Going To Trial For A False Rape Claim- Please Help?

[JamesJH]

Similar type or one of dishonesty such as fraud?

Whatever it is - might have an impact on whether you are allowed to produce character references, if you have "bad character" relating to similar type convictions or cautions, or relating to dishonesty as in fraud.

If a man of good character is at trial then he would be entitled to what is called a full "Good Character direction" by the judge, to the jury. If there is previous, depending on what is it, if it is put before the jury the judge can in some circumstances give what is called a "modified good character direction".

Nothing of that sort and I pled guilty straight away. Anyway, my partner and I have gone through the evidence against me, and there are so many holes- including the police getting dates wrong. The offense apparently happened during xmas, but I have photo evidence of being with family at this time. So much of their claims are easily taken apart with evidence and the fact that they don't match up. I'm hoping the jury and the justice system abides by logic and not baroque rules, so that my non-guilt is obvious.

[Peter1975]

I can only suggest that your character witnesses write references to give to your solicitor or ask them why they don't want to use them.

It could be a tactical decision to simply keep your previous conviction from the jury who may be prejudiced against you by hearing it.

If you haven't done already check out the useful info section,

http://www.daftmoo.org.uk/mooforum/f...ul-Information

And in particular advice on facing cross examination :

http://www.daftmoo.org.uk/mooforum/s...as-a-Defendant

What to expect at trial:

http://www.daftmoo.org.uk/mooforum/s...xpect-at-Trial

and perhaps most important, take the nasty bag, in case things go wrong. Previous member TD put this best, think of it like taking an umbrella in case it rains.

http://www.daftmoo.org.uk/mooforum/s...nasty-bag-quot

We will be rooting for you here, please keep us updated and come back and ask any questions you like.

[JamesJH]

Appreciated, thankyou. Unfortunately it seems my previous conviction is being dragged in from the get go, given all the accusations are based on 'he used to be a bad guy given there is NO evidence and all the accusative witness statements conflict with each other and the evidence I've given.

[Rights Fighter]

They cannot drag in previous convictions or cautions unless they are similar to the current matter, or relate to dishonesty as in fraud (lies) or if defence wants it in, it would be in order to ask the judge to give what is known as a "modified good character direction" to the jury

[JamesJH]

BTW ca I also mention it isn't technically rape I'm accused of, though I was told sex with a minor is the same thing? Also, my trial will be 4 days. Is this normal? It seems like they're treating it as though it's trial of the century.

[JamesJH]

They cannot drag in previous convictions or cautions unless they are similar to the current matter, or relate to dishonesty as in fraud (lies) or if defence wants it in, it would be in order to ask the judge to give what is known as a "modified good character direction" to the jury

My previous involved a mild sexual assault (literally done to humiliate an enemy, and was quite mild). If by modified good character direction, I've certainly turned my life around since then. Would this help?

[Peter1975]

Sex with someone under the age of 13 is statutory rape and you would be wise to plead guilty if that is the advice of your council. Sex with anyone under 16 would also be rape unless you could show that you had a reasonable belief that she/he was 16.

I am not legally qualified but as I understand, It is possible that your solicitor could argue against your previous conviction being included as bad character on the grounds that it could prejudice you getting a fair trial. Calling character witnesses on your behalf would mean the judge likely ruling that your conviction is revealed to the jury to correct a false impression. In other words, you have bad character that defence want to keep out of the trial.

4 days is pretty standard depending on the number of witnesses.

[Rights Fighter]

My previous involved a mild sexual assault (literally done to humiliate an enemy, and was quite mild). If by modified good character direction, I've certainly turned my life around since then. Would this help?

If this conviction is classed as "similar fact" then it would go in. "Similar Fact" relates to how similar the last conviction was, is to the similar allegations now being tried.

[JamesJH]

It's not particularly similar imo. Also, there is a amount of evidence the girl has hid her age and my barrister seems quite confident that he can expose the lies given how many inconsistencies there are.

If worse comes to worse, would the fact I'm a carer etc be a mitigating factor in sentencing decision?

[Rights Fighter]

If you are convicted, being a carer wouldn't make a blind bit of different. Just imagine if somebody who was a carer is guilty and is sentenced to a non-custodial..... and he re-offends......

[JamesJH]

Hi so just to let you know I was found guilty despite literally no evidence. I got 3 years. Whilst in prison, I met many men who were clearly innocent, just like me


So if you're accused of anything by a woman, chances are you're going to prison. That's my contribution to this forum as someone who'sbeen through the system

[Peter1975]

You are entitled to have a rather gloomy view of our justice system James, it is always a possibility when cases are just one word against another but I'm sorry to hear of your conviction.

As yours was a relatively short sentence, I hope that you will be able to come off the SOR in a few years and be able to leave this behind you.

Leaving it behind you is all a false allegation deserves.

We need to move on and hold our heads up high.