First day of trial over...

[just married]

very best wishes and good luck to you for tomorrow. x

[steve22]

The 'can't remember and didn't have the strength, kept passing out' etc seems to be a default setting as my FA'er said exactly the same.

This is going to be what tears me to shreds if i go to trial. Im 6'3", almost 15stone and quite muscular.

Going from what you have all said this seems to be the prosecutions favorite argument.. Always tends to be a focus when the media reports on it too?

Good luck! Will be keeping everything crossed for you

[lawlessone2009]

This is going to be what tears me to shreds if i go to trial. Im 6'3", almost 15stone and quite muscular.

Going from what you have all said this seems to be the prosecutions favorite argument.. Always tends to be a focus when the media reports on it too?

Good luck! Will be keeping everything crossed for you

Nothing like the good ole 'big strapping man' taking advantage of 'wee helpless lass'. Been done to death for decades and I have no doubt that on occasion it is actually true but the fact it appears to be over used, again, does it little justice. A 'default' position for all prosecutions is a little sickening considering they keep bleating that 'every case is different and needs to be considered and tried on its own merits'...

Suppose a lot of it has to do with the way legal professionals are brought into the system and trained up. Also shows a lack of personal initiative.

The 'image' that they are attempting to create is quite a powerful one and 'if' they manage to pull it off then the jury could be swayed towards believing the accuser. That is why it is absolutely crucial that you have a proper defence team in place with the relevant experience. You need you 'defender' to get on up that and change that image, back it up with some form of evidence and then rip that image to shreds.

[Hopeful]

Good luck and think bananas :-) x

[Stunned9]

Good luck!! Al my prayers wth you!

[Absolutely gutted]

Verdict possible tomorrow

Hi everyone,
I thought I give you an update of what has happened yesterday and today:

Yesterday our barrister made the submission for dismissal of the case, my husband is charged with anal and vaginal rape - don;t know if I've mentioned that already, the girl said to police he was in her and that it was in her bum, thus the charge for anal rape and because husband confirmed vaginal intercourse, the CPS charged him with vaginal rape as well. Now, our barrister pointed out that jsut because husband confirmed vaginal CPS can't charge with vaginal rape bc she didn't specify that in interview.
Also, the doctor who examined her found two very small lacerations near her anal area (outside, not inside anus). Husband said that while he was trying to put it inside her vagina, he might have missed and pushed it near her anus, the doctor said that the injury could have also been caused by a finger or similar object.
The judge then suggested to add the charge of attempted anal rape which would have been devastating for defence due to the lacerations, the CPS said they don't want to do that.
Today, husband gave evidence and was cross-examined (horrible female barrister, I know she's only doing her job but I was so angry and had to shake my head all the time bc I couldn't believe what she said), husband was great though, he stuck to what he said in poice interview.
Our barrister mentioned our marriage and asked for my name and asked husband where I was now, husband then pointed towards public gallery and said over there. We were both so emotional at that point. Our barrister was doing a great job explaining everything, mentioning his caution to jury (to which prosecution had no further questions).
After cross-examination he read character references which made both husband and myself cry. Husband didn;t try to show jury but they were looking at him and probably saw it anyway, I just couldn;t hold it in anymore at that point, all the tension and harsh words during cross-exam and then the kind words from the references, I felt overwhelmed and awful.
The defence closed their case and the jury was sent outside and judge was discussing what to include in final direction to jury before they have to decide on verdict. And that's when the trouble started:
He brought the subject of attempted rape up again bc of the lacerations (and doctor said in letter that it indicates at least attempt) and asked CPS if they still don;t watn to add that charge, and the barrister first said I don;t think it's necessary but then after a couple of minutes said actually I want to go for it...and our barrister tried to argue that you can;t just change the charge bc you find out at the end of the case that it indicates attempt rather than actual rape (they should have thought about that from the beginning). The judge was still quite insistent and that's when I had to leave the court room, I couldnt take this bull**** anymore, I was so angry and upset, the CPS know they dont have a good case and tried to get at least something out of it. I had feared for the worst, but when husband came back from final meeting with barrister after the discussion, he said that our barrister managed to prove that it woudl be unfair to husband to add the charge of attempt now that case was nearly finished, so judge ruled that the two counts of charge remain as they were. Our barrister said that this is very good bc of lack of evidence.
The accusaitno of anal is pretty unfounded as she claimed to never have had anal intercourse before and when you have it for the forst time and without having given consent you will most definitely find injuries inside. As for the vaginal accusation, this is now up to the jury to decide, it could go either way....I don;t think they would convict for anal, but Im not sure about vaginal.
- she claimed she was so intoxicated that she passed out
- no alocohl found 20hrs afterwards
- her freind who was in the other room at the time of incident confirmed in cross-exam the girl was in control shortly before incident, but claimed she was sleepy at the same time which is contradiction
-husband's state of mind directly afterwards when girl started crying ,he said he was panicked bc he didn;t knwo why she started crying, jury then asked why his friend who was hooking up with her friend in the other room and left with husband after she started crying was not here to give evidence, jury would have liked to get his opinion on how husband was when they went home...prosecution and defence told jury they were not able to get a hold of him

Sorry, for talking so much but I want to make sure I include everything, my emootions are all over the place, I am fearing the worst...
Tomorrow will be closing statements of both sides and directino of judge before jury are sent to consider verdict, we could get a verdict tomorrow if we are lucky.

[myhome]

Hi AG - this has been an horrendous couple of days for you and it's going to be a long evening and night waiting for tomorrow. It'll be very difficult for you not to try and second guess the verdict - but try not to. Have a busy evening together doing things you both enjoy....we'll all be thinking of you....sending and

[lawlessone2009]

I'm reading your summary and I'm thinking that this is going to be close cut.

The jury appear to be very undecided and feel that they are lacking information. Your defence team are going to have to be on top form when presenting their closing case. From what you've already indicated they are up to the job!

It really seems to be able to sway either way. Maybe it's your emotional state and fears for the worst. I'm reading a lot of positivity around it all and even feeling that you being in the room has added strength to the defence. A husband that's been a silly bugger is not a husband that commits rape.

Hold in there. It's nearly over.

Sending positive vibes and hoping that the jury return Not Guilty verdicts.

As for the judge... Very weird!

[Saffron]

Oh, I am thinking of you.
Try not to second guess things - it's too painful.
Hugs xx

[lawlessone2009]

I'm reading your summary and I'm thinking that this is going to be close cut.

The jury appear to be very undecided and feel that they are lacking information. Your defence team are going to have to be on top form when presenting their closing case. From what you've already indicated they are up to the job!

It really seems to be able to sway either way. Maybe it's your emotional state and fears for the worst. I'm reading a lot of positivity around it all and even feeling that you being in the room has added strength to the defence. A husband that's been a silly bugger is not a husband that commits rape.

Hold in there. It's nearly over.

Sending positive vibes and hoping that the jury return Not Guilty verdicts.

As for the judge... Very weird!

I forgot to add:

Beyond reasonable doubt.


Sounds to me as if they have doubts. Let's hope they're 'reasonable' doubts or straight up non-belief!

Wishing you the best.

[Absolutely gutted]

Verdict not until Monday earliest...blasted snow!

HI everyone,

thanks again for trying to reassure me
Things today looked considerably better than yesterday, although it started with a heart attack moment in the morning before jury was summoned:

The prosecution tried to push for attempted again, even though the judge rejected that already yesterday, and they actually wanted to drop the original two charges in favour of attempted - I couldn't believe my ears when I heard that, they CPS must really be aware of he fact that hey don;t have enough evidence to convict on these two counts of actual rape. The judge refused again and they agreed that the CPS in their closing statement will ask the jury to first consider the anal rape allegation and if they don't find him guilty of that, to consider the vaginal rape allegation (which is the most likely of the two as there's absolutely no evidence for anal penetration). In return, if they find him guilty of the anal rape allegation they are not allowed to convict on the vaginal rape allegation. I don;t know about you but if I was a jury member, I would think what the hell is going on here...It is obvious that the CPS does not feel that they have enough evidence to convict on at least the anal allegation. This is so ridiculous, even the security guard that sits with husband in dock said the CPS would try anything to get a conviction out of this which I find so disgusting, I can understand this in real rape cases but if you find so many inconsistencies and things that don;t make sense why would you still go for it?? Do they get money for every case won or something?? Does her barrister (female) really believe that he's guilty?
Anyway, the closing statements were held today, the prosecution's was super short bc they don;t have enough evidence or facts that would speak for her. Our barrister took nearly an hour during whicih he pointed out all the inconsistencies and medical evidence that is supporting husband's side of story rather than hers.
Due to the snow the court was closed shortly after lunch and judge won;t be able to present the summary/direction until Monday 12pm (could even be later due to other obligations of prosecution that morning), so we could very well have to wait for verdict until Tuesday:-( I was so hoping to get verdict today...Our barrister said husband is in a good place and that there's always a chance of conviction. But it is looking good. I felt much better after today's closing statements and think I can even enjoy the weekend.
Thanks so much again for all the support, it is much appreciated

[Boys don't cry]

I am glad you feel better tonight and hope you will enjoy the white weekend.

The CPS who wants to convict for any reason is like a chid who picked a wrong card from a set,
wants to put it back and chose another one.

Except,I would forgive a child for doing so but not the CPS who is not playing the same game.

Take care both of you.

[lawlessone2009]

Yeah... Well put BDC!


The thing is that IF they were to get a conviction now there must be soooooo many grounds for appeal that any conviction simply wouldn't stand the rigours of a well presented appeal.


Your previous postings have provided positive hope but have been reasonably deeply negative in so far as your husbands chances. This is good as within them you've provided reasonably unbiased snippets of info that when put together tend to sway me towards a favourable outcome.

Your most recent revelations (which I have been eagerly awaiting all day! ) fill me full of absolute confidence. The prosecution are clutching at straws and I'm surprised the judge hasn't sent them packing!

'Any conviction will do as long as there is a conviction' really isn't what is expected 'in the publics interest' but it seems to be the 'norm' these days. It sickens me and I am sure it is also sickening you and your husband.

Your case sounds so blooming weird and confused that I am sure the judge is going to have to do a lot of directing!!! The jury are going to have to understand what in hell is happening and it is, strangely, good that they have the weekend to do this. No rushed decisions. I'm sorry you guys need to wait though!!!!

Hold on in there and keep positive. You've made it this far so a little extra will be worth it.

[myhome]

As you say this is sounding so much more positive though yet another wait will be frustrating to say the least... hang in there, kep busy and enjoy your weekend and try not to second guess toooooooo much!!! sending for Monday....

[Hopeful]

Hi there I am the husband of hopeful, My wife has been posting on here for quite some time after I was falsely accused by my ex wife of rape after she lost a custody battle. I know how hard this last week has been for you, your husband, friends and family. My wife (Hopeful) has been giving me updates on your progress and I must admit that whilst it has brought back some awful feelings for us we are following your case and praying for you and your family every day. With what I have read from your post's and what they seem to be doing to you in court it certainly shows they are really struggling with anything concrete which can only go in your favour. We spent the whole week hanging onto hope with a prayer or three but at the end of it the Jury used good old common sense and saw exactly what was happening. We are so glad you have managed to stay positive this weekend and we will be thinking of you all next week.
We will be watching and praying for you all.

Regards

Paul, Michelle & Bananas...