Scared and suicidal - Somebody help (FA sexual assault)

[Peter1975]

There is often "no evidence" in sexual cases and they come down to one word against another about a matter that happens in private sadly.

First hand witness testimony is often crucial in criminal cases and not just sexual ones, someone is usually not telling the truth and cross examination is designed to test that, although it's not perfect, it's the best we have come up with in hundreds of years.

I have seen barristers complain about the "CSI effect" where juries are unhappy to convict without seeing "concrete evidence" and particularly in cases involving consent they are thought to be reluctant to convict on just the word of a complainant so in terms of the prosecution case being proven yes it can be difficult but it's really just down to how good your barrister is exposing the lies and who the jury believe.

The advice I was given was that "juries find it easier to convict someone they don't like" so it's important to present yourself well, under no circumstances lose your temper and possibly even show a bit of sympathy for the accuser who has perhaps backed herself into a corner and found no easy way out. As Frantic once said, think of it like a job interview or meeting the in laws. Impressions can count for a lot where facts are in dispute.

Another thing that can help is character referees (providing you have no previous convictions) - it can never hurt having the jury hear what a nice dependable guy you are.

[Franticwithworry]

The last few weeks and days leading up to a trial are the worst, but I think you'll find that once the day arrives, you'll be a lot more settled and a sense of 'let's get on with it' will prevail. Solicitors and barristers tend not to voice opinions on how things will go because they are (rightly) afraid of giving you too much hope and having you overconfident. It doesn't mean that they think anything in particular, it only means that they are not willing to predict the outcome. Trust yourself, you know the truth and believe me, it's a lot easier for you in court as someone who is telling the truth to not trip yourself up, than a FA who is struggling to keep her story straight. Juries often see though that in a flash. Have confidence in yourself and your truth and there's if every chance that you will get a NG verdict and your legal team will be saying 'I knew it!'. (And if you can't remember something, just say so. That's a much better response than getting flustered and making something up on the spot. Stick to the truth.)

[Fusiondoe]

12 february trial date

The last few weeks and days leading up to a trial are the worst, but I think you'll find that once the day arrives, you'll be a lot more settled and a sense of 'let's get on with it' will prevail. Solicitors and barristers tend not to voice opinions on how things will go because they are (rightly) afraid of giving you too much hope and having you overconfident. It doesn't mean that they think anything in particular, it only means that they are not willing to predict the outcome. Trust yourself, you know the truth and believe me, it's a lot easier for you in court as someone who is telling the truth to not trip yourself up, than a FA who is struggling to keep her story straight. Juries often see though that in a flash. Have confidence in yourself and your truth and there's if every chance that you will get a NG verdict and your legal team will be saying 'I knew it!'. (And if you can't remember something, just say so. That's a much better response than getting flustered and making something up on the spot. Stick to the truth.)

I have to admit I have reached that point now where... Although I am nervous... I am looking forward to it in a strange way because regardless of the verdict, at least it’s OVER to some degree.

12th February trial begins

[Fusiondoe]

New development

So... My other half had to visit the house of the FA early this morning for the first time in ages.

My other half (knowing exactly what her sister is like and what she’s get up to) made the very wise decision of going to the shed where the sister hangs out with friends and low and behold - Empty alcohol bottles everywhere and cannabis in her handbag which had been left in the shed (she leaves it there regularly)

Now keep in mind this is a girl who swears in her statement she never drinks alcohol as it makes her violently sick - A complete lie as my partner and I have been pissed with her several times.

Naturally my partner took photos and video footage of all of this and my solicitor was keen to receive it.

Also... My ‘key worker’ (have one for mental health etc) has written me a glowing character reference... Yet my solicitor is saying that we May not be able to use the photos and videos provided as the judge might not find it relevant... B@lls#!t. It is absolutely relevant because it proves her a liar...

He has also told me that the character reference might not be allowed to be used so we will keep it in reserve just in case... On what basis can they turn this down, this is my innocence here, it’s important the jury hear what I am really like surely? I actually had a glimmer of hope when my key worker sent that in.

It is like the justice system is deliberately putting obstacles in the way for me (and others)...

[Peter1975]

Good work with the photo's FD - the judge may indeed not deem them relevant for them to be admissible but better that your solicitor has them in case they may help.

If the accuser has claimed in her statement that she doesn't drink or smoke then possibly they could be used to correct her false impression and it might be good to "ambush" her with this in the witness box but bear in mind that she could plausibly claim that the booze wasn't hers and the drugs planted in her handbag. - Your barrister will know what to do as the trial unfolds.

As for character referees - they are legally meaningless but many, including myself, felt that it helped having the jury hear some positive references, particularly from ex girlfriends or people with a good standing in the community.

The main reason for not using character references (good character) is that it will automatically allow the jury to hear of the defendant's previous convictions or cautions (bad character) - Prosecution could also possibly object to the content of character references as being too emotive ( they did in my case )

I believe that a character referee should acknowledge that they are aware of the nature of the allegations but possible I am getting mixed up with letters to the judge for sentencing. (please check) They should not protest your innocence, only that they have known you for x many years and that you have always been a lovely man that helps old ladies across the street etc.

The best thing to do is ask your solicitor for some clarification.

[Fusiondoe]

Update

Due to the recent news coverage. My solicitor has written to the CPS seeking a review of my case in regards to these missing txt messages.

Let me explain if I haven’t already... The accuser showed the police screenshots and I assume her mobile phone... However when my defence tried to get the messsges proving we used to txt as friends regularly, her phone had been conveniently wiped by ‘accident’ by her father (an IT genius and a man who fixes laptops and phones on the side)

My arguement is that I believe these messages have either been deliberately held back OR the police never searched her phone which in my opinion is completely unfair and bad practice when I said very clearly in my statement that we used to text a lot.

Don’t worry... I know better then to pin my hopes on this, however I am curious to see how crooked the old bill have been in my case

[Pond31]

What about your phone?

OK

What about your phone. If the police have seized it with the text messages on it then they can recover them from your side. The police should have actually seized the FA's phone as well
They did in my case. Your solicitor can bring up the fact that her phone has been wiped to the police and you QC can bring it up in court as it seems suspicious like she is hiding something.

I used SMS Backup+ to backup all my texts from my FA to my gmail account. I also downloaded my Facebook data to allow me to save all messages she sent on there. I did this after advice from fellow members from here.

I think the police are now going to be very worried about how they handle texts and messages. I doubt they will try to hide them as they appear to have done in the recent cases.

Anyway I say your FA looks like she is hiding something so hopefully the police will see that too.

[Fusiondoe]

1 week today

So... One week today until I go on trial.

Do I feel confident... fairly.
Am I scared... Petrified

On the one hand I see the positive - The inconsistencies in her two statements, the lack of evidence, the destroying of the phone

On the other hand I see the negative - The messages sent... The stupid messages that meant nothing! Messsges my own partner even knows are nothing, the bias against men in these cases, the fact the jury may dislike me based on appearance or my mannerisms.

Either way it’s gonna be over next week and I sincerely hope I am back here asking for bananas rather then in jail... I mean can I even be sent to jail? Non penetrative sexual asssult by touching from a first time offender of good character with a partner as an eyewitness and a glowing character reference from my Keyworker and have been on bail for 15 months with no crime or breaking any conditions... I expect I will get 6 years, nothing would surprise me... Alrhough if I am lucky I may just get a suspended sentence and the register but I won’t hold out hope.

It is hard not to be negative. I try to visualise the jury laughing at my FA and chanting liar at her, but sadly we know that’s just a dream for all us accused.

I hope to see you all Thursday/Friday of next week (trial is allegedly 4 days long) and receive bananas.

[carrot tops]

Wishing you all the best for the coming few weeks.

Hopefully the present climate of lack of confidence in the police will work in your favour. Once the common sense of the jury kicks in the truth will be recognised. It is so unjust that innocent men are going through this trauma but you are definitely not alone and you can get though this.

Stay strong and try and eat and sleep well.

[Fusiondoe]

Wishing you all the best for the coming few weeks.

Hopefully the present climate of lack of confidence in the police will work in your favour. Once the common sense of the jury kicks in the truth will be recognised. It is so unjust that innocent men are going through this trauma but you are definitely not alone and you can get though this.

Stay strong and try and eat and sleep well.

Thanks! Will do my best

[Fusiondoe]

Ground rules hearing tomorrow

Tomorrow is the GRH.

Can I expect any nasty surprises or is it a case of me standing in silence again whilst they talk for 10 minutes to then be sent home?

[Peter1975]

Tomorrow is the GRH.

Can I expect any nasty surprises or is it a case of me standing in silence again whilst they talk for 10 minutes to then be sent home?

There shouldn't be any nasty surprises. I would imagine you will be mostly standing in silence. You are likely only attending so that you can have a pre trial meeting with your legal team so go prepared with all your notes etc.

If you can't hear what's going on then ask the dock officer for a hearing loop.

Good luck.

[Fusiondoe]

There shouldn't be any nasty surprises. I would imagine you will be mostly standing in silence. You are likely only attending so that you can have a pre trial meeting with your legal team so go prepared with all your notes etc.

If you can't hear what's going on then ask the dock officer for a hearing loop.

Good luck.

Thanks Pete

Trial next Monday... I wrote a couple of posts above about it... I almost feel like I mustn’t hope for the best or expect it because of Sod’s law... I want to be confident and start planning my future already but I just can’t.

I will be glad when this SH!!T is over

[Teh_Jawshy]

Just checking up.

Hey Fusion, been following your traumatic ordeal and was just wondering how it went today?
^^

[YearsOfHell]

Thanks Pete

Trial next Monday... I wrote a couple of posts above about it... I almost feel like I mustn’t hope for the best or expect it because of Sod’s law... I want to be confident and start planning my future already but I just can’t.

I will be glad when this SH!!T is over

Just to let you know we’re still here for you!
Sending lots of strength through cyber space.
Hang in there, and stay strong!!
Big hugs
YoH