sexual assault

[mike15]

Strange one for you and hope you can help ?

I had a neighbour round the other sat night, we were chatting and he asked if he could smoke a joint we both had wine, im studying to be a counsellor so he opened up about being physcotic and hearing voices in his head and had been away to a centre for 3 months with this condition, he was kinda flirting but told me not to say anything sexual during night. Anyway later in night he was checking my laptop and asked me to check site out, next minute i know i had been knocked uncouncious by him hitting me and he had a knife at my next asking why i had groped him, i denied it but he said he was going to murder me until i admitted it, after 10 mins of me panacking and fearing for my life i said i had so he would lwave me alone, but he didnt and said he was gonna torture me all night, i just wanted to die quickly, eventually i managed to escape and ran out into street and called police. When the police came i was frantic, delerious and said its my fault i touched him, which i hadnt, they took me back to my place it was wrecked, my tv . ipod, food was also stolen. Anyway the next eve at 11 pm the police came round and arrested me for sexual assault, i retracted what i had said about me touching him as i could remember everything, they said he had a witness and evidence, there was no one else in the flat, they locked me up for 2 nights then i appeared in court and pled not guilty, he got out, we both got bail but live next door which makes diff not to see him.
i have never been in trouble before with police, im scared and worried, i also work from home full time. Alos my trial date is the friday before his, so 1 week i will be the accused and the week after the victim
Can you help with what can possibly happen next ? i know im not guilty and feel i am now the accused and not the victim

Thanks

[IvorBinWronged]

Nuh huh - Strange one for you!

Hi Mike.

Just from the outside looking in and trying to figure out your FA's mindset. Are you gay and he straight? If so, a hate crime happened first as he knew that you were gay and assaulted you. At least that would be a starting point for the legal eagles here.

If I am wrong then I am wrong but the way that you write leaves a lot to the imagination.

Oh - and what type of site please? No details.

Just be upfront about things here and everyone will have a go at helping you.

Good luck Pal.

[Casehardened]

Hello Mike, welcome to the forum though sorry to read about your unfortunate experience.

Unfortunately none of us can know what the result of your trial will be; it will be for the jury to decide after hearing the evidence that is presented to them.

Hopefully you already have a good solicitor, with experience in this line, working on a defence for you. It is unfortunate that you initially admitted the offence to the police and then retracted the admission, the prosecution will undoubtedly refer to this so you will need to have prepared an honest and convincing response to this.

There are a couple of stickys at the top of the forum about how to conduct yourself in court, it would be well worth you having a look at these.

Main thing is not to panic and allow the prosecuting barrister to rattle you. Answer the questions clearly and succinctly, look at the jury with head up when replying.

[Faith]

Are there bail conditions stopping you from living next to eachother?
The court dates seem awfully close together as well.
What is it you are charged with, sexual assault? What is your solicitor advising? Have you plead guilty?

I would also like to know the answer to Ivor's question...what kind of site was he trying to show you? Is this relevant to the case? Why would he suddenly knock you unconcious after trying to show you something on the laptop?

Apologies for all the questions. Have to get things right in my head before I try and help.

[mike15]

sexual assault

HI

Yes i am gay and he is straight

I had refused to show him my chest as im overweight and embarressed but he kept insisting, the site he was showing me was argos excercise equipment, the only thing i can think off is i could have accidently brushed him when geting the laptop.

I live in scotland so there is no jury been told just sherriff, and i explained about the dates to my solicitor, he said i will have to plea the 5th ammendment, whatever that means, as what i say on my trial could give the prosecutor more ammo the week after.

i pleaded not guilty and will do on 31/10 which is pre trial, i would love to know what evidence they have and who the witness is , as there was just us 2 in the flat.
The charge is groping genitals over trouser area and may be placed on sex offenders list, and as you all know when applying for jobs most companies ask if you have criminal record, i filled a disclosure in the day i came out of the trial and hoping that wont show as pending for the new job ive just started.

Yes i wish i hadnt said it was my fault on the night to police but i was under duress after being knocked unconcious and threatened with my life

thanks so far

[Boys don't cry]

Hello Mike

I understand that under pressure you were acting out of character.
Do you know if your solicitor is specialised in false rape accusation?
Do you know if your barrister is experienced?

I can't believe that in you have been to court already,in such a small amount of time.
I hope the best for you.
Did the police seize your computer?
You wrote: "I had been knocked uncouncious by him hitting me "
Did you prove it during your interview?

You will have to stress to your solicitor that this man had a knife,he said he would torture you,he could hear voices in his head...
He had alcohol and maybe drugs in his system,he wrecked your place and even stole some food???

Can't you try to find out that he had a problem and looked for a victim.

[mike15]

The court was just the first available date after being arrested when you can plea , only lasted 5 mins.

Being in a police cell was a horrible experience with people kicking doors, screaming as they came off there methadone, and then in court cells i was dressed in shirt and trousers and the other people thought i was a mole, not nice.

police didnt take my laptop, but they took me to hospital to get checked over and asked the hospital to send them a copy of there findings.

Ive not had a prop chat to my solicitor he said make appt mid sept, he said the way the courts and law is at moment is a farce and wont be charged guilty , but i am still concerned.

Yes a few friends said mention to my solicitor its a hate crime

[Boys don't cry]

The court was just the first available date after being arrested when you can plea , only lasted 5 mins.

Being in a police cell was a horrible experience with people kicking doors, screaming as they came off their methadone, and then in court cells i was dressed in shirt and trousers and the other people thought i was a mole, not nice.

police didnt take my laptop, but they took me to hospital to get checked over and asked the hospital to send them a copy of there findings.

Ive not had a prop chat to my solicitor he said make appt mid sept, he said the way the courts and law is at moment is a farce and wont be charged guilty , but i am still concerned.

Yes a few friends said mention to my solicitor its a hate crime

Do not worry about what people think about you.
When I was arrested I still have my sleepers on,crying and everyone was looking at me.
Being in a police cell is the worst experience I ever been through as well .Being in the back of a police car where I felt like an abandoned dog or handcuffed...
Don't worry about all this...
You must fight and find some evidence,some reasons why this neighbour would do this.

Did you know him previously?
Can't your solicitor get his medical report?

You MUST find some clues.

[diana_holbourn]

I had a neighbour round the other sat night, we were chatting and he asked if he could smoke a joint we both had wine, im studying to be a counsellor so he opened up about being physcotic and hearing voices in his head and had been away to a centre for 3 months with this condition, he was kinda flirting but told me not to say anything sexual during night.

A possible avenue of investigation since he said he's prone to psychosis: If he's a paranoid schizophrenic who likes smoking cannabis which can have symptoms of paranoia in some people anyway, he may have believed an accidental brush against him was a serious intent to harm, especially if he was concerned you might be after him anyway, being gay. Having a possible motive for the accusation might help. Of course, there might have been much more to his motivation than that. But it might have been a factor. A little info on what can predispose certain people with schizophrenia to violence:
http://www.schizophrenia.com/family/viol.htm

[lawlessone2009]

The court was just the first available date after being arrested when you can plea , only lasted 5 mins.

Being in a police cell was a horrible experience with people kicking doors, screaming as they came off there methadone, and then in court cells i was dressed in shirt and trousers and the other people thought i was a mole, not nice.

police didnt take my laptop, but they took me to hospital to get checked over and asked the hospital to send them a copy of there findings.

Ive not had a prop chat to my solicitor he said make appt mid sept, he said the way the courts and law is at moment is a farce and wont be charged guilty , but i am still concerned.

Yes a few friends said mention to my solicitor its a hate crime

Am I right in saying you are on court bail? Led from the cells to the holding cells at court, an appearance in court, granted bail, released???

Taking the '5th' is an Americanism... Not sure what good it'd do you in a court in Scotland!

On an initial appearance in court surely your solicitor should have advised on 'No plea or declaration'. How long were you held in the cells, one night or over a weekend?

Your disclosure will come back with 'pending'. If by some luck it doesn't you still have a duty to inform potential employers. You can more or less be instantly dismissed for lying. You may have to seriously consider working in a different field and will very definitely if you're found guilty.

[Rights Fighter]

Am I right in saying you are on court bail? Led from the cells to the holding cells at court, an appearance in court, granted bail, released???

Taking the '5th' is an Americanism... Not sure what good it'd do you in a court in Scotland!

On an initial appearance in court surely your solicitor should have advised on 'No plea or declaration'. How long were you held in the cells, one night or over a weekend?

Your disclosure will come back with 'pending'. If by some luck it doesn't you still have a duty to inform potential employers. You can more or less be instantly dismissed for lying. You may have to seriously consider working in a different field and will very definitely if you're found guilty.

I was about to answer with 'that is in USA not the UK as far as I know. Where's Lawlessone as he will know a little more about Scots law!"


You can have this witness challenged if he/she is a material witness. Is he supposed to have been there right from the beginning? If so he can be challenged as to the layout of your flat, for instance.

The accuser could obviously explain some of it but not everything. If he was not there with some clever cross-examination he could be easily tripped up.

Do you know who the witness is? Is he a reliable / credible witness?

[lawlessone2009]

I was about to answer with 'that is in USA not the UK as far as I know. Where's Lawlessone as he will know a little more about Scots law!"

You quote me and then ask where I am... Priceless...

The main problem I actually see here is that although the charge may seem serious to the OP I don't think the Police will view it as such. If you done a comparison with driving offences you'd be falling into the 'speeding' (rather odd sexual assault charge) category rather than the 'dangerous driving' (rape) one. The actual Police investigation will not be particularly long or intricate. They'll take your initial admittal to something happening, interview you, write a report then drop it into court.

Both parties have been charged with something so it's a real good 'statistics' find for the cops.

I'd imagine that the charge is under the Sexual Offences (Scotland) Act 2009 (http://www.legislation.gov.uk/asp/2009/9/contents). The actual act is a minefield and just about covers every single situation that you could find yourself in where someone may have a reason to complain either through genuine misdemeanor or through false accusation. The Police must be worked off their asses attempting to circumvent the huge increase in offences that have their own little detailed section! Suppose the Police are now being forced more than ever to be 'specialists' in their fields.

Were the arresting Officers the same people that carried out the interview and subsequently charged you?


As for the actual court case against you. Here's the Scottish 'Penalties' page (http://www.legislation.gov.uk/asp/2009/9/schedule/2). It appears to be an 'either way' offence so you can either remain in the Sheriff Court or apply to have it moved to the High Court for a 'trial by jury' in my opinion. I would ask your solicitor about this. It falls to personal belief.

I have absolutely no belief that you will receive a fair trial before simply a sitting judge, they deal with provable facts/circumstances and little else. The 'trial' will be quick, brutal and almost untrackable unless you have experienced the court workings before. Appeals are almost the same as for the High Court. The judges sentencing powers are more limited. The prosecution can apply to move the case to the High Court also if they feel longer sentencing fits the alleged crime.

Trial by jury is a little different. It's not as quick paced and there is far more opportunity for your legal team to present 'YOU' and build the case around you. Juries also have the opportunity to judge you but rather than a single man sitting in a chair there are 15 of them! Increases the chances of escaping a single persons disliking of you astronomically! There are many reasons to prefer a jury trial but equally as many to hate it. There are regional differences in opinion towards homosexual people and injustice can surface if you find yourself in the wrong region. It depends on how evolved your region is! I know that Glasgow is far more accepting of peoples sexual orientation than Ayrshire for instance. Life is running at a different pace and the people are equally different in their views. It's strange but hopefully you've traveled around enough to understand what I am attempting to convey...

Ask your solicitor what they think. Ask them about the possibilities of a jury trial. Seek their views if it is possible to have a jury trial. Possibly sit in a trial by jury before you decide what to do, the public is 99% of the time free to sit and spectate. Treat your pending case with all seriousness, your entire future seems to hinge on it. Realise that rather than boxing yourself into 'one' profession you should be actively exploring the possibilities of several revenue streams just in case one goes wrong. All too often people appear on here that are teachers or medical professionals who really are going to loose their entire lives as they know it simply by a false accusation being made. This causes no end of depression and anxiety and stress. What you must now do is ensure that, even if this goes away, you never keep all your eggs in one basket. Make sure that you are able to continue with life regardless of what is thrown in front of you. Multi-skill.

It is unfortunate that you find yourself in your present situation but embrace it as a wake up call to how vulnerable people make themselves by blindly believing that everyone else is honest and truthful to some degree. There are sick and twisted people out there with agendas and selfish greed ready to pounce at the first opportunity. The Police cannot possibly be expected to be able to identify motives and reasons and generally take an impartial view dealing simply with facts and circumstances. I am not sure if there is anything you could have done differently to avoid what has happened in your situation but what you must do now is 'damage limitation'. You have an opportunity arising shortly to present your case and you must research all avenues and ask questions to ensure that the case that you present covers all the bases and spells out that a false accusation has been made. Your solicitor will be able to guide you but you must first give them something to work with, you need to compile this into something that is short and easily understood. A 'defence statement' (not the actual defence statement to the court!) written by you and presented to your solicitor laying out what happened and what didn't happen along with any relevant facts would be a good place to start.

[Rights Fighter]

You quote me and then ask where I am... Priceless...

As I wasn't sure if there is a 5th Amendment in Scots law.............. I was hoping you would come on and answer that one (while I read the OPs post via email) but then when I got here, you had answered before me! YEAYYYY! While I was whizzing into the forums having clicked the link I thought 'Where's Lawlessone he can answer this one!'

[mike15]

I was detained on the sunday late eve and then arrested a few hours after, as the monday was a bank holiday i had to spend 2 nights in the cells, i was then escorted to the court and locked in a holding cell with 6 people then led handcuffed up to the judge . my solicitor pled not guilty and asked for bail the prosc fiscal said no objections and given bail with usual conditions.

The same police that arrested the guy who punched and robbed me were the same that came back and arrested mw the next eve, i asked them why it had taken them so long to come back to arrest me if i was really guilty and they said it was the start of there shift .

There was no witness in my flat, i put it down to his paranoia and the voices he has.

The reply from lawlessone is amazing but also very frightening. My eyes are permanently open now and ion the future of what 1 moment is someones life can affect them for the rest of their lives.

I looked up the possible outcomes and saw up to 12 months in jail or fine, if the judge deems me guilty, as 1st offender what do you think i would more likely get ? Prison would destroy my life, loose my job, loose my house, become homeless etc etc

I cant believe the police were caring when i had been hit to become nasty when arresting me , a police friend said i should have said no cooment throughout the interview, but hindsight is a wonderful thing..

Thanks for all your support so far , i feel like a weight is coming off my shoulders

[lawlessone2009]

As I wasn't sure if there is a 5th Amendment in Scots law.............. I was hoping you would come on and answer that one (while I read the OPs post via email) but then when I got here, you had answered before me! YEAYYYY! While I was whizzing into the forums having clicked the link I thought 'Where's Lawlessone he can answer this one!'

LoL...



As for 'taking the 5th'... It exists everywhere, the right to silence... Ha ha ha... It's been b45tardised unfortunately and only politicians and bankers are allowed to use it this day without implying clear guilt!

And they generally ARE guilty.