Can early disclosures be used in historical rape or abuse cases? Help!

[Noisette]

(Posted on old forum on Thursday, July 08, 2004)

I have recently been to the police about rape and abuse that happened to me when 13/14 years old by a man who was 27 at the time. I understand the likelihood of going to court is 10% and even less of prosecution. They told me of a recent case similar to mine where the court did not allow any disclosures as "hearsay" evidence. Is there any good practice, legal help or anything out there how I can strengthen my case by arguing what should be allowed.

I am undertaking this case after 26 years as having returned from international relief work, having had time for the first time after fully disclosing to my family to come to terms and shake off feelings of guilt and shame. I want to protect others, make this person accountable for what he has done, but also it seems maybe try through lobby groups to change the legal framework to help in such cases.

I am looking for groups in the Reading area or nationally who are interested in this, legal groups that can help ...

[Ashley]

Dear Noisette,

I will try to explain in its simplest terms the rules surrounding hearsay evidence.
Hearsay is the account of someone who was not a direct witness to an incident, it is what he/she has been told by someone else. Generally speaking it is not admissible as evidence in Court. There are exceptions to the rule.
One such exception is what is called 'recent complaint' in sexual offences. There is masses of case law on this subject but essentially, it can be admissible if certain criteria are met. In your case, I can say with certainty, the criteria are not met.
Your early disclosures can be admissible in limited form if they are to rebut a claim of recent fabrication, if for instance you told your GP at the time what had happened. I will stress, it would only be admissible in a very limited form. Further, the jury would be directed that the evidence does not go to the voracity of your account but is something they can consider.

Whatever happens, at least you have had the courage to speak of what you went through and I hope that is the start of a healing process.

Others will advise you on support groups I am sure.

Best of luck.....with everything.

[Snoopyseed]

Hello there, i just want to say that bringing any case to court as its ups and downs, no matter what the time lapse, and i can tell you that i personally know survivors that have brought a case to court after many years and have got a successful conviction, i wont get your hopes up, but i will tell you why they got a conviction, when thye reported the crime it turned out that the person in question had been arrested for two other rapes but due to lack of evidence the cases had been dropped, now because this person i know then reported it not knwoing that the perpertratot had been arrested for the same crime again and again but without conviction, the police decided to dig a little deeper, and so the whole thing progressed until eventually a conviction was brought forward, it also turned out that a few other women came forward to report this man once thye heard that he had been arrested and was going to court, now im not saying that this is the case with everyone, but all im saying is if you truly feel in your heart that this is something you want to do, then you could have a chat with a police officer about your options, even if you make a statement it is then up to the CPS to decided to prosecute or not, but before any of that takes place you have to ask yoursef, can you really do this? are you strong enough? do you have any support? are you prepared for it all to possibly brought up again? dont jump into anything without being fully aware of the whole situation and the emotional impact it could have on you, if this is going to cause you more harm than good right now, then it is not worth risking your emotional health over, im sure that if you got the number to victim support avaialbe in your yellow pages you could ask them for some support on this matter, also if you have been receiving treatment for depression, or PTSD because of what happened to you, you could state that you have medical records that show you have had treatment on many levels to help you come to terms with the assault, but again im not a solicitor and cannot advise you on this, im going by what members of my site have done in a situation like yours, i juts want to say i wish you all the luck in the world, and i think you are a star for speaking out and taking a step further on your healing journey, prepare yourself as best as you can, seek help on all levels, before you do anything, good luck.
Snoopy

[Baz63]

Noisette,

I should disclose from the outset I am a prosecuting lawyer working for the CPS.

Have you given a statement to the police? If yes, they will build a file and submit it to the CPS who will then decide if there is sufficient evidence to proceed. They will get back to you if the statement needs clarifying or expanding.

The police and CPS now have people who specialise in sexual offences.

Every case is different. What may or may not have happened in other cases has no bearing on yours. Each case is unique. Depending on the facts of the case, it is possible to prosecute old cases.

If you have not given a statement to the police then Snoopyseed's observations are sound in my opinion. However, if the ONLY thing stopping you from prosecuting is a belief your case is weak then you may feel the only way to test the strength of your case is giving a statement and letting the CPS decide.

I don't know if this helps at all.

[Snoopyseed]

Baz63,
I applaud you in your last reply, you put it so much better than me, and its good to see encouragement for reporting this horrific, vile and evil crime, after being raped,(much) later on i was also sexually assaulted, and did report this to the police, the CPS dropped the case, but i did feel better for having reported it,i was also told at the time that it is always good to report this type of crime because even if thye cannot do anything about it, then if at a later date the same person is accused of the same crime again, then it is going to look extremly suspicious and worth looking into.Plus you never know when reporting this crime that other people have not already reported the person in the past.

Snoopy

[Baz63]

Snoopyseed,

Your point about reporting and giving a statement is absolutely right. Even if the CPS cannot proceed with yours alone at that moment and it gets dropped, it can be used in the future should the man reoffend. In my professional experience a significant majority (not all) of men who rape will do it again.

[Noisette]

Dear All,

Many thanks for your answers. It does help to know the official line even if I keep hearing it over and over and am frustrated by it. The case is waiting at present so I will not comment on it, but I have been to the police. Even that has been very traumatic but I feel I must do everything possible and only then can I truly have this as a small bit of luggage but not baggage as it has been for the past 26 odd years.

I am scared, despite lots of support. It is one thing to make a statement, but totally another in carrying on whilst waiting not knowing which path it will take nor what the outcome will be. I am lucky in having good pyschotherapy support, a great Mother and close friends, but ...

I suppose I keep hoping that by searching the net I will find a loophole or something that will help, but probably have to accept that it will take a course and now there is nothing I can do.

Pensive.

[Fill]

Dear Baz63

I have got a question why the CPS can incrise counts No`s without legal explanation?

[Rights Fighter]

Charges and Counts on the Indictment can change at trial and during the course of the trial. There is nothing unusual about this - believe it or not!

[cattwoman64]

Historic rape

Dear All.

I have an examination to pass and I want to know that HISTORIC RAPE means. I tried several search engines with no joy.

Can someone help me,please?


Thanks

[Rights Fighter]

If you are taking an exam then you will have knowledge of this subject prior to taking it. Refer to your class notes or ask your instructor.

[RFLH]

I think you'll find that the answer is in your question - it does what it says on the tin.