Hi, falesly accused of rape of a minor

[wessex]

Name's Tim,been charged with 9 offences,including 1 of a rape of a minor.
Historic allegations from my stepdaughter dating back to 1999-2000.
She made 3 allegations end of 2002,but I was living abroad,and due to a bad mix up wasn't actually made aware I was under investigation.
Role on this year,pulled up at Heathrow,marched off a plane,and 2 days later charged.Bailed,but 2 weks later dragged in again,added 6 more charges.
Still waiting for a court date,and trying to change my legal aid solicitor.
Diabetic,and my blood sugars have been consistantly so high as to be off the usual measuring scale.Still no doubt those of you who've been here have had worse.
Suicide permitting god knows what will happen.

[RFLH]

Hi Wessex, sorry to find you here.

Have you got good legal representation? You need one that knows how to deal with accusations like these.

Try your best with managing your diabetes, you need your health for the coming time. I'm presuming your type 1? Once you've got your control back you'll be able to think more clearly.

Someone will be along shortly to fill in the legal gaps for you, just wanted to let you know that your post has been read. You're not on your own.

[Rights Fighter]

Hi Tim

What stage are you at exactly? YOu say you are waiting for a court date - is this for magistrates or Crown, Pre Case Management Hearing or trial?

The longer you are down along the line the less likely you will be allowed to change representation unless you are paying privately.

During the last 18 months or so it has been getting increasingly difficult to obtain a transfer of public funding and now is basically impossible.

[frankgallagherwasere]

HI Wessex, I don't like saying welcome to the club but I guess its just a fact one has to accept and deal with. SO what happened in 2002 to spur her accusations one wonders - step daugher mmmmmm so typical !!

Well there are plenty around to offer support, assistance and advice all you have to do is to ask and someone will Im sure try and help answer your questions, been there seen it done so to speak.

For now all I can say is welcome on board and good luck...... stay strong

[wessex]

All this legal bit is getting confusing,especially as I'm very sick with stress and diabetes.So to the best of my knowledge.

I appeared twice in the magistrates,it was sent to crown.I've been at Warwick twice,plead innocent once,but the second visit the prosecution case was not ready.Was simply told to await a call.A defence statement has been prepared.Quite simply said not guilty,and asked for some records of the accused,as I had instructed them.

My case is not so simple,suppossed to have happenned 10 years ago,charges come from 2+ years after,and then 10+ years after.
The accuser has a history of crime,including violence and Burglary.We are still awaiting a full coviction sheet.

I actually work and live abroad for an average of half the month,and have commonlaw family there.This is the reason I want a change of bail conditions.I am not able to work,or visit my family.I want my passport back because of this.The solicitor was instructed about this back in february,he agreed to do it,on pain of me transfering away from him,but has so far avoided this,even though he has had 2 occasions at court.

I will point out I do have a residence,but it is in Margate,court is Warwick.It costs a lot to get there,especially as it is a 2 day job due to early starting time.My savings are almost gone,my wife has had to accept a terribly dangerous job in Leningrad working with paint fumes etc,while i have been told there is no chance of any money for transport costs.

Currently on the sick,60 quid a week,stress is making me suicidal,and unable to control my diabetes.I'm going to the doctor weekly,and average blood sugar readings of 35-40....normally 3-6.

When I signed up with my current solicitor I was in shock,under extreme stress of being held in a police cell for 3 days.I knew nothing about the benefits of approaching a specialist.I had a 20 minute interview with my new intended solicitor,and he made more sense than all the previous chats with the others combined.

I have complained to the law society,and have sent off a complaint letter with grievances to my current lot.They have so far opposed the transfer.Have written sacked them,and faxed judges chambers that if they were the best legal aid could offer then I'd prefer to defend myself.

This is a real mess,as I'm sure are most cases are of this type.

I'm not going to back down and accept a third rate defence,but what can you do? I've privately employed a specialist,she's also connected to FASO.She recommended the new solicitor,along with a barrister with a lot of experience.
Dying does seem the easiest option.I couldn't cope with jail,both mind and body would never stand the shock.But what is the alternative when the legal position is so bad?

[RFLH]

Dying isn't an option - you're loved and needed by your family.

You really must try to control your diabetes - I'm surprised that you've not been admitted into hospital with readings that high. You know as well as I do that you're feeling really ill because of this and the better you control it the more you'll be able to do, as you'll be able to think clearer.

Have you been to visit the diabetes clinic at the hospital recently? If not it may be worth you making an appointment. The health risks you run by ignoring your high readings is scary, so please do something.

[frankgallagherwasere]

Sound Wessex like you've done about everything you can so far and good on you, one thing many of us would accept - the first mistake we made was to believe our defence to be honourable !!!

Another 7 charges, well at over £3k bonus on each conviction for the Crown Barrister sounds like you have a right rottweiller against you, mine went up by 4 and they were all slight exaggerations on what were innocent actions to just make them naughty, like contact with bottoms whilst sitting on my knee - sick cos I was protecting my stoma bag and ABSOLUTELY nothing else. The rest were just complete lies without any truth or exaggeration !!

I know about the stress and to me anger both at the accusers and the state as there all after one thing only Convictions. I never really considerd my defence team until trial, I did everything to help them by doing a lot of paperwork questions background of which 99% was ignored !! I guess you could say from day one of the trial it was only then I realised the mistake and dangers and just gave up, it was obvious no one was interested in the truth and the proven lies and obvious fraud were brushed aside. Its one rule for the accused another from the accusers - they say what they want and no one questions and challenges them and that includes the crown barristers who after some research breach trial protocols too. I guess no one should be surprised at that.

Anyway, as I said ask away and keep strong !!

[wessex]

Dying isn't an option - you're loved and needed by your family.

You really must try to control your diabetes - I'm surprised that you've not been admitted into hospital with readings that high. You know as well as I do that you're feeling really ill because of this and the better you control it the more you'll be able to do, as you'll be able to think clearer.

Have you been to visit the diabetes clinic at the hospital recently? If not it may be worth you making an appointment. The health risks you run by ignoring your high readings is scary, so please do something.

Thanks for the kind words.

I've been offerred hospital treatment galore,even had a shrink asses me.
It's the stress of the case,and being treated so badly by both the courts and a useless solicitor that's behind all this.
Living for the last 4 months has been worse than death,and I see nothing on the horizon to change that view.

[RFLH]

Don't you dare give up.

I know and understand what you're going through. The feelings you have are completely normal - mad though it sounds!!

Please pm Rights Fighter, she's a very busy person, but will help you as much as is possible.

Rant away, it all helps, but try not to give out too much info about yourself or the upcoming trial - you never know who's reading.

We'll help as much as we can.

[wessex]

HI Wessex, I don't like saying welcome to the club but I guess its just a fact one has to accept and deal with. SO what happened in 2002 to spur her accusations one wonders - step daugher mmmmmm so typical !!

Well there are plenty around to offer support, assistance and advice all you have to do is to ask and someone will Im sure try and help answer your questions, been there seen it done so to speak.

For now all I can say is welcome on board and good luck...... stay strong

Who knows why girls make false allegations? Certainly even the specialist I employed can't say.
I was probally the only man to treat her well,her brother had a father who provided luxuries for him.Her mother had no money,myself and my parents gave her stuff to make up for her brother having more.Also I'm a soft touch,she was always asking for favours etc.
Her biological father was a psychopath.Soon divorced,and banned by a judge from contact.
Then I left,emigrated,but a few times she rang,asking for favours.Gave her 100 quid as a one off via my parents.She lied,claimed it was for a school holiday,and all her friends were going except for her.
According to her statements,and her criminal record things went downwards for her after I left.Within 2 months she'd been done for shoplifting.Later she added threatening behaviour,ABH,burglary.There is more,just we don't have full records yet.Seems she got into bad company,drugs,alcohol etc.

[RFLH]

seems like the normal run of things. Can't do right for doing wrong.

Hope you take time away from the worry and stress, even if its for an hour every day. It does help, and if you go for a brisk walk it'll help to keep you fine and dandy.

[Rights Fighter]

Wessex

Dying is not an option because as RFLH has said, people love you. Another reason is that the press would tell the nosy public that you killed yourself because "you could not live with the guilt". You cannot allow that to happen.

FG where on earth do you get your statistics from that Crown Prosecutors get paid at least £3K bonus per conviction?

Bail conditions - this is not up to the solicitors. The defence barrister should be instructed by the solicitor to ask the judge to have bail conditions changed/lifted or sometimes the police will request this. You probably cannot have your passport as you could then be considered to be a "flight risk"especially as you have family abroad.

Your sols probably have thought about the above, which could be why they have not instructed counsel to make an application to the judge to have your bail conditions lifted/changed. Perhaps they believe that the application would not work.

I am not sure I understand the bit about your wife .....

my wife has had to accept a terribly dangerous job in Leningrad working with paint fumes etc,while i have been told there is no chance of any money for transport costs.

Does she already live in Leningrad and if so, why has she had to accept the job if it "terribly dangerous?"

With regard to the bad behaviour of the complainants(s), this will be considered to be as a result of the alleged abuse and the jury will be told this - that is, if the judge allows her "bad character" to be brought in. If it is brought in, then any previous convictions on your part, or any other "bad character" that relates to you will be thrown into the melting pot.

Transport costs - whose? If she is to be a witness for the Crown then her expenses will be paid. If she is to be a witness for defence keep all receipts in the event of a not guilty verdict so it can be claimed back. The same goes for you. If the travelling costs relate to you then maybe it will be a good idea to find a cheap B&B or stay with supportive friends (no children) closer to the Crown court.

[wessex]

Rights Fighter thanks for the advice,but perhaps I didn't make myself clear.
My wife moved from Ukraine to Leningrad,this was to get enough money to pay for her son's university.She's never been to the UK,and while she will probally make some sort of character reference for the trial it will inevitably be made abroad due to costs.I illustrated the situation as an example of the suffering caused by the passport being taken.Otherwise I'd be available to provide cash as before.
I bought an apartment in Ukraine where we all lived.I commuted between the UK and Ukraine for about 6 months.Kept a room in Margate,it is my official address here,made money by bringing goods to and through,also teaching English out in Ukraine.

The solicitors were instructed to apply to get the passport.Of course a barrister is needed.However I've been lead to understand the solicitor works for me,and will take my instructions.If he,or the barrister he employed refuse then they should inform me in writing,and be prepared to step aside for another who will if they refuse.
They keep saying they will apply,but I believe the truth is they are too busy to do the necessary.If it works or not is academic,they have simply ignored my instrustions.

I stay with my parents on court dates,but still need to here a car,or pay a train ticket.It's an easy hundred pounds each time.Made worse by the fact I cannot work due to passport removal,and little chance of finding a job with the sickness,and this hanging over me.

The behaviour bit is more to do with the case,and no doubt a good solicitor knows how to bring this in sucessfully.I have nothing to hide,a few petty convictions from more than 20 years ago,and even these were all family related,and the result of my being an alcoholic in my youth.Not touched any alcohol for nearly 20 years.

I still don't know what will happen with the legal aid.I've sacked the solicitors in writing,and faxed the judge saying I'd rather represent myself than go back to them.Confidence is indeed dead.
Any ideas of what the judge will do? And more importantly are there any laws etc,especially european where I could fight an adverse judgement that would force me back to the old lawyers?

I have been under the doctor since march.Regular blood sugar levels have been recorded.Stress has been diagnosed,and even a counselling session has been had.Can these medical records be used to support my claim for change?

This is a mess,and my immediate aim is to change my brief. So any advice,tricks etc on how to do this appreciated.

[wessex]

Good news,I have now been granted a transfer of legal aid

Not totally sure,but sounds like my old solicitors have reported to the court that the relationship between us has broken down.
I did ask them to do this.I have already complained to the law society,about a lot of smaller things,but perhaps enough to make them see it's not worth the risk to continue.This was my preferred result of the compalint.

Well at least now I can't complain I'm not represented properly.My new solicitors are Dass Solicitors in Birmingham.They were recommended by a professional lady from FASO,so I can have confidence in them.

Thanks to those who have replied to my threads.

[Saffron]

Sounds like good news, well done! I hope you get the verdict you want.
I haven't replied to this thread before, because I know very little about legal proceedings. However, I do hope that you will come back here and share your experiences with others.