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is minor evidence important to contest

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  • is minor evidence important to contest

    I have charges of rape and indecent assault against me but most of the allegations and evidence are concerned with physical stuff violence controlling nature and the fact that she called at the house two weeks after making the allegation etc.Dined out with me after the allegations took money off me after the allegations etc.Are these point valid in attacking her creditability as a witness and help with the more serious allegations.I have quite a lot of evidence which weakens her testimony s but my barrister does not seem to thinks the lesser allegation matter .i know the rape one are the main ones but what about disputing everything she alleges.Please give your honest comments


    thank you
    sadman

  • #2
    If she voluntarily carried with the relationship after the time of the alleged assault I would say this is very significant and should be mentioned in court.

    Bear in mind though that it is important you do have some evidence to back this up as, under cross-examination she may simply deny it, or say she agreed to see you because she was frightened of what you might do if she didn't.
    'What doesn't kill you makes you stronger'

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    • #3
      [QUOTE=Casehardened;32735]If she voluntarily carried with the relationship after the time of the alleged assault I would say this is very significant and should be mentioned in court.

      Originally posted by sadman View Post
      Dined out with me after the allegations took money off me after the allegations etc.Are these point valid in attacking her creditability as a witness and help with the more serious allegations.I have quite a lot of evidence which weakens her testimony s but my barrister does not seem to thinks the lesser allegation matter .i know the rape one are the main ones but what about disputing everything she alleges.Please give your honest comments


      thank you
      sadman
      I agree with Casehardened and I know from experience that your lower evidence can be used against her credibility.

      I managed to prove that she took money before the allegation.
      I am aware that in your case it is after but if you are in possession of material evidence (Bills,cheques,bank statements,...)

      If your barrister is not sure about them and you are confident they can help,you should have a word with your solicitor.
      I had some evidence that my barrister was not really keen on showing to the court.
      He asked me if I was sure I wanted to.I answered that I had enough problems and this evidence was true.
      My solicitor was behind him and shook his head positively.

      We did produce this evidence and my accuser admitted her financial "tricks".
      If she would have answer "no",I had several bank statements to prove she was wrong.

      Sometimes I consider the prosecution being like a brick wall.
      (Don't worry,I am ok )

      If you don't have an extremely powerful evidence you won't get through.

      The only way otherwise is to be more clever and "hit" it several times.

      If I remember well :it is a retrial, so I would take a chance.

      Best of luck Sadman.
      Last edited by Boys don't cry; 21 September 2012, 08:06 AM.
      Non,je ne regrette rien.

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