingered her and raped her and she felt so much pain when the passenger put finger inside her but when they put the camera, she didn't feel no pain. bull**** lie.
5
she don't know if he ejaculated or not. and she said, when the passenger get on her top, he said sex for 2 mins and when she said no, get off, otherwise i will kick you, the passenger went off.
a rapist would never listen to anyone plus he wouldn't get scared of getting kicked. she is lying totally.
6
cops found the condom outside the car about 20 meters away after 1 day but forensic scientist said, for some reason they can't check it. i don't know
why.
7
In the car, on my clothes or passenger clothes, no dna found. they took my car's footsteps n stuff and they didn't find anything.
8
in reality, i produced and gave the condom to the girl not the passenger but she said, i gave it to the passenger and in police statement, they said, i told in my statement that i gave the condom to the passenger but in my statement, i clearly said, i gave it to the girl and how she got her hand out from the boot. HOW CAN POLICE CLEARLY LIE?
9
she is 5.6 and passenger is 5.10. girl said, in the back seat, he got on her top to have sex and his head was slightly upper then her head. and her legging was on her ankle, this is not true, it can't happen.
10
she said, she jumped from a metal barrier to come close to the car to give passenger directions, and passenger said, get in the car and she got in.
she said, he said in a angry tune that's why she got in car
that's a lie, she wanted a lift that's why she jumped from a metal barrier to get in the car and she was happy and she said to passenger, thank you.
in all her statements and evidence. there is no dna of me on her or anything like that, she never said i took part in anything except, i was the driver, i parked up and gave them a chance to do whatever and gave the condom. but i didn't know she is 15, i didn't even ask her name or anything because it had nothing to do with me.
the passenger told the police, he wasn't with me on that day so he lied. as other members knows the whole story.
can anyone think of something that might can go on favor and against me??? out of the all the evidence they got so far.
i apologize for writing this whole essayLast edited by stressed out; 16 May 2013, 01:36 AM.
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The police will lie because thats what they do.
In our case the letter we got outlining the case from the CPS was laughable.
Eg it said ''The defendant admits he did xyz'', when CLEARLY my father admitted nothing of the sort!
Don't be disheartened, be glad they're lying as this can be used against them later.
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Originally posted by stressed out View Post8
in reality, i produced and gave the condom to the girl not the passenger but she said, i gave it to the passenger and in police statement, they said, i told in my statement that i gave the condom to the passenger but in my statement, i clearly said, i gave it to the girl and how she got her hand out from the boot. HOW CAN POLICE CLEARLY LIE?
9
If this so ask your solicitor if they can get hold of your police interview tapes and get a written transcript of them (of course they may already have done this) Present the relevant section where you said this, together with the police statement with the contradicting statement, to your barrister and ask him to cross examine the OIC in court on this point.
It is a minor point, so well done for picking it out, however it could be very significant as if the jury think you have been 'fitted up' by the police they are likely to come on your side.
Obviously this will also help your friend in that it will indicate that he will have assumed that there was deemed consent on the girl's part (even though she was not old enough to actually give consent)
Also it shows that the girl is inconsistent in her memories of the event.'What doesn't kill you makes you stronger'
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CH is spot on, since you're being charged with aiding and abetting and the girl is a minor, it's very likely to come up. As the PC inaccurately reported what you'd said during the girl's interview, it's just possible that that particular issue could be thrown out by your barrister.
You'd be amazed what the prosecution barrister will try and lean on you with in the absence of evidence.
As for your friend saying he wasn't there.... well, more fool him. That's not your problem, but it will be his.
I'm sure you've already posted it, but I'd be interested in knowing what the exact wording of your indictment is. Does it say something like '...... when you knew she was a minor?' With someone you don't really know who looks more grown up than they are, I'm not sure how you're supposed to know this.
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hey peoples
thanks for your replies..
I got a question about court,
doctor said:-
1) either no intercourse
2) either consent intercourse
3) either no consent intercourse.
forensic scientist said
about me, there are no traces are found that i made any contact with the girl.
about passenger, there are no traces found on the girl genitals but found for individuals traces on the girls, knickers under waist band, one of them is the passenger. hence it is one in 20,000 people possible. so in her conclusion, passenger might have touched her knickers but not sure.
Will the court have to be 100% sure before they found someone guilty? if the forensic and scientific evidence don't show anything proper. like the doctor and forensic scientist not sure, as they both said it in there statements.
so like no one sure that, intercourse even happened or not.
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I had a meeting with my solicitor and my barrister today lasted 2 hours
thought i come here and share as a lot of peoples know my whole story.
barrister was quite happy that i gave my all account and truth and i did a right thing in my police interview.
he said, i was consistent with my 2 statements in police station but the girl was inconsistent with her statements.
i asked him, there was no dna found on girl vagina that's mean there was no intercourse. he said before, if there was no scratches n that, that's mean there was no rape but research shows that's not true. so it does help but tiny bit. the main thing is her statement against you and the passenger.
he said, passenger was foolish that he lied and if he tells the truth in court, he lose some creditability in front of jury eyes because they might think, he lied before so he might be lying.
i asked him, if there was no rape so why is it going further, barrister said, you was outside so you cant be 100% sure but right now, this is not your headache because you charged of aiding and abetting rape and child abduction.
so we will focus on your charge.
he said, look this way, 2 guys picked up a young girl and went to some car park and there was loads of condoms in the boot, so jury might think bad about you lot so we need some good character statements from your college, uni and normal mates.
he said, we have to prove that, you never told the girl to get in the car, she got in willingly and you passed the condom to the girl as i already told me in my statement, not to the passenger as girl has lied.
you didn't participate in any of that drama.
he said, rape happened or not, its not your concern because you said, everything was consent and you don't know her age and everything and you thought they both adult.
barrister asked, in my statement, i said, the girls wanted to stay out till next day afternoon, so that's a good point.
he said a lot good points and bad points.
but m scared that why would jury believe me? if the girl cried they might think, she telling the truth? when jury verdict, the bases are evidence or arguments before defense team and prosecution??
if the case goes to court in jury hands, what are the average percentage that the charge will convert to sentence.
hope someone answer that.Last edited by stressed out; 30 May 2013, 12:08 AM.
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Hi Stressed out. It's great that you've seen your legal team and they've answered some of your previous questions, and hopefully, managed to re-assure you a bit. I believe you have a good team... start having faith in them and yourself. This is what I think:
but m scared that why would jury believe me?
Being scared, even terrified is absolutely normal, but don't doubt yourself or your account of what happened. Under questionning, it's much easier to tell the truth.
if the girl cried they might think, she telling the truth?
The girl may well cry and the jury will probably feel sympathetic towards her at that stage. It's up to your barrister to avoid her crying and still get the information needed out of her even if she's in floods of tears.
when jury verdict, the bases are evidence or arguments before defense team and prosecution??
Both - their verdict should be based on the evidence, but it's the arguments put forward by one or other barrister which will either discount, discredit or high-light different parts of the evidence. All the time they're interviewing the different parties, they're trying to get the jury on their side. ( I likened it to a modern gladiator match).
if the case goes to court in jury hands, what are the average percentage that the charge will convert to sentence.
I've no idea, I don't know if anyone other than possibly your defence team can tell you this. If you are found guilty, there are minimum sentences for each charge and your defence team must have discussed this with you.
My advice is to trust your defence team (I believe you have now got a specialist sol...), query and share important relevant information with them.
Focus on the charges against you.
Try and get as good references as you can... professional people are great, but someone who knows you well or someone you've been particularly helpful to can also be a very valuable character witness. Don't forget, even your legal team don't really know you from Adam .... you're probably a lovely guy, full of qualities, but you need to have someone stand up there and say it. Someone from your own country can come so long as they understand and speak English well enough (if not, they may be able to get a court interpreter - your sol can tell you).
Try to stay on top of things - if prayer, meditation, excercise or anything else helps you keep a grip on your fear and anxiety then do it on a regular basis.
Last edited by whatsgoingon?; 30 May 2013, 01:19 AM.
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