false allegations of historic child rape

[victimized]

Innocent but convicted.

I have been convicted of indecent assault by insertion of the penis, fingers and instruments into the anus, and attempting to inflict grievous bodily harm by cutting with knives and pouring acid into the incision. The charges relate to 1987 to 1991 and are historic as I was 14-17.

The case relied upon evidence from the complainant. I did not give evidence on advice from counsel. He presented himself as a drug addict whose problems originated from abuse. The jury may have sympathized with him and found a guilty verdict despite the directives from the judge to not sympathize with either. The conviction was 10 to 2. It was not a unanimous verdict.

The evidence of the complainant was riddled with inconsistencies.

Our father testified for the prosecution. He denied having witnessed any alleged abuse. He related that I loved the sibling but that relationship had deteriorated as time passed. He referred to my Obsessive Compulsive Disorder. He referenced notes that I had made in 1985 which forbad my sibling from touching me.

The sibling argued that he did not touch me, but I touched him.

He described how the parents had destroyed all incriminating evidence as they wanted to protect me.

The defence barrister used the OCD to explain that sufferers do not like physical contact with faeces.

As I gave no witness evidence, my interview with the police was read aloud. I stated that I had no relations with my sibling since his birth and that I considered him to be dirty. I stated that I kept a toy gun on my person to scare him away as I did not want him to touch me.

The jury may have interpreted my aloofness from my sibling as commensurate to hatred of him which made it likely that I had abused him.
My barrister cross examined the complainant asking him how he did sports when his anus was painful and questioning how no one witnessed the injuries. He replied that he pretended to have migraines to be excused from going to school and that he covered the injuries with plasters.
Counsel are stunned by this. They are considering all possible routes. Sentencing will be next month. I am distressed. I have lost the will to carry on. I am disheartened. I despise the jury justice system. I am innocent yet am convicted.

What must I do now? I sincerely hope to receive assistance from members of the forum. I am desperate.

[AmandaF]

Oh My God!!!!
I cannot help with legal advice but I am truly truly saddened by this. My OH was convicted on no evidence at all, just the lies of those who sought to cover up there own crimes.

We have to initiate change before any more lives are ruined.

Words fail me

[YearsOfHell]

I also cant help with any legal advice, others may be able to advise.
But from what I have read on this forum this is NOT the end.
DO NOT GIVE UP.
There are avenues you can look at but that will have to be down to your legal team.
I cant give you those options.
Please, please hang in there.
Even if you end up serving a sentence, you are still alive. You will be free again one day and you will survive.
Be strong. I cant imagine how you must be feeling but know that you're not alone.
Keep focussed.
Best of luck
YoH

[Rights Fighter]

Was there medical evidence of cuts and burns to the knife wounds? If not were the jury aware of that?

It seems that your barrister is going to try to appeal from what you said:

Counsel are stunned by this. They are considering all possible routes.

Hopefully there will be grounds with which to appeal. Hold on in there.

[AmandaF]

I've read through your previous posts- surely there has to be something to warrant an appeal?

Did they not look at any evidence of injury, medical records? You cannot drink bleach without lasting damage.

I am appalled, but as YoH says, don't give up hope

[Rights Fighter]

Also if he is on Facebook or any other social media look out for any remarks relating to coming into money. He will be able to claim a huge amount given the jury has decided that the alleged abuse is the cause of his mental health problems. Also any comments made by his friends.....

[victimized]

Thank you AmandaF, YearsOfHell and Rights Fighter. I am extremely grateful for your support in this most stressful situation.

Was there medical evidence of cuts and burns to the knife wounds? If not were the jury aware of that?

It seems that your barrister is going to try to appeal from what you said:



Hopefully there will be grounds with which to appeal. Hold on in there.

There was no evidence of incisions and acid injuries in the medical report. The jury heard the report which detailed visits to the doctor for hay fever and coughs.

The complainant said that the cuts and acid burns were on his legs and that he covered the wounds with plasters. He was unconvincing, but the jury believed him.

[victimized]

I've read through your previous posts- surely there has to be something to warrant an appeal?

Did they not look at any evidence of injury, medical records? You cannot drink bleach without lasting damage.

I am appalled, but as YoH says, don't give up hope

I agree, bleach is extremely corrosive especially when ingested. The complainant alleged that he felt sick after consuming the bleach and the parents treated him for stomach ache. The jury believed him. It makes absolutely no sense.

[victimized]

Also if he is on Facebook or any other social media look out for any remarks relating to coming into money. He will be able to claim a huge amount given the jury has decided that the alleged abuse is the cause of his mental health problems. Also any comments made by his friends.....

The complainant is not on social media and his friends are just as unscrupulous.
The counsel are intending to appeal, though I cannot ascertain the grounds for it at this moment. I will contact them within the week and hopefully there will be some more progress.

[AmandaF]

I'm so gobsmacked I can't answer just now

[Rights Fighter]

I agree, bleach is extremely corrosive especially when ingested. The complainant alleged that he felt sick after consuming the bleach and the parents treated him for stomach ache. The jury believed him. It makes absolutely no sense.

Did counsel bring in an expert to explain to the jury the affects of bleach being drunk and also poured onto an open wound?

[Rights Fighter]

The complainant is not on social media and his friends are just as unscrupulous.....

Are you sure of that? I've often been told that an accuser is not on FB or elsewhere and I've found them..... could be that they've blocked you. Ask a friend they do not know if they will look for him and his cohorts.....

[victimized]

Did counsel bring in an expert to explain to the jury the affects of bleach being drunk and also poured onto an open wound?

No, an expert was not called as a witness. The defence barrister explained the seriousness of drinking bleach. However, the complainant replied that he was treated at home. Shockingly, the jury believed him.

On the day, in Metro there was a photo of a girl with acid burn marks. The defence barrister referred to the article to explain the damaging effects of acid (it was acid, not bleach) upon human skin. The complainant stated that the acid burnt his legs but he covered the burns with a plaster.

The complainant claimed that such abuse occurred every few days from 1987 to 1991. His account was not accurate and he was indecisive under cross examination. He has an extensive history of criminality, involving alcohol and narcotics since he was 12, he has been involved in abuse against his elderly parents, there are no witnesses to the alleged abuse, he explained his bad behaviour as his reaction to childhood trauma, but the allegations were only made in response to police being called in response to his abusive conduct.

He claims the abuse was to hurt him. In the police interview I acknowledged that we had no relationship since his birth. However, I understood the question to mean physical relationship. I said that I considered him to be dirty and cited notes which that I kept a toy gun on me to scare him away; I also mentioned that I used to wash myself whenever touched by him. (In the court he said that he did not touch me, but I touched him). I described how relations improved and then worsened. My aversion was caused by Obsessive Compulsive Disorder, Autistic Spectrum Disorder and Asperger’s Syndrome, diagnosed only in 2014 and in 2015 by a forensic psychiatrist. He stated that my condition existed since childhood.

The medical report was not adduced at court as it may have prejudiced the jury against my case. Similarly, I was asked to desist from giving evidence as my condition makes me appear unemotional. Despite the implausibility of the allegations I was convicted as perhaps they believed that my aversion was due to hatred and thus I abused him to torture him.

[victimized]

Are you sure of that? I've often been told that an accuser is not on FB or elsewhere and I've found them..... could be that they've blocked you. Ask a friend they do not know if they will look for him and his cohorts.....

I am not sure, but I very much doubt it.

[victimized]

Criminal appeals for convictions given in the Crown Court attempt to determine not whether appellants are factually guilty or factually innocent, but whether convictions are ‘safe’ or ‘unsafe’, according to the prevailing rules of the Court of Appeal (Criminal Division) (CACD) under the Criminal Appeal Act 1995.

Appeals against criminal convictions given in the Crown Court are heard in the Court of Appeal (Criminal Division) (CACD). The legislation that governs the workings of the CACD is the Criminal Appeal Act 1968 and the Criminal Appeal Act 1995.

Appeals at the CACD are not re-hearings. As such, arguments made at the original trial cannot, as a general rule, be rehearsed again. Further, under s.23 of the Criminal Appeal 1968 the CACD will usually only accept new evidence or argument that was not available at the time of the original trial.

What kind of evidence could be obtained to show:
(1) Aged 14 to 17 I could not effect anal penetration with the penis, several days each week.
Since 1979 I was averse to the sight and stench of faeces and urine, several days each week.
(2) Aged 14 to 17 I could not effect anal penetration with the fingers, several days each week.
Since 1983 I believed my sibling to be dirty and I scared him away from my person with a toy gun.
(3) Aged 14 to 17 I could not effect anal penetration with twigs, several days each week
(4) Aged 14 to 17 I did not beat my sibling with my hands, wood, throw him down the stairs, throw him against a space heater with the protective grill removed, threw bleach upon him, forced him to drink bleach, pricked him with pins, cut him with knives and poured acid into the incisions. This allegedly occurred several days each week.

With the passage of time it appears that I am falling deeper into darkness. I am desperate for any suggestions. It is highly unfair that an innocent man gets convicted whilst a vindictive dishonest violent gangster is at liberty.