Preparing for trial

[FA2016]

My partner was falesly accused of rape, arrested in 2014, rebailed and charged the end of 2015. The case is historic going back 4 years. We have had one hearing at the CC where all info had to be released to us by the next hearring date at the end of March. We have been given a date for trial in a few months from now and am assuming it will get that far.
I have a few things to ask that someone might be able to help with. This is an ex best friend of my partners who he had some sexual relationship with and who was completely besotted with him but he didn't want anything more. He then went on to continue there very close friendship for 3 years after the alleged rape was suppose to have happened. They went on holidays together ect and exchanged 1000's of facebook messages over those years as were in contact daily for hours. We luckily have full record of all messages. The police didn't look at anything, not his phone, laptop nothing. It seems they didn't investigate at all and somehow he managed to get charged. There is no evidence apart from the statement.
A few things we are confused about-
He has been charged with the rape of a 15 year old, however the girl in question was 18 (we know her well) this hasn't been raised by anyone yet but is 100% incorrect as he didn't meet the girl until after college.
There were two witnesses in the next room of which both have given statements to the police against her, they are coming to court with us to testify. They have been put down as the prosecution witnesses yet their statements evidentially say they believed it to be consensual, she stayed the evening, they were hugging and chatting to them afterwards ect.
We don't have her ABE interview yet, we are waiting on it. In the case file the sol gave us it states in her statement that she was forced on top of him and raped with her on top. She is a good 2-3 stone heavier than him, how is that even possible!
She has also said she was attacked by him and had broken bones as a result of this, yet she has no medical evidence that she saw a doctor for treatment which is very bizarre.
We now also know her motive. She was thrown out of university for her behaviour around the time she accused my partner of rape. Her parents paid for her to go to university. She has lied to her mum and told her mum that it's because she was raped several years ago and could not cope with it anymore. Her mum immediately contacted the police.
My partner is also the 3rd person she has accused of rape.
She had not given a date. The date given is a 12 month period and she has stated at some time during that year. ( we have managed to pin point the night from memories of my partner and the two friends who were there however can't find which date it was exactly) there will likely be fb messages the next day from the girl as they were in constant contact.

She has also admitted having sex with him on several occassions prior to the rape and after the rape but has said that it was alwats very violent towards her.

Any advice help you can give us? We are desperately trying to collect as much evidence for the defense as we can. Posting on here might give us ideas of anything we may be missing.

[innocentson]

Hi there - sorry you find yourself here but you'll get lots of support and advice from various folks in different stages & similar cases.

There are loads of threads about what to expect in the early days and at court .... (If it gets that far & hopefully it won't)

But we learnt through my sons case (Unamimous NG in December):
Don't trust the police - they are only interested in getting convictions & being seen to bring as many cases as possible to court
Keep records of everything & try and map out a timeline (old cases are difficult : ours was 9 years ago she claimed) .... But anything you can remember is useful
Character refs from friends / colleagues / employers etc etc also useful
Make sure you have a good legal team ; look on the sticky of recommendations

More advice will follow from others shortly, in the interim look after each other and try and remain calm

X

[Staystrong1]

[QUOTE=innocentson;60786]Hi there - sorry you find yourself here but you'll get lots of support and advice from various folks in different stages & similar cases.

There are loads of threads about what to expect in the early days and at court .... (If it gets that far & hopefully it won't)

But we learnt through my sons case (Unamimous NG in December):
Don't trust the police - they are only interested in getting convictions & being seen to bring as many cases as possible to court
Keep records of everything & try and map out a timeline (old cases are difficult : ours was 9 years ago she claimed) .... But anything you can remember is useful
Character refs from friends / colleagues / employers etc etc also useful
Make sure you have a good legal team ; look on the sticky of recommendations

More advice will follow from others shortly, in the interim look after each other and try and remain calm

X[/QUOTE
Absolutely echo innocentsons post above. OH also got unanimous NG tail end if last year
You can definitely get through this

Take one day at a timex

[Casehardened]

Hi and welcome to the forum,

Kudos for a well-presented explanation of his case; this greatly helps members to assist!

He has been charged with the rape of a 15 year old, however the girl in question was 18 (we know her well) this hasn't been raised by anyone yet but is 100% incorrect as he didn't meet the girl until after college.

She had not given a date. The date given is a 12 month period and she has stated at some time during that year.

Is this 12 month date window within the period of time when she would have been 15?

If it is within the timespan after her 16th/18th birthday then I fear it will be just be deemed to be a entry on the charging sheet based on the information available at the time (provided of course the mistake isn't then repeated at the plea hearing!!)

The age is significant as any defence of deemed consent is inapplicable under the age of 16; it may well be that the girl lied about her age at the time of the alleged offence to make the accusation more potent (as she seems to have experience in these matters!)


My partner is also the 3rd person she has accused of rape.

Would you know if any of the accusations were reported to or investigated by the police and what the outcome was?

[FA2016]

Hi and welcome to the forum,

Kudos for a well-presented explanation of his case; this greatly helps members to assist!

Hi, she is 18 during the year when the alleged rape is suppose to have happened. She 100% was that age as we he has known her for a number of years, went to college with her ect. His mum also knows the family very well. The sol said its a mistake on the charge sheet. My worry is that the CPS have looked at the case based on the girl being under the age of 16.

One of the men that she accused, it went to the police, he was nfa'd.
He has already given a statement to our sol, we aren't sure if we can use it in court though yet.

[Casehardened]

Hi, she is 18 during the year when the alleged rape is suppose to have happened. She 100% was that age as we he has known her for a number of years, went to college with her ect. His mum also knows the family very well. The sol said its a mistake on the charge sheet. My worry is that the CPS have looked at the case based on the girl being under the age of 16.

One of the men that she accused, it went to the police, he was nfa'd.
He has already given a statement to our sol, we aren't sure if we can use it in court though yet.

In one sense, her age being over 18 is a positive as the defence can then be that intercourse was consensual and from what you have mentioned this should be straightforward enough.

I believe that an application needs to be made to the judge regarding to any previous allegations being disclosed in court so this would be a matter to discuss with his barrister when he meets with them.

[Rights Fighter]

............................
He has been charged with the rape of a 15 year old, however the girl in question was 18 (we know her well) this hasn't been raised by anyone yet but is 100% incorrect as he didn't meet the girl until after college.

I'm surprised the CPS haven't noticed this but then it's not in their interest, as in a potential conviction, the sentence would be higher (because she was underage). Hopefully this will be cleared up before the start of the trial.


There were two witnesses in the next room of which both have given statements to the police against her, they are coming to court with us to testify. They have been put down as the prosecution witnesses yet their statements evidentially say they believed it to be consensual, she stayed the evening, they were hugging and chatting to them afterwards ect.

Hopefully the sol has taken statements from them, because often witnesses for the prosecution that are helpful to the defence case are dropped at trial, so no chance to cross-examine.



We don't have her ABE interview yet, we are waiting on it. In the case file the sol gave us it states in her statement that she was forced on top of him and raped with her on top. She is a good 2-3 stone heavier than him, how is that even possible

Hopefully you've had sight of the transcripts of the ABE. The position of the alleged rape and her weight at the time will be put to the jury and hopefully emphasised by defence


She has also said she was attacked by him and had broken bones as a result of this, yet she has no medical evidence that she saw a doctor for treatment which is very bizarre.

If no medical evidence is disclosed then that is a good jury point in relation to her "reliability"


We now also know her motive. She was thrown out of university for her behaviour around the time she accused my partner of rape. Her parents paid for her to go to university. She has lied to her mum and told her mum that it's because she was raped several years ago and could not cope with it anymore. Her mum immediately contacted the police.

Hopefully her mum will be called (by prosecution of course) and defence will cross examine to confirm that



My partner is also the 3rd person she has accused of rape.

Hopefully defence will get the details of any previous allegations providing they did not result in covictions


She had not given a date. The date given is a 12 month period and she has stated at some time during that year. ( we have managed to pin point the night from memories of my partner and the two friends who were there however can't find which date it was exactly) there will likely be fb messages the next day from the girl as they were in constant contact.

Likely? Have you found any?


She has also admitted having sex with him on several occassions prior to the rape and after the rape but has said that it was alwats very violent towards her.

Having had sex with him before the alleged rape doesn't prove that the rape didn't happen. It's how she behaved towards him afterwards that is more important.



Any advice help you can give us? We are desperately trying to collect as much evidence for the defense as we can. Posting on here might give us ideas of anything we may be missing.