please help

[dave2806]

my wife was raped by her brother over a period of 5 years . she is 47 now and summoned up the strength to report him last year. he was arrested and charged . we went to court this year . however due to the stupidity of the cps the judge put a stay on the trial and the evidence was never heard , even though it was huge . a complaint by us to the cps got them to admit they where at fault and so was the barrister . however dispute this we are no further forward apart from a sorry from the cps . how can we get justice and from who ?we have tried every avenue without success.

[Saffron]

Hello Dave

I'm afraid that I don't know the answer to your question. It does seem incredible that have been given a formal apology by the CPS, yet you have no recourse to another trial. I suspect that this is because of the "Double Jeopardy" rule. Double Jeopardy was recently abolished, but as your wife's case is historic, it probably does apply. Although if the evidence was never heard, I am nt sure Double Jeopardy would even apply.

There is a chance you could bring a private prosecution. These are expensive and there is no guarantee of succes though.

There are oters on the forum who have far greater legal knowledge than me - I am sure they will be along soon. In the meantime, welcome.

Saffron

(By the way, I have started this in a new thread for you, under the "Help & Advice - Been Raped" forum)

[Rights Fighter]

Your wife is entitled to a full explanation as to why the case was halted.

She should write to the head of CPS at their headquarters if she gets no joy from her local branch.

[friday]

i'm sorry i have no real knowledge of the legal system (other than as a witness) so can't help with that side of things. has she tried ringing her soit officer? they should be able to provide a written explanation as well as give some support and a lost of resources for rape specific counselling etc.

i do know what it is like to find out the justice system doesn't provide justice though. it feels like you have been disbelieved and no one cares. it makes you feel like your rape wasn't "bad enough" (whatever that means!) to get justice and it means you don't get the closure that you hoped putting your rapist in prison would bring (although i don't know if you ever get closure).

you wife is lucky to have you to support her. i think this time can be even harder that the immediate time after the rape. it seems to add to the feelings. i spent a fair amount of time trying to get a retrial based on the fact he had lied under oath (majorly) and i could prove it. it would have completely changed the trial. the cps didn't want to do anything...money....

you reach a point where you need to move on and fighting for justice that may never be done makes you ill. obviously that doesn't mean you should stop fighting it just means you have to be very aware of the effect it is having on both you and your wife's health and know when to take a bit of a rest either temporarily or permanently.