Falsely Accused

[RFLH]

I know - it was me that told you about the site!!

[Rights Fighter]

So true! I've been on and off that site for a couple of months now.

They are basically there for advice for minor crimes though - I've not seen many serious arrestable offence enquiries posted there.

[RFLH]

Time it was livened up with some proper questions then to test their mettle!!

[Not Guilty]

Expert Evidence.

Hi Guys, '

One thing that I must stress to all those who are accused, do not be complacent in any way. Do not, as I naively did think that if you tell the truth, everything will be okay. You place your life in the hands of people whose perception is you are guilty first and you must prove your innocence. Do not think that it is innocent until proven guilty - that simply isn't the case. Your choice of solicitor is imperative. One who has a complete background in this field is a must. Criminal Lawyers may have trial experience, but in sexual assault trials, it is a completely different ballgame. How your legal team behaves towards the alleged victim and witnesses has a huge bearing on how the jury perceives you as a person. Juries are fickle and any attempt to show the victim in any type of evil light is not taken lightly. Remember a jury is simply members of a community whose ideals may be that a woman will never lie. So have an input into how you want your own defence run. Whilst your legal team represent you, it will be you doing the time if they stuff it up. When you place forward evidence of false complaint, do so in a fashion that does not show you as vindictive. Placing forward the premise that the victim lied must be done tactfully. I say this with great experience as, when it was shown the complainant in my matter lied, my barrister harped on it to such a point that the jury in fact looked completely disinterested when the question of honesty came up.
But to give you an idea on how stupid the legal system is, when I was wearing the uniform, I was called to a shooting incident and arrested the offender at the scene, with the gun. I went to court, gave my evidence as the first officer at the scene. The victim had a gunshot wound to the groin but survived, witnesses gave evidence of the offenders identity -a walk up start really. There was ballistic residue on the offenders hands, he was identified as the shooter and I recovered the weapon. This was going to be easy - WRONG. It was a jury trial, the jury found him guilty of Shoot with intent to cause grevious bodily harm, but not guilty of possess firearm. Now I know most people have a working knowledge of firearms, I mean you can't flick bullets can you, just as you can't inflict GBH without possessing a firearm. The offender appealed at the Appeals Court on that premises, how can he shoot without possessing the firearm. The Appeals Court agreed and he walked.
Now if you are found guilty of a sexual offence, the Appeals Court can only rule on points of law, no matter how ridiculous the allegation is and that is why no stone should be left unturned before trial. Don't ever be complacent was once that conviction is there, it is extremely hard to have it overturned.

[Rights Fighter]

Thank you for that. I'm getting a bit fed up with people accusing me of scaremongering when it has been my experience that there is no common sense in a court of law.

Just because somebody has not experienced the idiotic way these cases are sometimes run, does not mean that this does not happen.

One must ALWAYS be prepared for the worst because if it happens, it's not such a terrible shock.

I've got one guy coming up to appealing his conviction and I have to keep reminding him that most appeals fail, because evidence proving innocence has no place in the CA.

One of my guys attended his appeal because he was certain he was coming out. He ended up on suicide watch down the block, which meant no TV, radio or books. Just himself. His fellow inmates fought to get him out of there so they could look after him.

Complacency can be a killer. Expect the worst. If the best happens then you can celebrate. If the worst happens it's not such a shock.

[Not Guilty]

Not Scaremongering

You are definitely not scaremongering. I never for one second thought, especially being a police officer, that I would be arrested, charged, convicted and locked away - and it happened so easily. No one can say what they would do to protect their own interests - and that is why false allegations must be attacked, must never be taken lightly and the utmost care taken when you are the subject of such an allegation. That is not scaremongering. I was complacent. I went to trial and, especially when she gave her evidence, I thought it was all over. When the trial was over and I heard the door being locked behind me, the first thought was, what could I have done better.
Police are taught the ten fatal errors - errors that can get you killed on the job. One is complacency or being complacent on the job. I was complacent. I thought I would answer the allegation in Court and that I would go home, laugh it off and things would go back to normal. WRONG.
If my story can just make people aware how easy it is to go from a law abiding citizen- in my case a law enforcer - to being locked away and considered a danger to society - then I will be happy. That is not scaremongering - that is education.
I have also read several posts aout people who are the subject of false complaints "having their day in Court." It is naive to think that because you know it is false, that everyone else will think the same thing.

[Rights Fighter]

I mentioned "scaremongering" as it was Quinnb who accused me of that. If you read back on his posts you'll see he's held the same sort of stance relating to his own matter. I sincerely hope he is right in his own case however people do need to be educated as you say.

I also have to smile when I interview guys in prison for appeal against conviction as they think that a retrial will prove that they are innocent. No it won't - all that it might do at best is get a not guilty verdict - it won't do away with "no smoke without fire" mentality. Plus of course many get found guilty all over again no the same little or no evidence.

[RFLH]

Here here RF - I know that as well as you do and anyone else that's been in that position.

I'd love to live in a world where sense, justice and fair-play are the norm - sadly it ain't going to happen.

While ever there are stories that are 'sexed up' in the papers to make a few quid and try to get a verdict before a trial, then innocent people are going to have theirlives and their families lives torn apart.

[torn apart]

Be aware

Hi Falsely,
I appreciate you say you work in the system but please do not rely on the 'Police' to do a proper job as in my case they had only the word of my accuser and that was extremely vague to say the least plus information i gave them which although didn't disprove it certainly cast extreme doubt, yet without any proper investigation i was subsequently charged with five counts even though she only told them of four. As for the Justice System i feel that i was extremely lucky in that i had a judge whom was wise and unafraid to speak his mind on matters that showed too much inconsistency to be feasible. Also you really do not know who you would have on a jury if it gets that far which i hope for you it doesn't.

Please make sure you get an experienced solicitor in this field, maybe you could try calling FASO who can put you onto the right solicitors. Just type it in and the number is there.

Good Luck

[mark]

in my limited experiance from last year,it is very very wise to assume the worst,get as much evidnace as you can and be prepared to fight.
i know the accusations against me are all lies and untrue,but i have learned very quickly the police are not trustworthy,the cps is a sham, and the justice systme for falseley accused men is non existant im afraid, all the best with your endevours mate.