any help greatly appreciated

[thinkaboutnothingelse]

hi everyone im new on here so bear with me if i find it difficult to explain fully.. my brother currently sits in prison with 5 counts of rape against him from an ex...how does one defend their case in court? whats the best evidence we could have? she says she didnt consent but brother says she did....does the jury just go on her word against his?? any help would be greatly appreciated..do charactor witnesses have any meaning in the court? any help please x

[Lucky]

firstly welcome to the forum, always sad to see a new member, but always welcome, and glad you found us.

lots of questions...

firstly make sure you have a decent solicitor. there is a thread where you will find recommended lawyers, and my signature links to the lawyer I think is the best for these kinds of offences, but make sure you get a lawyer who knows what they are doing.

they should be able to assist with all of your questions.

your brother will need a lawyer whatever happens, because he cannot ask questions of the FA himself. Also, consent is a very complicated thing to argue about.

the process starts now, but get started in the right way. get a good lawyer !

[Rights Fighter]

Is he happy and confident with his solicitor hon? Also is he legally aided or private client? If private client and he wants to change, solicitor Chris in my signature is one of the best known false allegation solicitors in the country and he works nationally.

if legally aided, which area would the trial be?

[thinkaboutnothingelse]

any help greatly appreciated

he is legal aid..he will appear at chelmsford crown court, i have permission to speak with his solicitor but everytime i call he's not available...so frustrating, i understand he is busy but doesnt help us as a family. i wanted to know really what other people have used as their defence evidence. i think the police and system automatically think guilty because he is a man. and also has anyone on here used facebook/social media as evidence etc

[Rights Fighter]

Facebook etc is admissible providing it is adduced for the right reasons. You can use it to "correct a false impression" the complainant has created. For instance, if she claims she has not been near a man since the alleged assaults, as she is scared, the photos of her enjoying the close attentions of a male stripper gyrating in her face would be useful.......

You cant just plonk it in front of a jury. The evidence has to have a purpose.

i was involved in a trial some time ago where evidence I found on Facebook was accepted by ththe Crown and the trial was dumped on. the second day. That is unusual though

[thinkaboutnothingelse]

i have a conversation she had with a witness before the police arrived to interview (him)the witness, he gives a version of events..then she corrects him in what to say...she also states her life is in limbo but i have pictures of her partying etc..also another witness she is using who she is having sex with....can we use them??

[Rights Fighter]

Sounds like it could be useful. I am at a retrial (successful appeal last October) and can't do a fat lot to help at the moment. Remind me next week and maybe we can have a chat on the phone once I have caught up with everything else

[thinkaboutnothingelse]

i would really appreciate that, thank you

[Rights Fighter]

Remind me middle next week on here and I will PM you my email address and we can talk from there on in. I will need a break after this week (and last week)

My ancient iPad won't allow me to paste the link to the story relating to last week and this week, here, so scroll down in this section and look for the thread started by Redscouse entitled "help". You'll see what has gone on from the summer of 2014

Ive been on that case for some time, so you will see I need a bit of a break to catch up and also try catch up on some sanity!

[thinkaboutnothingelse]

yes i have been reading about red already...i know your busy and good luck xx

[Rights Fighter]

Thanks. Please feel free to post in that thread. If we get the right verdicts he will so appreciate yours and everyone else's support. I tend to offer assistance to those who help others on here

[thinkaboutnothingelse]

time waits for no man!!!

so..gave my facebook stuff/defense evidence to my brothers solicitors...said call me to see what he thinks and anything there we can use?...no call back...nothing!! everything has to be in by 17th march... ive googled his barrister and she,s good apparantly but losing faith in the solicitor...so frustrating!!

[Rights Fighter]

Did you explain why you think the evidence might help the defence case? Or did you just send it to them?

[thinkaboutnothingelse]

from bad to worse

my brother eventually spoke with his barrister via video link.. she was not happy with how the solicitor has handled his case so she has got rid of him...now we're in limbo..with three weeks to go before the trial, time is running out. the facebook stuff is being looked at but the barrister said because i was logging into someones account its doughtful it can be used...what actually is the solicitors role??? my brother has never seen his the whole time he has been in prison.

[Rights Fighter]

A barrister cannot "get rid of a solicitor". He has to be de-instructed by the client so not sure what has gone on there.

I obtained evidence from Facebook private messages for a trial some time ago, and that was allowed into the evidence. The complainant's sister had very helpfully given her email and password to the police, who left it on the paperwork instead of redacting it.

So, from my experience, evidence obtained after logging into another person's account is allowed.