Confused

[Meggy06]

Hi, I'm new to this forum.

My boyfriend has been convicted for historical rape. He is 14 months into his sentence,
He keeps telling me he got an appeal going on, now it's a retrial. He is known to tell few fibs!. I've seen some evidence dated September/October last year. I so want to believe him but I have a little doubt. He said he had his legal team seeing him other day and all his file has now been sent to cps. Does any one know how it all works, he feels confident he is going to win and hopefully get out of there.
Thanks

[Meggy06]

Confused

Could I just add some more information to my pervious post.
The reason I'm asking if any one knows how a retrial works is because, I need this guy out of prison. Because of his conviction my daughter was taken if me and is now in foster care with my sister for emotional abuse! My boyfriend did have some arguments over his conviction, I need him out if there to prove he didn't do it. This had turned our lives upside down. I have the battle over my daughter as well. My sister has put in for an SGO so I won't get her back. All I get now is supervised contact. I'm also on a non offenders course for 18 weeks. I know he didn't do it. His legal team have got loads more proof of stuff to put forward.
Sorry for going on a bit, only if he got retrial that's good, need it before the sgo court though. That will be around end if may.
Thanks

[hello88]

Firstly can i say i'm no expert here, i can only advise or talk about things that i have either experienced myself or read up.

Firstly, as far as im aware that a retrial is because the jury couldn't come to a verdict.... so if he's already been sentenced that wouldn't happen, it would be an appeal. If his legal team are visiting then i guess its because they found grounds to appeal. There is a thread on here where one of the falsely accused are going through a retrial (actually its happening this week) if you look through the whole thread you might find some information and find out if their is consistencies with what actually happens and what your boyfriend is saying.It will also advise on a time scale and so therefore you can know if there is a possibility that it will help...

here's the thread

http://www.daftmoo.org.uk/mooforum/s....php?4276-Help

more on the social services... as far as im aware they will not take your child away just because of an allegation.. when the allegation was first made, i'm presuming that an agreement was made between yourself and the social services. If that agreement is broken you will be seen as not putting your childrens safety first (because i'm sure that you're aware that when social services become involved it seems like us knowing whats best for our children doenst apply!) If that agreement is seriously or repeatedly broken then yes, you're children will end up in care (i was told this from day one) Also if there is other circumstances (such as neglect or abuse) then this obviously will go against you and could lead you children going into care, if you couldn't cope without your boyfriend then also that might be a reason.

If its because you were also wrongly accused but your name cleared (you want to prove the acusser is a liar) then i'm not sure what path to go with that one.

I can understand that you may not want to reveal all on here but it would be good to know the reason why your daughter was taken into care, broken agreement?, thought you where guilty? or other reasons in which the allegation was a small part of?? so that might be able to work out if getting your boyfriend found innocent is going to help you to get your daughter back?

hth h xxx

[Meggy06]

Confused

Hi thanks for your reply.social devices had a meeting with boyfriend, they came to conclusion I was being groomed which made me vulnerable with meant I couldn't safeguard daughter. They said I was financially dependant on him also because he gave me the odd tenner for petrol.the social worker is horrible, because I said I don't think he did it they took it as I was the bad one. I understand they need do accesmebts, all the meetings etc it was like I was in a different world. I wouldn't sign the section 20 they tried to trick me into. I had to agree to keep boyfriend away from my home, I did this and only went see him once a week alone. I need him out to prove he didn't do it, then been told stand firm. But they have put application in for sgo last week.
If his legal team have sent his paperwork to cps if for appeal do you know the time scale.
Thanks

[hello88]

Hi thanks for your reply.social devices had a meeting with boyfriend, they came to conclusion I was being groomed which made me vulnerable with meant I couldn't safeguard daughter. They said I was financially dependant on him also because he gave me the odd tenner for petrol.the social worker is horrible, because I said I don't think he did it they took it as I was the bad one. I understand they need do accesmebts, all the meetings etc it was like I was in a different world. I wouldn't sign the section 20 they tried to trick me into. I had to agree to keep boyfriend away from my home, I did this and only went see him once a week alone. I need him out to prove he didn't do it, then been told stand firm. But they have put application in for sgo last week.
If his legal team have sent his paperwork to cps if for appeal do you know the time scale.
Thanks

So you kept to the agreement,of him not seeing your daughter, and yet they still took your daughter away?? My situation is my husbands been accused of historic child abuse, to a child aged 6 at the time, I have three young children, the eldest being 6. My husband had to leave the family home immediately with no contact and we was under child protection, we kept to the agreements and he has supervised access twice a week.when we babysat this child i was always there and know that my husband is innocent (its also clearly a favour for a neighbour who has a vendetta and we have proof of this) and the accuser said in there statemet that i'm really dumb and know whats happening but ignored it. After 3 months we went down to child in need but still follow an agreement and only supervised access. If what your saying is correct than i think you need to have your battle with social services, they didn't have enough grounds to take your children away and you worked with them and allowed no access of him with your daughter. I honestly feel that proving your boyfriends innocent isn't actually going to help. It seems like the social services where in the wrong and you should be fighting with them, or taking it furthur regarding their decision. And whats seems like the best option to get your daughter back is unfortunately end your relationship with your boyfriend. You can still say you beleive he is innocent but you don't want to loose your daughter over this and you'd rather end your relationship to have your daughter being brought up in a protective environment.

If i was you i would start writing down all the wrong doings of the social services, write down all the ways you worked with them, and anything out of sorts they said. Find any proof that you followed their agreements., and find anything to disprove the social services. Do you have anyone supporting you for the sgo court??

regarding CPS they take as long as they like, sometimes a few weeks... quite often they take months. And they may go back and forth to the police to ask for more information.

hth xxxx

[Meggy06]

Hello88

I'm halfway through the course, if I pass I can hopefully move to unsupervised contact. My daughter went into care to my sister august 2014, my bf went to prison Dec 2014. The sw and me have not got in from day 1. Every meeting they manipulate and put me down. I had to stop visiting bf last June that wasn't good enough I had to block his calls in oct. He was hart broken he kept writing to me. The sw has told me my daughter in care till 18, I've tried complaining over her but they close ranks. I had to put official complaint in to get some Xmas contact. Even my calls to her are on loud speaker it's pathetic. I'm no danger to her, I've put calls back in for bf, I need ask him questions for course. (Other girls on course still with their guys AND have their kids) but not living together until course finished. I've got 4 older children grown up and never had a problem over my parenting. My daughter is happy where she is and tells sw she wants to stay there. If bf got outbits then proof he didn't do the rape, and they would have to work with both of us.
My bf gets upset on phone saying he needs me by his side to fight his corner, I feel bad but won't visit in case it looks bad on me again.
I've accused the sw of being a bully and using her position to get at me personally.
Thanks

[hello88]

I'm halfway through the course, if I pass I can hopefully move to unsupervised contact. My daughter went into care to my sister august 2014, my bf went to prison Dec 2014. The sw and me have not got in from day 1. Every meeting they manipulate and put me down. I had to stop visiting bf last June that wasn't good enough I had to block his calls in oct. He was hart broken he kept writing to me. The sw has told me my daughter in care till 18, I've tried complaining over her but they close ranks. I had to put official complaint in to get some Xmas contact. Even my calls to her are on loud speaker it's pathetic. I'm no danger to her, I've put calls back in for bf, I need ask him questions for course. (Other girls on course still with their guys AND have their kids) but not living together until course finished. I've got 4 older children grown up and never had a problem over my parenting. My daughter is happy where she is and tells sw she wants to stay there. If bf got outbits then proof he didn't do the rape, and they would have to work with both of us.
My bf gets upset on phone saying he needs me by his side to fight his corner, I feel bad but won't visit in case it looks bad on me again.
I've accused the sw of being a bully and using her position to get at me personally.
Thanks

ahhh o.k, sorry, really trying to build a picture here but its gone beyond my knowledge, i still strongly think that its the Social Services you need to be fighting and not to rely on the appeal as it could take cps months and months to decide. In my opinion you have done absoloutly everything you can to prove your putting your childrens needs first, to me it seems like a very legal battle and needing the expertise of a solicitor. Just because your daughter says she's happy where she is doenst mean that it isn't the best for her (my daughter says she will be happy having chocolate bars for breakfast everyday) is it worth contacting your mp or local councillor? With this thing happening in a few months time do you have chance to put your points across then with how awful the social services have been towards you???

[Rights Fighter]

If an appeal against conviction succeeds either the appellant walks free or there is a retrial. You've been given the link to a current case where the retrial is now happening after the appeal succeeded last year.

If you think he's telling porkies, why not ask the solicitor what the situation is?