Charged

[Rights Fighter]

There was a recent case on the PAFFA forum where the judge directed the jury to find the defendant not guilty (this was as a result of legal submissions from the defence)

Of course, strictly speaking, this case did go to trial, but very occasionally if the legal team can show 'abuse of process' by the CPS the case may be dismissed prior to the trial.

However best not to rely on this, but concentrate on destroying the accusers credibility in the eyes of the jury.

It was on submissions from the CPS and defence due to evidence I found on Facebook. Had that evidence been put, it was said that no jury would ever have convicted on it. Further it showed the the complainant was 'unreliable' and therefore could not be 'a witness of truth'. I can't go into any details as to what the evidence was but it was enough to cause the Crown to actually say in their submission jointly with defence counsel (to dump the case), that the complainant was basically provably lying about many things. This was on the 1st October.

The case was not stopped due to an abuse of process but due to heavy-weight evidence that showed she was a liar. The def left the dock without a stain on his character.

As CH says, it is better to work on the assumption that the case will go the whole way so you are best working on your defence and also MOTIVE for lying. Please don't share your defence evidence and motives here as this is a public forum and anybody can see what is written here, including any passing police and CPS personnel.

[can it get worse]

Many thanks RF and CH. You have been very helpful.

[smokiejo]

Hi really sorry to hear he's been charge we are in a similar position to you our son is 17 and his 16 year old girlfriend of 10 months has accused him of rape in our house while we was all in the house we are waiting to see if they will charge him and we have to go to court the police did say that they take more cases to court now because of the high profile cases lately.
I have been feeling the same as you it's so hard and have really bad days thinking of you Jo xx

[can it get worse]

Hi really sorry to hear he's been charge we are in a similar position to you our son is 17 and his 16 year old girlfriend of 10 months has accused him of rape in our house while we was all in the house we are waiting to see if they will charge him and we have to go to court the police did say that they take more cases to court now because of the high profile cases lately.
I have been feeling the same as you it's so hard and have really bad days thinking of you Jo xx

Thank SJ for your words of support - it really helps. Had a rubbish day today and feel beaten by the system and their seemingly disregard of the information that has been provided in my partners defence.

[can it get worse]

Hello,

We have now received some of the 'information pack' but not the much from the prosecution side. Does anyone know why they only send 'bits'. Surely it is easier for someone to photocopy the whole file rather than just photocopying only some of it. How can we start to build a case without the important parts.

Feel so sad and upset........ our lives are being destroyed by someone's lies. And no-one is made to be answerable at any stage (NFA or NG at trial).

[can it get worse]

Having a bad day (well worse than usual)

Hello anyone....having a bad day. Want to cry so much but will not release it because I have to maintain normality for my 2 children. It is so hard and I'm sick of this whole stupid situation. Hate it and hate these hurtful individuals who care so little for themselves that they have so little regard for the others who they try to destroy.

Sorry for the moan but feel so sad.

Would someone please be able to offer any information on my previous post regarding why CPS only release a small amount of the info and withhold the main bits? We are STILL waiting. Really really fed up as it just seems like a game that is being played at the expense of other people's greed for success.

[Dave]

CPS up to their old tricks, same as the OB. Your legal team should be onto that quick enough.

Truth will prevail chum, these lying bar****ds usually get cocky and shoot themselves in the foot, stay strong.

[o my god]

hi

don't know why they only release a small part all I had was about 1cm of statements from my ex her, her new husband his mum his sister and a couple of her friends, her friends statements weren't for either of us so im abit confused aswell

[cantgiveup]

Hello anyone....having a bad day. Want to cry so much but will not release it because I have to maintain normality for my 2 children. It is so hard and I'm sick of this whole stupid situation. Hate it and hate these hurtful individuals who care so little for themselves that they have so little regard for the others who they try to destroy.

Sorry for the moan but feel so sad.

Would someone please be able to offer any information on my previous post regarding why CPS only release a small amount of the info and withhold the main bits? We are STILL waiting. Really really fed up as it just seems like a game that is being played at the expense of other people's greed for success.

Hi CIGAW,

Really sorry to hear to hear you are having a particularly bad day...I am afraid I cant offer much advise about the CPS and witholding statements etc as we are not at that stage (yet) but I want you to know you are not alone in how you are feeling, as mum this is so hard to cope with alongside trying to keep a sense of normality for our children. It is hard and you are coping, you are doing your best and that is to be commended. Your children and those close to you will look back on this and be very proud of how well you are doing, especially taking the time to support others in similar situations. Give yourself a well deserved pat on the back. Today has not been so good, but you will start again tomorrow and hopefully it will be better.

Take care. xxx

[can it get worse]

CPS up to their old tricks, same as the OB. Your legal team should be onto that quick enough.

Truth will prevail chum, these lying bar****ds usually get cocky and shoot themselves in the foot, stay strong.

Thanks Dave - Excuse my ignorance but what is OB? Hopefully once we get the rest of the package thru' we will feel better and ready for battle.

We have much info which ......................Blah blah blah don't want to go into it on here but hopefully will be advantageous. It would be amazing if we could prove she is a liar and the police will admit that she has wasted their time and a very large amount of the taxpayers money. But don't want to be optimistic about that one!!!

[frightened spouse]

Thanks Dave - Excuse my ignorance but what is OB? Hopefully once we get the rest of the package thru' we will feel better and ready for battle.

We have much info which ......................Blah blah blah don't want to go into it on here but hopefully will be advantageous. It would be amazing if we could prove she is a liar and the police will admit that she has wasted their time and a very large amount of the taxpayers money. But don't want to be optimistic about that one!!!

Hi CIGW

I think Dave means old bill. Hope you have a better day today

[can it get worse]

hi

don't know why they only release a small part all I had was about 1cm of statements from my ex her, her new husband his mum his sister and a couple of her friends, her friends statements weren't for either of us so im abit confused aswell

Thanks omg - it just does not seem to make sense and the whole thing seems so skewed towards the 'alligator'. We have to trust in our defence team & trust she will be caught out. Not easy to do but no other choice.

Thank you for your support - makes me feel better knowing people will take the time to post. So for a few elements of the day, the realism of this horror goes away. Unfortunately, it seems to be at the forefront of everything most of the time!!!

[can it get worse]

Hi CIGAW,

Really sorry to hear to hear you are having a particularly bad day...I am afraid I cant offer much advise about the CPS and witholding statements etc as we are not at that stage (yet) but I want you to know you are not alone in how you are feeling, as mum this is so hard to cope with alongside trying to keep a sense of normality for our children. It is hard and you are coping, you are doing your best and that is to be commended. Your children and those close to you will look back on this and be very proud of how well you are doing, especially taking the time to support others in similar situations. Give yourself a well deserved pat on the back. Today has not been so good, but you will start again tomorrow and hopefully it will be better.

Take care. xxx

Thnk u CGU - you have made me cry with your lovely words...... I can sort of recognise that I'm doing a good job of carrying on as normal but it does help immensely when someone says it to me like you have. It hurts so much when I see my fabulous children playing so happily and secure in their environment but they are oblivious that one person is so enormous in the power to destroy their lives.

[Rights Fighter]

The reason the CPS and police withhold evidence, or refuse to obtain evidence that undermines their own case, is that the issue of guilt and innocence, truth and lies flies right out of the window. In its place is a game that has to be played - TO WIN.

This has bugger-all to do with justice and everything to do with winning. If you have a good defence team they will insist on the evidence being obtained. Often this has to be done at a pre trial hearing or even during the course of a trial.

Sorry I cannot be of more help. That's the way it is, unfortunately. The police and CPS are under pressure to increase rape/sexual abuse convictions to meet Government set targets. Many will strive to do that regardless of how true or false the allegations are.

Hopefully your defence team has teeth and will fight all the way for what is needed.

[can it get worse]

I trust what you say RF but am shocked (& niave) This is an organisation who has a responsibility to the people of the country to provide a fair & just service. It says on their website

"Being fair and being seen to be fair are the cornerstones of everything we do".

Dare I ask you if this is not the case then?!!!