drug test

[miha81]

hi everyone..
First of all thank u for this forum That helps people When they dont know where to turn to.
Is it possible for the defence solicitor to demand the "victim" To take a drug test ? I know paranoia is one of the side effects and i know the false accuser smokes canabis.
Thank you .

[anonsteve]

tentative reply

I've ignored this thread for a few hours, because my understanding about drug tests is only tangential to your question, and others here will know far better. But for what its worth, and since you are yet to have a more informed opinion, I reckon its a bit unlikely that you would be able to insist on a "victim" of any crime to be tested in that way. Consider this, if you were the victim of a (real) crime. Then the police (or someone) were to demand you had a drug test? It has the feel of a big imposition upon you. So I reckon its not good news, but there are folk here that will be able to be more helpful, and perhaps tell you why I am wrong. Hopefully, I am.

[miha81]

thank you

Thank you for the replay ..i am running out of reasons why someone will falsely accuse my brother of rape when it was consensual.
is destroying our lifes.trying to keep sane...

[Casehardened]

I'm sure that Anonsteve is correct; however I believe the defence (if the matter goes to trial) can apply for the complainant's medical records or police records to be produced, if these are relevant i.e. if they have been treated or arrested for possesion.

[miha81]

Thank you for your help

[jittery]

hi

I'm sure that Anonsteve is correct; however I believe the defence (if the matter goes to trial) can apply for the complainant's medical records or police records to be produced, if these are relevant i.e. if they have been treated or arrested for possesion.

Now I'm not qualified, but I can offer an opinion. When I was a young man (yes, I was once!), I was something of a fringe character. Among heavy drug users, there was a tendancy to blame other people or events for why they were in the state they were in. I must've heard it half a dozen times. Sexual abuse was mentioned in 3 or 4 cases and before I pulled away from the crowd I noticed that the blame issue ran through the whole circle and seemed directly linked to the level of addiction, the lower the addiction the lower the aportioned blame. When these people had appropriate counselling they seemed to drop this as they were forced to deal with the problem. Now this is just my observation, but it may well be worth getting a professional opinion from a drug counselling unit to see if there is anything in it.
I must also add that those claiming sexual abuse had had their stories rubbished by their siblings as it had not happened to them. This does not mean it did not happen, but the general feeling amongst those in the circle was that it was made up. But again I urge you to consider taking it up with an appropriately qualified, experienced person as there may be some hope there.

[Rights Fighter]

The problem is: how would a drug test help to prove that the alleged assault didn't happen?

People who drink heavily or take drugs often put themselves in vulnerable situations which some people will take advantage of.

In some cases, especially in one night stands, where an allegation has been made, a person may well have been assaulted when they could not fight back or 'say no'.

Plus at this late stage the complainant taking such a test now would not reflect on how she was at the time of the incident. And no, defence cannot insist on the complainant being drug tested. The time for that would be when she first reported to the police and only if they felt it necessary.

[miha81]

feel helpless

Thank you guys..makes lots of sence what you are tellIng me. i am Just trying so hard to find ways out of this mess...
She hasnt smoked cannabis that night ..but she is a regular user.
Now i will.just hope and pray that the nightmare will End and wish you all inocent people goodluck

[jittery]

hi

[QUOTE=miha81;53302]Thank you guys..makes lots of sence what you are tellIng me. i am Just trying so hard to find ways out of this mess...
She hasnt smoked cannabis that night ..but she is a regular user.
Now i will.just hope and pray that the nightmare will End and wish you all inocent people goodluck[/QUOTE

Thanks for that, I'm hoping we won't need it , but maybe we will! Good luck with your own troubles- I think we all know how you feel to a greater or lesser extent

[jittery]

hi

[QUOTE=jittery;53303]

Thank you guys..makes lots of sence what you are tellIng me. i am Just trying so hard to find ways out of this mess...
She hasnt smoked cannabis that night ..but she is a regular user.
Now i will.just hope and pray that the nightmare will End and wish you all inocent people goodluck[/QUOTE

Thanks for that, I'm hoping we won't need it , but maybe we will! Good luck with your own troubles- I think we all know how you feel to a greater or lesser extent

Just a final thought. Cannabis is not like drink. It's fat soluble rather than water soluble. You can't sleep it off, it stays in the system for a long time. I stopped because I found I was going into work obviously under the effects even though I hadn't smoked any. It took me 3 attempts to give up; and on each occasion, it took about a fortnight for the effects of drug to leave my system. This was 25 years ago, I've heard that the drug is more potent these days. I would stress again the need for expert advice, it may not shake the defence to it's foundations, but it may be an arrow to the bow to sway an undecided jury.
Good luck
J

[Rights Fighter]

People who do not take drugs and do not drink often make false allegations of sexual abuse. People who do take drugs make false allegations.

Genuine victims sometimes take drugs and drinks, and many do not. It's nothing to do with anything at the end of the day.

What I think you may be trying to achieve is to get "bad character evidence" put to the (potential) jury relating to drugs/drink.

Some also believe that because a person is promiscuous then they must be lying too and try to get that before the jury as part of the defence.

People who are promiscuous have the right to say "no" of course and are more vulnerable to unwanted assaults in any event. That sort of bad character evidence was removed some years ago for those very reasons.

[jittery]

hi

People who do not take drugs and do not drink often make false allegations of sexual abuse. People who do take drugs make false allegations.

Genuine victims sometimes take drugs and drinks, and many do not. It's nothing to do with anything at the end of the day.

What I think you may be trying to achieve is to get "bad character evidence" put to the (potential) jury relating to drugs/drink.

Some also believe that because a person is promiscuous then they must be lying too and try to get that before the jury as part of the defence.

People who are promiscuous have the right to say "no" of course and are more vulnerable to unwanted assaults in any event. That sort of bad character evidence was removed some years ago for those very reasons.

Of course RF is right. The point I'm trying to make is that these are observations I made 25 years ago on a few people I knew. There may be nothing there at all which is why I stress seeking expert opinion. This is beyond good and bad character issues, something like this may, if the case goes further be something you might be able to use to introduce an element of doubt for the jury to consider, nothing more.

[Rights Fighter]

I think that the only way you can use this sort of "evidence" (of drug taking or heavy drinking) is if the complainant "created the wrong impression" that he or she was snow white and never touched drugs or alcohol, then you would be fully entitled to "correct that false impression".

If the drug taking stretched as far as crystal meth/LSD and other distinctly mind altering drugs, then the complainant is likely to have some sort of psychiatric history which would involve records and counselling. Often those records can assist when or if they have previously made proveably wrong false allegations before, during the course of the substance misuse.