Need Advice

[Seeking Justice]

Dear All

I am very worried. I just want to find out what the chances are of the case not proceeding after pleas are entered? Are many cases either dropped by the complainant or by the CPS or Court?

I have seen this forum whilst searching for why someone would (or could) make a false allegation of rape.

My case has been going on for months and will most probably end up in a week-long rape trial next month.

I am literally at my wits end and dont want this to go to trial, not because I know that I am guilty or have anything to hide, but simply because I know that it very hard to disprove her allegations. I know that the outcome of any trial is uncertain and innocent people are found guilty of such crimes all the time, as it really depends on how you are perceived by judge and jury (this thought terrifies me) and not on the substantive evidence as (as is the position in my case) there often isnt any evidence.

I have pleaded and have read the witness statements.

I just want to know what chance there is of her dropping the charges or the case not proceeding? - my barrister will not whoever i put this question to her give any definite answer. She simply says they have got a case and I am looking at 6 years if found guilty.

People on this site may have more knowledge and/or may be more inclined to provide some realistic figures.

I would appreciate any comments.

Ps. I have found the posts on this forum a source of strength and think there is some fantastic advice on these posts.

Many thanks

Seeking justice

[barney]

I would prepare yourself for Trial and stop torturing yourself, I completly understand how you feel and have been there. In my case the CPS decided a week prior to trial to present no evidence against me so my trial became a dispersal hearing and was over very quicky. If you have attended and pleaded then from what I understand the case can not just be dropped, as you have to be found either guily or NOT GUILTY.

I beleive it is faily rare for the CPS to present no evidence as in my case so prepare for the worst and hope for the best.

Hope this helps and better informed people will come along and give advice.

Take care

[Casehardened]

Hi,

I can't add anything to Barney's very sage advice but just wanted to say welcome to the forum.

PS have you looked at the information section http://www.daftmoo.org.uk/mooforum/f...ul-Information there are some relevant stickies in there, but basically, as Barney says be prepared, try to think of every question that may be put to you and have a reasoned response ready. Try not to hesitate, try not to be glib, don't get angry, and look at the jury when replying.

Have a look at billykickass's thread, he gives a very good account of the whole process: http://www.daftmoo.org.uk/mooforum/s...e20&highlight=

[Seeking Justice]

Thank you for your replies.

I will take into account what you have said - it seems to me that this trial is shaping up to be a test of who is the better actor rather than on any material evidence, which is quite unbelievable but I am just trying to remember it will be hard for them to prove 'beyond reasonable doubt' albeit in the current political climate (i.e. 6% of rapists are convicted) I think I may get strung out to dry!

The whole process in my view is a sham - all it takes is an unsubstantiated allegation to be arrested, charged, put into the sex offenders wing of Belmarsh Prison (until I got bailed) and have the police, court and cps repeatedly call the complainant the 'victim'!

Sorry to rant but I have kept all this to myself since I was charged and it is nice to get it off my chest!

Seeking Justice

[Cabins_2011]

I can totally see where your coming from. My case finished last week and in the months, and even weeks, leading up to it, I still felt there was still a good chance that it would be thrown out based on the constant evidence I provided to my solicitor in my defence. The fact was that my case was like many (down to her word against mine) and in terms of the "act" you refer to, I thought I did well under cross-examination (so did she to an extent), although my barrister thought I almost came across too good, and that it would possibly add weight to the prosecution claims that I was a stonewall liar!!! Nothing to do with the fact I was telling the truth then!!

Just try and steel yourself and be prepared for the trial. Through the week I went from positive to totally negative, to positive again.

Keep the faith and believe.

[Seeking Justice]

Thank you for your reply Cabin 2011. Its easy to think you're alone in this sort of thing, but there must be alot of people out there going through a similar situation. What a relief it must have been to be found not guilty.

Just out of interest, how long was you cross examined for? I have heard this lasts a day on average, but realise it must depend on the facts of the case. In my case I can only foresee they will ask details of what happened and whether she said no etc and cannot see why it would take a day! I hope that I dont get bored and answer without listening to the questions!!

[Cabins_2011]

A complete relief, I have been very lucky to have a loving and supportive wife, along with my daughter, that got me through it. Its unfortunate that some people dont have that level support. I hope you do?

Cross examination started at 3.45ish for me on day two and ended at 4.30. Next morning it resumed for another 1.5hrs. I guess it varies according to the case (mine was only one allegation/count etc)

You wont get bored I assure you, just be on your guard and discuss as much as you can with your legal team in the immediate weeks/days before trial.You should have a final meeting with counsel fairly soon.

[RFLH]

if you go in with the attitude of being bored or superior, I'm afraid you'll get right up jurors noses- they have your lifein their hands, give a bad impression and it doesn't matter if you're snowy white you can wave your feedom goodbye.

[Seeking Justice]

@ Cabin 2011 - I have only told my father about this, as I needed an address to be bailed to. He and his partner are very supportive but it was very difficult letting them know about the case against me. I have a pre-trial review at the end of the month and I think i will be meeting with my barrister. In the meantime i intend on going through all the advice on this site and reminding myself that if a miscarriage of justice does happen it will not be that bad, and it wont be the end of my life.

@ RFLH - the police said they thought i was very 'dismissive' of the charge against me and i think thats on of the reasons why they have pushed it this far. I was just so sure they couldnt prosecute the case with no evidence and with such contradictory evidence that I have seen - but, oh wait, as my barrister told me their case is that 'victims' are so traumatised after the event that they get facts wrong and so this explains anything they say or do and it gives them carte blanche to look like they are telling the truth, or may have an 'incorrect' view or 'inaccurate' version of events. I just feel the whole system is against me anything I say needs to be 100% accurate but she has an answer for everything. Even the sargeant at the Police Station asked me to imagine that she has a father, mother etc and look what i have done to them - all this without a shred of evidence!

I will certainly be boning up on how I should act in the trial, and will remain postitive because I know 100% that I didnt think it was rape, and the only time I knew that she wanted to leave was when she got up and ran out screaming to anyone that would listen that i had raped her - apparently, according to my counsel this is a 'very compelling' part of their case. So there you go, if you want to get someone prosecuted for rape this is the only barrier you need to get over!

[myhome]

Hi seeking justice - welcome to the forum and sorry you are in such a position. I can't really add to the advice you've already been given, add would echo reading billykickass's thread. I went to part of the trial to support his GF (they're local to me) and his description of the week of the trial is spot on and he has some great advice on there too......keep strong

[whatsgoingon?]

Hi Seeking Justice... you're right to think it's a sham - it is! My son was also taken to court... no evidence, just his statement given on a false premise given by the interviewing officer. Nothing said against him by the alleged victim, just speculation and misinterpretation on the part of OIC. So you see it does happen.
I think it's a good thing you've told your Dad, if your relationship allows it and if he's willing to, get him to accompany you to meet with your defence team. The support you can muster from your family and friends can prove invaluble.

I'm not sure how many people are such fine actors they can decide how they're going to act or appear in court. Actually, it's a terrifying ordeal, even as someone who's supporting an accused person, just speaking clearly in an articulate and consistent manner is as much as you can hope for. The only thing you can relly on is your preperation and your determination for the truth to be heard and become an incessant ring in the juror's ears.

You need to explore every avenue that's going to help you win your case and work hand in hand with your defence team to that end.

Look at all the relevant stickies, other peoples case and experiences. Don't get bogged down by it all but stay alert.

Good luck - keep coming back for advice etc when you need to .

[Seeking Justice]

New Developments

Hi Everyone

Just thought I would updater you as to the progress of my case.

We now have the ABE video, my tape recorded interview and the 999 call.

We also have received 3 discs of CCTV but unfortunately there is nothing on them so we have requested the same asap.

I was very happy surprisingly that things are now moving forward, and for the first time I had an overwhelming feeling that I cannot wait for the trial for the truth to come out.

This things has been hanging over me for months and months and is with me 24/7. I have been kept in custody and my parents had to agree, after being told I was charged with rape, that I could stay with them. I have been on a curfew and dont go out anymore and cannot foresee trusting anyone for the foreseeable future.

It was so easy for my lovely FA to throw these wild accusations around, and spend maybe 1/2 day in the police station probably with carte blanche to leave whenever she wanted.

Now is the time that she must answer some very pertinent questions to which the answer will probably be i dont remember (she says this x100 times in her statement, but is so adamant that i 'raped' her). She must take time off work for all the trouble SHE has caused and will be inconvenienced by the fact that we dont exactly know when it is going ahead (my barrister said we only really know times etc 4pm before the hearing).

I am so convinced a jury is going to see through the lies but still feel aggrieved by a system which is (worryingly) making it very easy for anyone to make a FA and be believed with hardly any danger of any comeback.

Once the trial is over I will be pushing for either civil compensation from her and the crown and for her to be prosecuted for the FA and all the waste of time and money it has caused. There are genuine rape victims that will be tarnished, in my mind and everyone else's thats involved in my case, due to her FA's and others that make this stuff up for fun.

I know its a long shot to bring proceedings against her or get her charged, but I am awaiting how obvious it is she is lying at court.

I literally cannot wait now

[Cabins_2011]

Hi Seeking

All good progress with the evidence received. I never watched the ABE in my case, but went through the original shorthand transcripts, and then a few months before the trial I went through the proper typed manuscript version. I guess with you now getting close to your trial date you will need to scour through her evidence with a fine toothcomb.

Great to hear the positivity and trust me, thats really important in those weeks/month before its all go go go.

[whatsgoingon?]

Hi SJ - glad that you seem so positive. One of the things my son and I did was to listen to the tape of his interview and compare it to the written statement. We found stacks of mistakes (over 2 pages worth), some very important, including where the interview had taken place.
Just one word out of place can put a completely different meaning on a sentence. Imagine that times 30-40!
When we confronted OIC at the end of the trial about the place of interview he called it a 'typo'! On reflection I would call it falsifying evidence. It's worth watching out for anything which has been altered or fabricated.

[Seeking Justice]

Thanks for the advice - I would not be surprised if they have deliberately made things sound worse when getting the interviews typed up.

My dad says the police are just doing their job, and dont care whether you get prosecuted/plead guilty or not, but I have a very strong belief that they have tried to fabricate/lie/mislead in my case.

It all makes me think that many other people may have pleaded guilty by now (even if they were not guilty) and so this must happen all the time.

What a sad state of affairs this is! I would never plead guilty to something I had not done, but simply the thought of going through the trial itself might scare some innocent people into pleading guilty.

Why isnt there any protection whatsoever for the accused? Perhaps this will all change if someone in power is ever accused and treated in this way.

The problem is our society I feel, everything gets hyped up and people act as judge jury and executioner without knowing anything about the case!

This was certainly true in my case as everyone was so sure I must have done it on the basis that she said so, and at my first hearing I thought that was it, my life is over and noone is going to believe me.

As the months have gone on however inconsistencies and lies are starting to surface and my belief in a jury trial is growing stronger every day.

I would urge anyone that is innocent to not be fooled by these wicked police tactics and be prepared to fight all the way and even take it to an appeal court or beyond if necessary.

I know I will!