Husband accused of attempted rape....how do I prove his innocence???

[Rights Fighter]

Check out the solicitors thread and see if there is anybody near to you that comes with a personal recommendation for that first interview.

Excellent advice Izzy.

Good to see you on here. I see you had posted on this thread a couple of days ago with equally good advice.

[myhome]

Do not make any statement to the police or anyone else until all the facts are known and what the charges are. Usually people in your husbands position start blabbing because they are innocent. Because your husband told you about the advances by this woman YOU shut up as well! and do not make a police statement.
The police will want your husband to attend the police station for questioning he has the right to have a lawyer present he /she should confirm a no comment interview. When I say no comment that's what I mean, please do not answerer some question and not others be polite NO COMMENT.

Hi James - thanks for your input but I'm thinking that you comments are tending towards generic rather than specific advice. It is important that unless properly qualified, that suggestions rather than absolutes are made. Statements are usually made to the police at an initial interview when some of the circumstances leading to the allegation/s are revealed. At t his time it is essential to have a solicitor present who will advise as to the best response.

It would be helpful to us, if you feel able, that you post your story/circumstances that have led you find us.....

[myhome]

James Colton said: So if you have been nicked and the police do want to conduct an interview with you there is a good chance that they don’t have enough evidence at this point to charge you and they are hoping you will either confess all during the taped interview or slip up and incriminate yourself in some way that can be used against you.

When an allegation has been made, the Police has a duty to investigate. As part of this investigation they will have to interview the person who has been accused. At this stage there may or may not be enough evidence to make a charge. Either way the interview has to take place. This interview will be recorded. The attending solicitor will advise whether to answer all questions, some questions or no questions.

Refusing to speak cannot be used to convict you by itself............................................ ....... but I reckon the best policy if you want to get off is remain silent.

It's very difficult to say whether this is the best policy for everyone or anyone because every case is different. From my own point of view having been through this hell, I was advised to answer Police questions which I did honestly. I got NFA 21 and 1/2 months later having been neither, arrested, bailed or charged.

The best place to work out a good defence is afterwards, with your solicitor or witnesses, not under pressure in the hands of the cops. If your refusal to speak comes up in court, the best defence I think is to refuse to speak until your solicitor gets there, then get them to agree to your position. You can then say you acted on legal advice. Keeping silent is still the best thing to do in police custody.

Absolutely - no-one should ever talk to the police without a solicitor present.

[myhome]

Hi Kim
You are receiving many helpful replies some not so helpful.

It would be helpful to Kim and others helping her if you could make some indication as to which you think are helpful and which aren't. Having said that, I wonder if you could say if this is in your opinion or do you have legal/specialist knowledge?

Making a 'no comment' interview may be your only chance at receiving a not guilty verdict.

Again this is a generalisation as every case is different. Only the attending solicitor can advise the kind of interview to give. As I said previously, I answered all questions and got NFA as have other members on here.

Any lawyer worth his salt will advise a 'no comment' response to the questions asked of you.

See above and previous reply.

This allows you to sit down and go through her statement in a much calmer way. Picking out any discrepancies. Your lawyer will question your 'witnesses' establishing the facts. If you do your homework in this matter (find out if she has made previous false allegations) you may come up with something in your favour. Of course it is your decision and you must think carefully about how to handle this matter. Lastly if you have selected a solicitor from the Yellow Pages or picked one from the High Street get rid of him unless he/she knows what they are doing.

proving innocence in sex case is very difficult the 2003 Sexual Offence act and subsequent updates confirm this. That's why there are hundreds of innocent men in prisons around the world

Absolutely agree, but just to add a bit of balance, there are also innocent women in prison too. Fortunately I am not one of them - I am a woman accused jointly with my bf by a woman....

[James Colton]

Hi Rights Fighter

James

I've been working in the field of false allegations wince 2002. I reviewed many appeals (also done a lot of pre trial work) for various solicitors and barristers. I am not coming from the view point of somebody who has no idea what they are talking about.

I am currently working on two appeals where the suspect went no comment. Having read trial transcripts I can see that the decision went very much against them.

I am not advising the OP to go no comment or not to go no comment. The only person who cam judge whether they should is the duty solicitor.

Maybe you would like to share your story

Hello RF
Look! I have no axe to grind with anyone. However the law on alleged sexual offenders is 95% in favour of the accuser (usually a woman). There is a reverse onus (on the balance of probability) for the defendant to prove his innocence. The cards my friend are stacked against the man. If the man is innocent (40% of prison inmates (sexual offenders) maintain there innocence) then he needs to make sure he is represented correctly, and I have to say any one who secures the service of a 'Duty Solicitor' needs to see a Vet.

I have been informed a legal aided barrister (due to the legal aid cuts) receives £1.500 no matter how long the trial lasts, therefore the layers does as little as possible in representing his client. Due to the 'cab rank' rule these lawyers in the main fail in their duty.

I have been involved in this matter since 1999 and have written many legal arguments for defendants who handed them over to their lawyers. Unless a defendant understands all the legal process and his contribution in supplying evidence, which he can only do in understanding his case and the importance of a 'Defence Statement' can he prove his innocence. Making a police statement (because I am innocent and they will see this) is living in a fools paradise.

The only evidence that matters is the evidence presented in court to the magistrate or judge. The only place to explain everything is in court. If they’ve decided to keep you in, no amount of explaining will get you out. If the police have enough evidence, anything you say can only add to the evidence against you. When the cops interview someone, they do all they can to confuse and intimidate you. The questions may not be related to the crime. Their aim is to soften you up, get you chatting. Don’t answer a few small talk questions and them clam up when they ask you a question about the crime, it looks worse in court. To prosecute you, the police must present their evidence to the Crown Prosecution Service. A copy of the evidence will be sent to your solicitor. The evidence usually rests on very small points: this is why it’s important not to give anything away in custody. If they don’t have enough evidence the case could be thrown out of court or never even get to court. This is why they want you to speak. they need all the evidence they can get. One word could cause you a lot of trouble.

Defendants need to think very carefully about every word they say to the police.

James

[Rights Fighter]

Thank you for your comments.

Yes you are right in some aspects. I am currently reading trial transcripts from a trial and I can see how he panicked, given the circumstances. But refusing to answer questions really did go against him.

However I do not, from my many years of experience, agree that to go no comment without good reason is the way to go.

It really can go against the 'suspect' and 'adverse inferences' can be drawn from that.

[myhome]

The only evidence that matters is the evidence presented in court to the magistrate or judge. The only place to explain everything is in court. James

The other side to this is that if the police and cps have no evidence from the defendant then the only option they really have is to charge so that a jury can decide. However, if, on legal advice, responses are given during the recorded interview, then these will have to be taken into consideration when deciding whether there is a 51% chance of conviction. It is quite possible when examining the complainant's evidence AND the defendant's evidence, there is not enough info to make a charge. A "No Comment" interview never gets to this stage.
And I have to repeat again - I answered every question I was asked and got NFA.

[the advocate]

I gave full responses to the Officer's questions having had spoken to the duty solicitor beforehand, and who was also present. Having been held for 16 hours, with no sleep for 28 hours, and totally shocked by the accusations against me, in many ways I could understand why some people would say anything in order to get out of the cell. I got NFA on the rape accusations 8 weeks later.

My view of what someone should do in this situation:

- specific advice for your circumstances is always better than generic advice.

- a specialist solicitor is always better than the duty solicitor

- the duty solicitor is always far, far better than no solicitor.

- take advice from your solicitor whether to go no comment or not.

In my case I'm sure that answering the questions in the way that I did helped my case immeasurably.

[Rights Fighter]

MyHome said

The other side to this is that if the police and cps have no evidence from the defendant then the only option they really have is to charge so that a jury can decide. However, if, on legal advice, responses are given during the recorded interview, then these will have to be taken into consideration when deciding whether there is a 51% chance of conviction. It is quite possible when examining the complainant's evidence AND the defendant's evidence, there is not enough info to make a charge. A "No Comment" interview never gets to this stage.

And I have to repeat again - I answered every question I was asked and got NFA.

In the 12 years I have been assisting with this work I have yet to see somebody who was NFAd who gave a no comment interview. That does not mean they don't exist, but I have never seen one.


The advocate said

I gave full responses to the Officer's questions having had spoken to the duty solicitor beforehand, and who was also present. Having been held for 16 hours, with no sleep for 28 hours, and totally shocked by the accusations against me, in many ways I could understand why some people would say anything in order to get out of the cell. I got NFA on the rape accusations 8 weeks later.

My view of what someone should do in this situation:

- specific advice for your circumstances is always better than generic advice.

- a specialist solicitor is always better than the duty solicitor

- the duty solicitor is always far, far better than no solicitor.

- take advice from your solicitor whether to go no comment or not.

In my case I'm sure that answering the questions in the way that I did helped my case immeasurably.

Absolutely, utterly and completely spot on. I could not have put it better myself.