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Maybe you should make sure whether there's anything new since you spoke with the previous barrister?
I dont know what else to say- except hope all goes well and keep us posted.
They tried to bury us- they didn't know we were seeds
Hi I can totally imagine how you are feeling 16 days to go. Good luck with your meeting with barrister. Hope they will be able to give you some confidence. You need to have your timeline to go through. Take any hand written notes, anythong that might help your defence no matter how trivial, its the little things that can make the difference. You can get disclosure right up until the day of trial. OH had major disclosure a week before trial from Prosecution which really helped his case. It enabled an abuse of process application which although not successful greatly assisted his defence. Even during trial following his barrister giving his defence discloure, the police went out and tried to get further evidence which the judge allowed in, it was not really that relevant but it showed CPs knee jerk reaction, one piece could be proven to be false, unbeleivable OH barrister was fantastic. He had a very good meeting with her a couple of weeks prior to,trial which was extremely useful to,go through everything. He was as prepared as you can be. Keep strong and hold your head up, sending positivity to,you happy to chat if you want to,ask anything as its only a few months since OH went through it. Again good luck tomorrow with meetingx
Hi I can totally imagine how you are feeling 16 days to go. Good luck with your meeting with barrister. Hope they will be able to give you some confidence. You need to have your timeline to go through. Take any hand written notes, anythong that might help your defence no matter how trivial, its the little things that can make the difference. You can get disclosure right up until the day of trial. OH had major disclosure a week before trial from Prosecution which really helped his case. It enabled an abuse of process application which although not successful greatly assisted his defence. Even during trial following his barrister giving his defence discloure, the police went out and tried to get further evidence which the judge allowed in, it was not really that relevant but it showed CPs knee jerk reaction, one piece could be proven to be false, unbeleivable OH barrister was fantastic. He had a very good meeting with her a couple of weeks prior to,trial which was extremely useful to,go through everything. He was as prepared as you can be. Keep strong and hold your head up, sending positivity to,you happy to chat if you want to,ask anything as its only a few months since OH went through it. Again good luck tomorrow with meetingx
Thank you for your reply
I have a time like of the events that happened that evening (as best I can remember) as it was a drunken night out 18 months ago lol
Was your OH questioned by the barrister about his police interviews ? If so do you think I should re read my statements to the police ?
It seems my accuser can't remember anything about or sexual encounter but can before and after ? Will the jury buy her convenient lack of memory for 10 mins ? I know it's hard to say just never faced anything like this before all the ifs and buts are running through my mind
As per RF comment. Yea re-read your statement you must know exactly what was said at your interviews. You need to bring anything up for your defence as per precious posts cctv etc leave nothing unmentioned to solicitor and barrister is my advice x
Met my barrister yesterday she seems very good and I have to trust her 100%
She is going to apply for a section 41 has anyone had any experience with this from my understanding it's so she can say in court she's accused twice before once was only 3 weeks before she accused me
Not holding my breath but if it can be used its Gotta help my cause ?
It really hit home when she said if convicted I'll receive a sentence of 6 years !!
I have an Evidentiary hearing tomorrow after 13 months of hell. My head is all over the place and feeling extremely nervous.
Hang in there, its almost over.
I have an Evidentiary hearing tomorrow after 13 months of hell. My head is all over the place and feeling extremely nervous.
Hang in there, its almost over.
Good luck to you Both ....
Fingers crossed bith go well.
I have an Evidentiary hearing tomorrow after 13 months of hell. My head is all over the place and feeling extremely nervous.
Hang in there, its almost over.
Keep us posted beestrong.
Sending positive vibes!
All the best
YoH
Section 41 Application relates to previous sexual history. A judge won't allow that in for the sake of it. For instance we've had people here who think that because the accuser is or might be promiscuous, this can go against her (or him). It can't.
People who are promiscuous are more vulnerable to sexual assault and of course, being promiscuous does not mean that they cannot say "no". Many men on here who have had a one night stand and then been accused, and often want to use that as a defence - "oh she's promiscuous and has sex with anybody" - clearly so does the accused, of course!
So bringing in the fact that the accuser might be a bit of a tart is neither here not there. It's when they create a false impression that they are Snow White can that false impression be corrected.
In the situation of where she / he may have made previous false allegations in the past, obviously that relates to a "previous sexual history". To bring that in, it would (usually) have to be proved that the previous allegations were false. Having said that last year there was a case that received publicity where previous allegations that were NFAd were allowed into the evidence.
It really depends on how strong defence counsel's argument is.
If the accuser has made previous allegations where there has been a conviction then that cannot help the defence, even if it was a false allegation. it was "proved" in court and he was found guilty, if you follow.....
Thank you all for the words of support ! Can't believe I'm only a week away now having had 18 months of this hell !!! I've really not got too much to lose don't really feel like I've had my Liberty anyway for the past 18 months so at least I have my chance to speak and for the first time my FA will have her crazy lies questioned !
All the CCTV turned up yesterday having been told by the police it didn't exist ??? Shows clearly everything I've said throughout the night her all over me hand in hand kissing etc !
@RF my barrister is saying the angle she is going along in regards to the S41 application is that she made the same accusation some 3 weeks before and the reason she's cried rape again is that she was angry at her self putting herself in the same position again.
This I'm being told is lolly to be applied on the first day of my trial ?
All the CCTV turned up yesterday having been told by the police it didn't exist ???
Wutt??!!! The police HID evidence?! Nooooooo! Never!!!!!!
.......my barrister is saying the angle she is going along in regards to the S41 application is that she made the same accusation some 3 weeks before and the reason she's cried rape again is that she was angry at her self putting herself in the same position again.
This I'm being told is lolly to be applied on the first day of my trial ?
Yep - previous sexual history, in this case she had sex with another person and then cried rape before. I do hope the judge allows this Section 41, not just for your sake, but your case can be used in similar cases to come, where there's been no "proof" it was a false allegation but was merely NFAd (I'm assuming that is the case. If you don't know, would you find out please?)
Whereabouts roughly is the trial? I'll set aside some time for some "positive mindfulness" today and until the end of the trial.
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