Totally devastated

[AmandaF]

Many thanks LL1 and RF - read the link , found it a bit ambiguous but it would appear that prior to that statement the evidence would not have been corroborated.

I still can't see though why he was never arrested and charged with the historic offence even though he had been charged with seemingly more minor offences which were dropped before the trial began. He would never have known about he offence had I not read it on MY charge sheet. Surely that can't be usual practice?

[AmandaF]

Also, 3 of the charges had 2 parts to them . The jury was directed to acquit on one part, convict on the other if that's what they thought was correct. Logically though, if the accusers lied about one part, why would the other be true, especially as it was less feasible. The fiscal stated to the jury that for me it was merely a case of "stand by your man" and that because what limited defence there was, we were unreliable as we were friends and family!!!! But you can't find a defence very easily to something that never happened.

[Rights Fighter]

That sounds like "alternative" accounts. So if they did not believe it was rape then they could then consider attempted rape......

It's something that often happens in English law quite often, so might be the same in Scots law.

[AmandaF]

Hmmm.... I don't think I explained that properly!! On my charge it was either a) attempting to pervert the course of justice or alternatively b) breach of the peace.
On his it was just indecent assault (I think) but there were 2 elements to what he was charged with- again i don't know how much I can put on a public forum to fully explain what I mean. It was something like " on such a date he did x and during a period from 2011-2013 he did y". The sheriff directed the jury that he could be acquitted of x and convicted of y. Which he was. But these idiots were CLEARLY not being truthful about any of it. I have yet to receive any kind of explanation as to why he was never officially notified of the historic allegation. The whole thing absolutely stinks

[Rights Fighter]

I was explaining alternative counts in a way that other members reading, might understand, and was not referring to your post/case.

If the counts were presented wrongly to the jury then that could be a ground for appeal. I do not know Scots law and also, having seen no paperwork I cannot comment on your case.

[AmandaF]

Apologies.I stand corrected

[Rights Fighter]

I apologise too as I should have made it clear that I was speaking generally, not specifically about your case

[AmandaF]

update

I haven't been on here for a while as I started to find it a bit demoralizing, however I'm back with an update.
My partner was sentenced to 2 years custodial (he'll be released next january) 3 years on license and an indeterminate period on the offenders register, this being despite the CJSW report which suggested the case go to the High Court for sentencing. The sentencing sheriff was the same one who had presided over the trial and the QC is of the opinion that given the leniency of the sentence the Sheriff himself may have some doubt about the verdict. An appeal was lodged immediately, we now have to find the grounds.

It is a lenient sentence, but too long for an innocent convicted on untrue allegations.

Now there's a twist in the tale.

The man who instigated all the allegations against us both started a hate campaign against us on facebook, having had no internet access as far as I'm aware. He started one of these disgusting anti-paedo pages aimed primarily at my partner. I found out about it as a couple of weeks ago he private messaged me claiming that he had everyone know on a particular racing circuit what my partner had done. It turns out he had used information from my man's fb page which I had shut down immediately after the trial. In his initial fb rant he admits that no-one in our village likes or supports him and that he sold the story to a tabloid immediately the trial was over. He also goes on about being an incomer but at least he's scottish (we are not). He claims on other campaign pages that my partner raped his 9 year old son (it's not his son, he's not 9 and there was never an allegation of that nature). The whole thing is very sinister, almost as though this idiot had been stalking my partner. He himself was then arrested for domestic abuse. He is a trly despicable individual and my fear is that my man was purely a smoke-screen.

[Rights Fighter]

................... the QC is of the opinion that given the leniency of the sentence the Sheriff himself may have some doubt about the verdict. An appeal was lodged immediately, we now have to find the grounds.......

That's interesting. Here in England an appeal cannot be lodged until Grounds are identified.

Keep monitoring that Facebook page and screenshot anything that might assist. I doubt he'll retract but he may start talking about winning a financial windfall.....

[AmandaF]

FB

Have got loads of screenshots!! All the threats he's made- anything of the remotest significance. I reckon he will have got paid a fair bit for the front page news of the renowned scottish tabloid. We couldn't. at the time, understand why a "court report" was so quickly sensationalised and totally inaccurate

[jittery]

hi

That's interesting. Here in England an appeal cannot be lodged until Grounds are identified.

Keep monitoring that Facebook page and screenshot anything that might assist. I doubt he'll retract but he may start talking about winning a financial windfall.....

Sorry to hear your story. I can't really offer any advice, but it certainly does sound fishy. I can't help remembering- years ago, I knew a stunning girl who for some unaccountable reason was single, I was told; and I quote " watch her, she's f***ed herself up, she'll try to f*** you up too "

There are people who do things like this, few and far between mercifully, but I don't know if or how you'd go about proving this could be the case.

Good luck anyway, hope things work out for the best.

[Rights Fighter]

Is he the complainant? Or related to him/her?

[AmandaF]

Thanks Jittery- we're in for the long haul but hopefully we'll get there.

This "man" is the step-dad of one of the boys involved. He's the one that the kids claimed they made their disclosures to and he in turn went to tell their parents. When the police took statements , his partner claimed they told her, she told him as he wasn't in the house when the boys told their stories. Same when the kids made the allegations against me- he had stood in the road intimidating me and mine but he never made a statement, again his partner claimed he was in the next town doing the shopping.

[jittery]

hi

Thanks Jittery- we're in for the long haul but hopefully we'll get there.

This "man" is the step-dad of one of the boys involved. He's the one that the kids claimed they made their disclosures to and he in turn went to tell their parents. When the police took statements , his partner claimed they told her, she told him as he wasn't in the house when the boys told their stories. Same when the kids made the allegations against me- he had stood in the road intimidating me and mine but he never made a statement, again his partner claimed he was in the next town doing the shopping.

Always makes it more difficult when people are prepared to stand up and lie for people like this. I hope you do get there, fingers xd

[YearsOfHell]

Question

Is he the complainant? Or related to him/her?

Can I ask a question about something similar in our case without discussing it openly on here?
Is there a way please?