Desperate for support for me and my family

[scarrlane]

I’ve just discovered this forum and hope your members can help.

At the time of the alleged offence I didn’t think or recognise that I had offended – the woman did not complain, comment or say anything apart from being pleasant to me and my partner before going on holiday.
During this time I did not recognise any problem and put the event down to experience. The women left me with no understanding about her thoughts or feelings.
When the woman returned home from holiday she started a campaign of using social media to message my partner who is her sister to disclose that she had been raped by me and she wanted to kill me and she feared for her niece who resided with her mum and me. Arrest followed and I gave the officers full co-operation in order to speed up any enquiries. A waiting period of six months on police bail followed before being charged with rape. This charge resulted in me being suspended from my senior management work role.
The work suspension and police bail continued for a further twelve months. This prevented me from leaving my home address or going on holiday. I have become socially isolated and reclusive in my behaviour – this had had a detrimental effect on my family and health.
My trial was heard in June 2013 and the jury returned a verdict of guilty of rape.I believe I was wrongfully convicted and badly represented. I am innocent and intend to appeal.
I will be sentenced in August and I’ve been advised to expect a long custodial sentence. I cannot understand how the law can take two peoples statements and use no other evidence to convict the man.
My solicitor has stated that he cannot support an appeal due to no more evidence being presented – I cannot find any more evidence apart from my statement and her statement. Any support is appreciated to overturn this miscarriage of justice.

[Innocentguy1983]

Wow... What an ordeal you have been through. I'm really sorry this has happened to you.

I can't offer any advice surrounding an appeal, however I have read news articles where people have tried to appeal using a different solicitor?

Someone with more knowledge should be here soon to offer advice.

Please stay strong, there is always a light at the end of the tunnel. Despite how long it may be....

With regards to sentencing, I would read the stickies about what you can take to prison.

Good luck to you and your family

IG

[RFLH]

ask your legal team if you can have the unused bundle - there may be something in there that could be used for an appeal.

There is a poster called Rights Fighter who comes on occasionally and she may be able to give you a few pointers - take note of any advice given - she knows her stuff.

[is there justice?]

I really do feel for you but I believe you need grounds for an appeal. https://www.gov.uk/appeal-against-se...-court-verdict

You will need to go through things with a magnifying glass to find grounds but it's worth doing. Is there some evidence that was ignored? What's happening on the social media sites now?

I don't know what the woman said, whether she was too drunk to give consent or something else but it was probably easier for your partner to believe her sister rather than face the fact that you and her sister had cheated on her and maybe lose both of you. This way she still has her sister and gets revenge on you so I can see a possible reason.

Good luck

[scarrlane]

thanks so far

Im an innocent man - And cannot do what the probation want – I am not going to say I am guilty. With the recent diagnosis of MS and ischemic heart disease which means I take eight tablets a day I need to be close to my partner – she has been with me 100% since day one and she hates her sister for setting me up and taking the role of a victim to destroy me. I think she wants compensation and splitting me and my partner up – that will NEVER happen. Going to jail an innocent man is the hardest thing ive ever faced in my life but I have to survive the injustice for my children – thanks again for the support network.

[is there justice?]

I'm glad your partner is standing strong with you. I'm sorry that I assumed that she had corroborated her sister's claims.

Her sister is probably very jealous of your relationship - it's strange to be like that but definitely not unheard of. The compensation is always an added incentive.

I agree that you should never admit guilt when you are innocent but to be honest I do understand why some people do.

As LL1 wrote the other week, the hardest position to be in is innocent and fighting the charges.

I really hope you manage to turn something up to help your position.

[scarrlane]

Offers of help

Friends and family and colleagues want to help reduce any sentencing – They want to write letters giving a personal character witness statement to be given to the Judge. I am not sure if this is allowed however they are asking to help. My children want to write to the judge also as they feel that they need daddy at home. Has anyone ever seen this done, or can give any positive advice to the letter writers.

[Casehardened]

Hi,

I understand that your defence counsel should enter a plea of mitigation on your behalf before sentencing so if this has not already happened you could ask him to include these character testimonials.

http://www.lawgazette.com.sg/2006-1/Jan06-feature2.htm

[myhome]

Hi and welcome to the forum but so sad to read your story - I can't offer any legal advice but the general consensus is not to admit to being guilty of anything you are innocent of just to get a lighter sentence or any other "bribe" they might offer you. My understanding is that if you admit to being guilty you will have to sign the Sex Offenders' Register, undertake "rehabilitation programmes, " will not be able to appeal the verdict and will never be able to retract your statement......

[scarrlane]

sex offenders register

Following my legal advice I pleaded not guilty to rape – the CPS wanted to add a second charge of sexual assault which was turned down by my QC – the jury found me guilty of rape with no evidence apart from my statement and the woman’s – medical evidence was not presented. I have signed the sex offenders register and face a custodial sentence in August – continue to believe I am innocent and out of time to enter an appeal of the conviction.

[whatsgoingon?]

Hi Scarrlane... so sorry you say:

'My solicitor has stated that he cannot support an appeal due to no more evidence being presented – I cannot find any more evidence apart from my statement and her statement. Any support is appreciated to overturn this miscarriage of justice. '

You also said you didn't feel your solicitor was all that good. I wonder if there's any point you getting in touch with one who specialises in appeals?

( Rights Fighter, are you there ?? )

Did you pay privately or are you on legal aid? The one who's supposed to be red hot is Chris Saltrese ( fee paying only).

Wrack your brain for new evidence.....

[Faith]

WGO, Rights Fighter is currently attending a trial so she's up to her eyes in work at the moment

In terms of going for an appeal, advice given so far is correct; there need to be certain grounds for appeal.

This is usually fresh evidence or abuse of process (something procedural in court such as the judge being leading in his summing up for example)

These grounds need to be robust. When I say evidence, it needs to be solid evidence. And when I say abuse of process, it just needs to be that...unfortunately, feeling that the outcome and process felt unfair isnt enough.

There are a lot of cuts in legal aid right now and so the whole premise of appealing hangs on a knife edge as it is. It is always best to lodge an appeal, if you have grounds, earlier rather than later.

The chances are, that a custodial sentence will be unavoidable, particularly given that you did plead not guilty. I am absolutely not for one second saying this is the wrong thing to do. I would never ever like to see someone pleading guilty when theyre innocent so do not be tempted to make any confessions to mitigate yourself unless they are true. Statements from friends or family to attest to your good character can often help...if you can get one from someone in a high up profession such as a doctor or a teacher for example who knows you, this may also help, but bear in mind that they may not be comfortable with doing this given the nature of the alleged offence. If, by any chance, there are any other things that can be mentioned that would help reduce a sentence, such as how your family would cope financially and practically without you or a health condition that may make prison particularly difficult for you then talk to your solicitor to see whether they think its worth getting this across.

Never, at any point, agree to do a course to 'correct' your offending behaviour. This is practically admitting that you have committed sexual misbehaviour and bang goes any chance to appeal.

Please contact Chris Saltrese solicitors (google his name). Mr Saltrese specialises in appeals against convictions of sexual crimes and may be able to help direct you. In the meantime, it would be wise to ensure you have someone who can do any appeal work/communications and all other matters such as managing your finances whilst you are serving your sentence. Ensure this is someone you have complete faith in, a relative is definitely advised. If that person then makes an account, I can then contact them.

[scarrlane]

good advice

Will be joined by family members who will join the forum - spoke to chris - the call handler was not able to help. Seeing my QC to discuss mitigation tomorrow - thanks for your support

[is there justice?]

I wish there was more we could do. You are in the nightmare situation that everyone dreads. I'm so sorry I can't help - it's so unfair

[scarrlane]

reduce the sentence tariff

My QC told me after 25 years in law he has only experienced my dilemma twice – he stands by my word of being innocent however he feels the jury did not like me due to my honesty and not showing respect to the prosecutor who was trying to needle me - Next job will be trying to reduce the sentence tariff