My partners been accused of non-consentual intercourse magistrates next week

[supportinggirlfriend]

Hi I am new here, I am terrified for my partner (with whom i am expecting a child) I've known him for years but we only got together 8 months ago. At the start of this year he was seeing a girl and they had been on a few dates, on this occasion after drinking quite a bit and spending the day together they ended up back at a friends house and later on having sex, only half way through she started screaming and ran away saying he had raped her! It was at her friends with none of his friends there as witnesses just hers. Now almost 11 months later he has to attend magistrates court next week. I have no idea what to expect or what happens after the magistrates? I am so concerned my partner wont get to be at the birth of his first born child.

[scaredwife]

Sorry to read your story, but you will find a wealth of knowledge and support here!

My hubby had 2 appearances at magistrates when he was falsely accused, the first one was basically to just refer the case onto crown court, and the second was his case management where he entered his plea and got the dates for his trial.

Most important things are to write down everything he remembers, no matter how insignificant it might seem, and also to ensure he has legal help who is experienced in defending these types of cases. Don't forget, the police are not his friend - they just want to hit their conviction targets, whether you are innocent or not.

Someone else will be along with more specific answers to your questions, but welcome and stay strong, the truth will out!

[myhome]

Hi - so sorry that you have found yourself here - there will be a wealth of info, advice and support. Have a look at the sticky below - this will anser some of your questions. Other members will be along soon.....keep strong.....

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

[supportinggirlfriend]

Thank you for your replies. We have been to magistrates he was in there under 5 mins and referred immediately to crown court. His solicitor is going to find him an appropriate barrister, and I believe he is going to be told what 'evidence' they have on him over the next few weeks. Next preliminary appearance (not sure what this means?) is first week in Jan, then he will have another date to give his plea and eventually the trial. I can not imagine my life without him, I am struggling to hold it together and I know I need to for his sake but all of what hes going through and being accused of is sickening especially if you know him like I do and know what an amazing partner and human being he is. We should be ecstatic at the news of expecting a baby but its all dulled very much so by this awful black cloud.

[soulbug]

Thank you for your replies. We have been to magistrates he was in there under 5 mins and referred immediately to crown court. His solicitor is going to find him an appropriate barrister, and I believe he is going to be told what 'evidence' they have on him over the next few weeks. Next preliminary appearance (not sure what this means?) is first week in Jan, then he will have another date to give his plea and eventually the trial. I can not imagine my life without him, I am struggling to hold it together and I know I need to for his sake but all of what hes going through and being accused of is sickening especially if you know him like I do and know what an amazing partner and human being he is. We should be ecstatic at the news of expecting a baby but its all dulled very much so by this awful black cloud.

Very important , do not just accept the barrister your solicitor offers you , ask on this site for which barrister would be best to pick , has the solicitor you are currently using got a lot of past experience in dealing with these kinds of matters ? if not then change your solicitor.......fear not people on this board will help to point you in the right direction.

I cant express it enough that the above is of complete importance , you need to have extreme faith in the ability of "Your" chosen professional , you can pick and choose whom you wish for , even on legal aid , subject to the solicitor / barrister accepting legal aid cases.....

Fingers crossed though , you already have a well experienced solicitor in these kinds of matters , if you are unsure , call your solicitor and ask them about there previous experience in these kinds of matters and how many cases they have won......its important, even more important is your choice of barrister and please do not let your solicitor choose the barrister , please research the barrister .

[supportinggirlfriend]

My partner did question his solicitor wether he would be best going for a private barrister, not that he can afford to, but the solicitor assured him they'd choose someone even with the correct personality & background etc. We were unaware you could choose your own and still use legal aid? We both have no idea about how to go ahead with all of this its such a headache, and of course not something either of us have any experience in at all. I worry for him as he seems to try and bury his head in the sand a little and push it to the back of his mind until nearer the time, this has ruined his life already, hence me looking for answers to try and guide him in the right direction.

I am going to leave it a day or two to let him recover from yesterday and then get him to call his solicitor and question their background and ask more about the barrister after reading your reply soulbug. Many thanks

[Rights Fighter]

You can ask for the barrister of your choice providing he or she is not too far away - if you are on legal aid. LA will not pay for counsel to travel miles and miles and overnight expenses. Which area are you in?

[supportinggirlfriend]

You can ask for the barrister of your choice providing he or she is not too far away - if you are on legal aid. LA will not pay for counsel to travel miles and miles and overnight expenses. Which area are you in?

All of the court appearances are taking place in Kent although we actually don't reside there anymore. I'm so grateful for all your replies would have been so easy to just roll with the current solicitor through not knowing what else to do!

[Rights Fighter]

Which sols are you using? Barrister Nerida Harford-Bell was brilliant at a trial I attended in Guildford last year.

[supportinggirlfriend]

Which sols are you using? Barrister Nerida Harford-Bell was brilliant at a trial I attended in Guildford last year.

Haskells I believe are the ones being used currently. He has a preliminary court appearance first week jan, is it getting to late to change sol? I believe they're getting copies of her statement for my partner over the next couple of weeks.

[Rights Fighter]

I can't see a website for them and I don't know them at all. That's not to say they are no good, they might well be excellent.

Yes it's probably too late to change now. Ask them if they can check to see if Nerida is free. Which barrister have they suggested for you?

[supportinggirlfriend]

I can't see a website for them and I don't know them at all. That's not to say they are no good, they might well be excellent.

Yes it's probably too late to change now. Ask them if they can check to see if Nerida is free. Which barrister have they suggested for you?

Thank you I will suggest this to my partner this evening, they've not given any names of a barrister as yet. I also couldn't find any info for them online, my partner doesn't feel quite as in the loop as he'd like to with them. Thanks for your quick responses

[Rights Fighter]

They really should keep him updated but some sols just don't, unfortunately. He could write to a senior partner and tell them of his fears that he is not being kept in the loop and he doesn't feel as though he has a voice.

http://www.gardencourtchambers.co.uk...arfordbell.cfm

I've seen her in action as I said. She was brilliant and CARES about the client.

[supportinggirlfriend]

They really should keep him updated but some sols just don't, unfortunately. He could write to a senior partner and tell them of his fears that he is not being kept in the loop and he doesn't feel as though he has a voice.

http://www.gardencourtchambers.co.uk...arfordbell.cfm

I've seen her in action as I said. She was brilliant and CARES about the client.

Thank you so much for your help, will certainly give this a try. Is there anything else you can suggest I or he can do or research that may help him? Being proactive really helps with all the lengthy waiting in between court dates and information.

[Rights Fighter]

All you can do is to speak to people who might be able to give evidence - either material or 'good character'. If the accuser is on Facebook and the profile is open check that out. Also check out their photos if you can see them as often there are helpful comments on those as well.