willing to help

[anon2011]

hi guys. i'm new on here so not quite sure how this site works. i am currently studying a law degree due to a false allegation and imprisonment against myself. i started my degree whilst in prison and have gained much from my experiences and i am currently working on my own appeal. i am more than willing to help anyone who has experienced what i have been through either through advice on the prison system regarding false allegations/convictions through to how to appeal a conviction.

i know how hard it is for us all out there to have everything taken away from you, to have people you have known for years suddenly look at you and not be sure if you are guilty or innocent and the heartbreak of your world crashing down around you. remember you are not alone.

we need to stick together to show everyone that is going through this and everyone who knows someone going through this that we may sometimes be bruised but we will never be broken

any help i can give just let me know.

[terrifieddad]

As my barrister currently rates my chances as about 50/50, prison is a very real possibility. I go on trial in about 2 months time, so I would appreciate any insight into prison life for sex offenders (my accuser is my wife). People I have spoken to are very cagey about what happens. I don't want any sugar coating I need to know what it is really like.

[sqounk]

Hi Anon - sorry to hear of your predicament. As one newbie to another - welcome. I've only been here a few days and been made to feel very welcome.
I have a question for you. Is there a legal definition of 'the mental element' of a crime, specifically rape or other sexual offences?
Cheers - also, I'd be interested to know what life is like inside - always best to be prepared for the worst. Cheers

[Broken-hearted]

Welcome anon2011 but sorry to see you hear (in the nicest possible way)

[Franticwithworry]

By 'the mental element', legal term 'mens rea', are you meaning 'intent'?

Intention is important in establishing criminal liability unless there is a strict liability in law. For instance you may take something intending to use it and return it in the same condition, so if you did not intend to deprive the owner of the item permanently, and could prove it, you would not be guilty of theft. Equally you might hit someone intending to hurt them but not to kill them, and if they die it brings the difference between manslaughter and murder. What you intended to happen matters when deciding if an action was criminal.

Sexual matters are fraught with difficulty because things have moved towards an action being an assault simply because it was unwanted (unwelcome) regardless of whether the complainant has complained before or not. This, given the nature of human relationships is fraught with problems as it is so easy to misread the 'signals' between people.

Please DO NOT take any of the above as legal advice. Its based on a number of things including a conversation with a solicitor a few days ago. The best person to ask is your own solicitor who can explain it with direct reference to your own circumstances.

[Mr B]

As my barrister currently rates my chances as about 50/50, prison is a very real possibility. I go on trial in about 2 months time, so I would appreciate any insight into prison life for sex offenders (my accuser is my wife). People I have spoken to are very cagey about what happens. I don't want any sugar coating I need to know what it is really like.

Dear TerrifiedDad.
I have no wish to make light of your predicament, I was also in the prosecution machine & may be again depending on another false & malicious allegation (from the same FA) - they tend to get made on 6 monthly intervals. However you may benefit from this http://www.prisonism.co.uk/

May I wish you all the best.
Mr B

[anon2011]

regarding mental capacity

hey squonk,
first of all can i say i can give you great knowledge of my 4 years of hell at her majesty's pleasure in there but it's something i'd rather forget but if you need to know i can let you know the ins and outs and how you are treated if you are maintaining innocence if you are convicted. (it's not nice).

with regards to mental state it all depends on which party you are asking about. are you meaning the accusers or the accused at the time of the alleged event?

the law clearly states that for a person to be guilty of a crime then that person must meet two criteria.

1.) actus reus. in short this is Latin for guilty act. ie was a crime committed

2.) mens rea. and again in short this translates to did the person committing the crime reasonably believe that said person knew what they were doing was wrong (illegal)

[anon2011]

inside

As my barrister currently rates my chances as about 50/50, prison is a very real possibility. I go on trial in about 2 months time, so I would appreciate any insight into prison life for sex offenders (my accuser is my wife). People I have spoken to are very cagey about what happens. I don't want any sugar coating I need to know what it is really like.

Anyone convicted of a serious crime, (sex offenders, murder, manslaughter) is placed on a vulnerable prisoners (vp) wing. You are kept away from main population so you really don't have to worry about getting attacked, although it does sometimes happen. No matter your crime some officers turn a blind eye to it, convinced that if you are actually innocent, then you wouldn't be there. Some officers are great and will actively go out of there way to help you as they have been in the system that long that they have seen people prove they were right all along and released after an appeal, (thankyou officer PO Ebblewight HMP Holme House) but some others you can tell have failed to get into the police, and only took the job for the uniform and the power trip. I hope it never comes to that for you, but if you need to know more detail just let me know. I kept detailed files.

[Casehardened]

Can I add my welcome to the forum (though sorry to read of the reasons that brought you here) and thank you for your kind offer to assist members with any queries appertaining to the legal process following an accusation; this will be greatly appreciated.

[Franticwithworry]

Hi Anon - sorry to hear of your predicament. As one newbie to another - welcome. I've only been here a few days and been made to feel very welcome.
I have a question for you. Is there a legal definition of 'the mental element' of a crime, specifically rape or other sexual offences?
Cheers - also, I'd be interested to know what life is like inside - always best to be prepared for the worst. Cheers

Hi squonk,

I'm so sorry for butting in. I gave an answer to your question without reading properly and realising that you were addressing your question directly to the op.

My sincere apologies.

[terrifieddad]

My main worry is that I will be sent to HMP Liverpool as my trial is at Liverpool Crown Court. That particular prison has a terrible track record when it comes to vulnerable prisoners from what I have read. If I am convicted, I believe I will be the first to be convicted of marital rape without any other violence involved.

[Rights Fighter]

Dear TerrifiedDad.
I have no wish to make light of your predicament, I was also in the prosecution machine & may be again depending on another false & malicious allegation (from the same FA) - they tend to get made on 6 monthly intervals. However you may benefit from this http://www.prisonism.co.uk/

May I wish you all the best.
Mr B

Excellent link Mr B!

For those using phones and may not see it all, you can download the "book" here

http://www.prisonism.co.uk/HMP-A-Sur...rmole-2015.pdf

[sqounk]

Hi squonk,

I'm so sorry for butting in. I gave an answer to your question without reading properly and realising that you were addressing your question directly to the op.

My sincere apologies.

Not at all - any information if accurate is useful information! Many thanks - I will comment on the 'criminal intent' thing below. Cheers!

[sqounk]

hey squonk,
first of all can i say i can give you great knowledge of my 4 years of hell at her majesty's pleasure in there but it's something i'd rather forget but if you need to know i can let you know the ins and outs and how you are treated if you are maintaining innocence if you are convicted. (it's not nice).

with regards to mental state it all depends on which party you are asking about. are you meaning the accusers or the accused at the time of the alleged event?

the law clearly states that for a person to be guilty of a crime then that person must meet two criteria.

1.) actus reus. in short this is Latin for guilty act. ie was a crime committed

2.) mens rea. and again in short this translates to did the person committing the crime reasonably believe that said person knew what they were doing was wrong (illegal)

Hi Anon - thanks for this. Is it possible to privately message you - as I don't want to be too specific on a public forum, thinking about it. But yes, I was talking about the accused and there being an absence of criminal intent.
Cheers.

[vvnn8]

Good morning,

I am thankful that people like you are around here!
And sorry for your "experience"

This is my situation, maybe you can help me:

The mother of the complainant sent an email to the Prosecutor explaining in every details (as trying to seem that all the work was done) how his daughter had been coached by lawyers and therapists in the US, to testify before the questions of my barrister.

This email was presented to the court as evidence at the first day trial. Trial was posponed. And a abuse of process hearing set

However: My sol asked the CPS all the information and we demand the complainant to withdraw the right of confidentiality with US lawyers. CPS replied that the OIC is not available and ask for 3-4 weeks to deliver all which is impossible as the view of abuse of process falls for those dates.

So, at the moment we are trying to investigate that effectively she gone too far in US (there is allowed coaching) and the CPS does not want us to investigate trying to get us in trouble.

Every advice will be very appreciated.

Thank you