Nephew on remand for rape accusation

[Elvisgirl]

Hello just joined as I need help and advice my nephew is currently in prison on remand for something he has not done his ex partner who he has been away from for 7 yrs has accused him of raping her throughout their relationship, sexual abuse and sexual abuse on his 2 sons we have no idea why she would do this, she has got his house his business and his children and 7 yrs ago she took out a injunction to keep him away from her, she never mentioned any of these things at the time which you would expect her to. I was hoping by joining this forum people can give me hope help and advice My sister is 70 yrs old and does not keep well they have just moved him to a prison 7 hours away from her up until the move she was seeing him several times a week now she can't see him at all and this is taking it's toll on her, luckily I am only 45 minutes away from the prison so try to see him 3 times a week. Any help would be gratefully appreciated

[Casehardened]

Hi and welcome to the forum,

It is much more difficult to construct a defence against the accusation when on remand; do you know why he was remanded rather than bailed until charge or court appearance (as is the experience of most members on the forum)

[Elvisgirl]

Hi and welcome to the forum,

It is much more difficult to construct a defence against the accusation when on remand; do you know why he was remanded rather than bailed until charge or court appearance (as is the experience of most members on the forum)

Yes she also said that he tried to murder the eldest boy when he was a baby so he also has attempted murder charge against him, it beggars belief if that was the case then why did she stay with him and go on to have another child, he was remanded to go to the high court and bail has been turned down. he has been on remand since February. She is claiming that he raped her on the very first night and that he continued to rape her throughout the relationship, in her statement she claims he was violent and that on many occasions my sister had to go and get her and take her back to stay with her, my sister has never had her stay with her and knew nothing of any violence. Every one that knows my nephew is totally shocked and no one believes these charges a nicer man you could not meet, he is well known in the town and the lawyer is trying to build a good defence he has statements from ex girlfriends and also character statements but my nephew is terrified that he will not be believed and could spend the rest of his life behind bars, His eldest son lives in America now and refuses to come back saying he does not want to be involved, he is between a rock and a hard place as if he gets involved then he either upsets his mother or his father as he would need to take sides. This is just a nightmare for us all we know that this is all fabricated and believe that it is done to get money through compensation but we have no idea what to do to help him.

[YearsOfHell]

So sorry to hear your situation.
It's a very good idea to find a motive, and unfortunately the temptation of some compensation money is quite a common one.
It may be that his son will be called as a witness by one side anyway, so either way he will need to be involved.
Difficult though this is he may not have a choice. He is obviously one of the alledged "abused".
Make sure he has a good solicitor, no matter how good his defense is, without the right defense team, he won't stand a chance.
Best of luck
YoH

[Rights Fighter]

The eldest son living in America might be part of the decision to remand as they might consider that a place of refuge, so there could be a flight risk.

Did you attend the court hearing where the decision to remand was made?

[Elvisgirl]

So sorry to hear your situation.
It's a very good idea to find a motive, and unfortunately the temptation of some compensation money is quite a common one.
It may be that his son will be called as a witness by one side anyway, so either way he will need to be involved.
Difficult though this is he may not have a choice. He is obviously one of the alledged "abused".
Make sure he has a good solicitor, no matter how good his defense is, without the right defense team, he won't stand a chance.
Best of luck
YoH

Thank you at the moment we are at our wits end with all this we are hoping that his solicitor is a good one and the QC although I can't find much information about them, his trial is set for mid October, is there anything that you can advice us to do to help him, in his defence. Thanks in advance

[Rights Fighter]

Is the solicitor and QC named in the "Useful Information" thread "Solicitors and barristers?"

Just wondering if I know of them.

[AmandaF]

I'm not sure I can help with legal matters but just to say I am very sorry to hear about yet another awful situation that yet another family is having to endure.
Having been through the Scottish legal system I find it very harsh and totally biased in favour of the prosecution.
15 man jury with an 8/7 ratio? How archaic and unfair is that?

All I can suggest is that ANYTHING anyone could remember - make timelines, consider anyone who can speak in his defence.

Can I ask who his QC is??

Also if you get chance tell him when he reads statements to read every single one- my other half was told he did not need to read statements from the arresting officer as it was just routine- however it contained a crucial (in my mind) piece of information which could have been used to his advantage.

Keep posting and all the best

[Elvisgirl]

Is the solicitor and QC named in the "Useful Information" thread "Solicitors and barristers?"

Just wondering if I know of them.

His solicitor is John McColl of Craig Wood solicitors Inverness the QC is Mark Stewart Edinburgh

[Rights Fighter]

Ah so it's Scots law

http://www.daftmoo.org.uk/mooforum/s...5163#post55163

Hopefully the thread on the link will assist.

[Elvisgirl]

Thank you Rights fighter, it seems there is not a lot of information pertaining to case's in Scotland, do you know of any forums or groups that are Scottish that may be able to help us?

[Rights Fighter]

Sadly no, I don't