Barrister makes FA

[felix]

Have just discovered the my accuser has been called to the Bar. Can I talk to the Bar's disciplinary body?

[Faith]

I have absolutely no knowledge of this. The only advice I could give is to make contact with them and see if they will talk to you. Chances are, for disciplinary purposes they may be interested in your input, if being called to the Bar is related to their FA against you. but I don't know how disciplinary procedures work against legal professionals so this is just a hunch based on the disciplinary hearings I've experienced in another sector.

[Rights Fighter]

I think he means the complainant is now a barrister. Can you prove beyond all doubt that she lied? If not then I guess any complaint will go nowhere.

[felix]

No, the argument related to consensality BUT there were amorous emails and texts from her in the days immediately following the rape and implied (possibly actual) threats of blackmail.

[Rights Fighter]

That's common sense evidence. It's not evidence (in the eyes of the law which is important here) that she was not raped by you. Unfortunately.

[lawlessone2009]

I'd encourage you to present whatever info you have regardless.

In a reversal of positions, if many allegations are made against you then at some point enough mud will be slung for some of it to stick. No reason, in my opinion, why you can't sling some back. Nothing can be proven either way by the looks of things but there shouldn't be any harm in trying.

Maybe 'RF' will shoot me for saying that......

[Rights Fighter]

Yes by all means present all the evidence you have. My point was that quite often a suspect/defendant will 'present evidence' they really believe will assist and later are shocked to the core how it is twisted to suit the prosecution case.

I am not saying that you should not make use of it - just don't be surprised if it backfires on you. Anything that can help put doubt in the eyes of the jury go for it - but it can, as I said, be used against you too. Just be aware of that.

I do know that at appeal stage, fresh evidence is often submitted and the appeal fails because although it might have put doubt in the eyes of the jury, it was not 'fatal to the verdict'.

What we might think is vital evidence is not always necessarily so.

[lawlessone2009]

Yes by all means present all the evidence you have. My point was that quite often a suspect/defendant will 'present evidence' they really believe will assist and later are shocked to the core how it is twisted to suit the prosecution case.

I am not saying that you should not make use of it - just don't be surprised if it backfires on you. Anything that can help put doubt in the eyes of the jury go for it - but it can, as I said, be used against you too. Just be aware of that.

I do know that at appeal stage, fresh evidence is often submitted and the appeal fails because although it might have put doubt in the eyes of the jury, it was not 'fatal to the verdict'.

What we might think is vital evidence is not always necessarily so.

I wasn't doubting your sound advice for one moment. I thought the OP was posting outside of any allegation that was due for court and was more informing 'the Bar' about possible conduct issues with one of their new recruits, so to speak...

[Rights Fighter]

I wonder how many new barristers have people who don't particularly like them make allegations against them to prevent them qualifying..... not a huge amount but I bet there's a few.

They would have to be proven before anything would be done about them. It's not the same as making an allegation to the police and then finding yourself at the centre of an investigation.....

[Faith]

Is it not the same with employment and civil law when it is balance of possibilities?

[Rights Fighter]

I know where you are coming from Faith. But this is not a criminal investigation against her. All it is is an allegation by somebody she accused of a sexual offence. How would they view it? Possibly with sceptism - tit for tat response.

There is nothing to stop him trying of course. But best not to get hopes up. I'd love him to prove me wrong though, as it could help others in the same boat.