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  • Husband convicted

    I still can't believe it happened but my husband has been convicted of rape.

    There was no suggestion of violence, they had been out with a group of mutual friends drinking. She recognised that while they were having sex she never said 'no' or 'stop', she never said that he pinned her down or anything like that, but she said that she was too drunk to consent and that she had a patchy memory of what happened. I will never believe he is guilty and I can't believe he was convicted. Of course, I was angry when he told me he cheated on me (he was drunk at the time too) but I decided to forgive him.

    I have obtained advice from a number of law firms who have all said that it is unlikely that an appeal will be successful. What it comes down to is that the jury believed her, that she was really drunk, rather than believing him, and that is just not appealable. Mistakes/negligence by the defence team are apparently also not sufficient for an appeal.

    He has been assessed for SOTP but is classed as a denier and so can't do the course. It's hard to get much information on the post conviction stage. I'm worried that if he is still classed as a denier then when he is eventually released on licence he won't be able to do the external SOTP course and so he will automatically breach his licence and will go back to prison. Him being on licence is still a couple of years in the future but I can't help but worry about it now. I want to know the date to countdown to, without fear that he will be released and almost immediately returned for a breach. Does anyone else have any experience of this?

  • #2
    Hi exhausted, Welcome to the forum. I'm so sorry you find yourself on here and the situation you and your husband are in. It's just beyond belief....

    I'm afraid I don't know the answer to your question, I think the advice in the past has been not to do the courses as this is an admittance of guilt. I'm sure there'll be someone to advise you soon.

    Other members have been or are in the same situation as you and your hubby and I hope you'll find lots of help and support on here.

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    • #3
      Have you joined pcuk ? http://prisonchatuk.com/forum/
      Its an excellent forum and has plenty of members with a lot of experience. LP
      Together We Can Beat This Hell

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      • #4
        I'm so sorry - you have had such a lot to deal with. I don't know any of the answers you ask but I hope you both get through this together.

        I really do think that some sort of campaign is needed so men know the dangers they face i.e. what may lead to charges and convictions.

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        • #5
          Hi exhausted - really sorry to read of your hubby's conviction. I can't help with advice on this on but I can send lots of positive vibes and support and hugs for you..... keep strong and some others will be able to help I'm sure.........
          "Only love can light the mirror of your soul" - Chris de Burgh

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          • #6
            This is truly shocking.

            It seems to me, from my view of news articles and trials of this kind, that it is very easy to get a rape conviction if it can be proved that the woman was very drunk.

            What about the man being drunk. There is a real case to argue that the woman in this case (subject to my limited knowledge of your husband's case) has a case to answer that she did not rape or sexually assault him.

            These cases are not black and white at all, and whilst it used to be the case 100 years ago that men were the predators and women were perceived as weak, it certainly isnt the case any more.

            I am totally disgusted with our 'justice' system!

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            • #7
              Originally posted by is there justice? View Post

              I really do think that some sort of campaign is needed so men know the dangers they face i.e. what may lead to charges and convictions.
              Absolutely - it's a real minefield!


              Exhausted
              I do really feel awful for both you and your husband. Hopefully you will come out of this stronger than ever. I'm pretty sure he will never stray again and will realise only too well how lucky he is to have you standing by him.
              I'm sorry I can't answer any of your questions but I do send you lots of support.
              Looks like we will all have to carry breathalysers in the future and get a signed and witnessed agreement before getting into bed or wherever.

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