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  • #46
    [I added the last post to the previous thread for easier understanding of Terrifiesdad's situation]
    'What doesn't kill you makes you stronger'

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    • #47
      So sorry hun big big hugs xx
      Who you become while you are waiting is as important as what you are waiting for -Nicky Gumble

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      • #48
        Now is the time to make sure you have the "right" solicitor. How do you feel about him / her? Do you feel confident?
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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        • #49
          I feel your pain mate, I was charged last week!
          RF is right, get yourself a good solicitor!!!!
          Do some research....I can't stress how important this is!!
          There is a list of good solicitors on here somewhere..

          Keep your chin up, and keep posting!

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          • #50
            Crown Court

            From what I can gather looking at the file, my file was sent to the cps in February and re-sent in March with the addition of a medical witness and my FA's friend. Neither statement was particularly helpful to the prosecution case and even contradict elements of my FA's recorded interview. Yet the CPS clearly took these statements as enough to charge me.

            Thanks to an overzealous custody sergeant last week, I got my magistrates court appearance out of the way the same day. Thankfully the CPS and Magistrates agreed that my detention was ludicrous and I was bailed under the same conditions as before. This means that I appear at the Crown Court on Tuesday. Anything I should know about for this hearing?
            "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

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            • #51
              Barrister

              The barrister my solicitor has instructed has experience of both sides of rape cases. My only worry about this is if he may have a conflict of interest. Could be a double-edged sword. I will reserve judgement until I have had the chance to speak to him. I would appreciate it if anyone can recommend a legal aid barrister for a case at Liverpool Crown Court, just in case he fails to impress.
              "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

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              • #52
                Originally posted by terrifieddad View Post
                The barrister my solicitor has instructed has experience of both sides of rape cases. My only worry about this is if he may have a conflict of interest.
                Have no worries on this score....any barrister just wants to win cases to enhance their professional standing no matter whether they are on the defence or prosecution side....in fact probably the choice of solicitor is as important as they provide the ammunition.

                Prosecution experience is actually quite helpful as they can predict 'incoming' when defending (and vice versa of course)
                'What doesn't kill you makes you stronger'

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                • #53
                  Trial date set

                  My trial has been set for 12th December. Entered my not guilty plea to all three charges today. Bail granted as before with the very sensible conditions that I don't contact my FA directly or indirectly or go to my old address
                  "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

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                  • #54
                    I should also add that, as seems to be the norm these days, she has been granted special measures. Her ABE interview will be her sole testimony to the court and she will be cross-examined by video link.
                    "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

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                    • #55
                      Yet another one. Sp sorry to read this. Now's the time to gird your loins for battle!!
                      Just make sure you are fully prepared as it could make all the difference
                      They tried to bury us- they didn't know we were seeds

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                      • #56
                        I'm unpicking her statement piece by piece. Could be an own goal on the part of the prosecution. I'm sure that there's a lot of stuff in there that will cast doubt on her story before any intervention from the defence. Just waiting for the police notes from her initial complaint now.
                        "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

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                        • #57
                          Anyone know what kind of character evidence is admissible? For example if there are things said in her statement - unrelated to the alleged offences directly -am I allowed to provide evidence to rebut such claims?
                          "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

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                          • #58
                            If evidence rebuts anything to do with the alleged assault, this would not be character evidence, but material evidence.

                            I am not sure what kind of evidence somebody could give that relates to something she says in her statement that is not related to the assault.

                            Do you mean something along the lines of: "I never go out clubbing" to which your witness could say "yes she does, I see her at the X club every Saturday?"
                            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                            • #59
                              The prosecution case is attempting to claim that the alleged rapes are part of a wider pattern of abusive behaviour. So a significant part of her ABE interview makes allegations such as not letting her see her side of the family, and that my worship services were "too personal - all about [me]". Given that this interview is the only testimony she will give before cross-examination, do I have the right to challenge those claims with evidence?
                              "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

                              Comment


                              • #60
                                Originally posted by terrifieddad View Post
                                The prosecution case is attempting to claim that the alleged rapes are part of a wider pattern of abusive behaviour. So a significant part of her ABE interview makes allegations such as not letting her see her side of the family, and that my worship services were "too personal - all about [me]". Given that this interview is the only testimony she will give before cross-examination, do I have the right to challenge those claims with evidence?

                                Yes you do. Remind me, what is this about "my worship services were "too personal - all about me?"
                                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                                PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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