false allegations of historic child rape

[Rights Fighter]

Your solicitor and barrister are the best people to ask those questions, as they have your paperwork. Maybe ask them if there is anything of assistance in the "unused material" or on the "unused schedule" - although I am sure they would have gone through that before trial. Maybe there is something that was not disclosed by the police/CPS that ought to have been.

As I say, the sol and barrister are the best people to ask as they know your case inside out.

[victimized]

Leave to appeal granted

Determined to overturn the conviction, I endeavoured to obtain evidence to prove my innocence.

A piece of advice for others in a similar predicament. Always persevere in the face of adversity. There is always a solution waiting to be found.

To rectify the situation, I contacted many innocence projects who offered assistance. I replaced my legal team with more competent counsel.
A highly experienced barrister represented me for sentencing and lodged the appeal in June 2016.

As I was affected by Autistic Spectrum Disorder (Asperger’s Syndrome) I presented a vulnerable person. Therefore, it was deemed that a prison sentence would be inappropriate. Consequently, I was sentenced to a 2 years suspended sentence. I was also required to sign the sex offenders register for 10 years.

I was granted leave to appeal in 2018.

The barrister obtained the expert opinion of an eminent doctor who confirmed that assault and ingestion of acid would result in permanent damage of which there were none.

Autistic Spectrum Disorder has different symptoms for different people. It is characterised by difficulties in communication and obsessive thought patterns. My barrister stressed that Autistic Spectrum Disorder caused me to have obsessive thoughts concerning defilement since early childhood. It caused me to fear contact with my sibling, the complainant, as in childhood I witnessed his dirty nappies, his habit of wiping mucus on his clothes and eating mucus. He also had a gash to his hand which I could not bear to see for disgust. My aversion resulted in aloofness to people. This caused my sibling to feel rejected and would explain his desire for revenge. This was exacerbated in 2000 and 2013 when he approached me to mend relations but I refused. On both occasions he reported allegations that I had abused him to police.

In January 2017, I overcame my fear of needles and undertook a blood test. It was revealed that I have low testosterone. A later DEXA scan revealed that I have thin bones (symptomatic of low testosterone). The endocrinologist stated that poor childhood diet and lack of exercise most likely caused low testosterone. Therefore I had the condition since childhood, i.e. during the dates of the alleged abuse (1987 to 1991). As low testosterone causes erectile dysfunction, low libido and lack of musculature it would decrease the chances that I would have been able to perpetrate assaults of a sexual nature and involving physical strength.

This year the investigating officer visited the complainant. On being informed that I was to appeal he flew into a rage threatening that subsequent action will imperil all involved.

I would be grateful for any advice regarding how I can better my chance of success.

[Casehardened]

You and your legal team have done so much research into the grounds for appeal that I can't think of anything else to suggest.

I have no personal experience of appeals but I believe the complainant won't be present so his behaviour, rightly or wrongly, won't be a factor, but my initial thought on reading that you were given a suspended sentence is that the trial judge, while having to abide by the jury verdict, must have considered that you posed no threat to anyone, which surely must be in your favour for the appeal.

[victimized]

In her own words the judge described it as “a very weak case”. She stated that determining a sentence would be a nightmare thereby indicating that she believed that I would be declared not guilty. My barrister informed me that she believed that I was not guilty but that she was bound by the jury verdict.

As I was convicted of buggery, I would like to know whether it would be possible to perpetrate such an offence if the defendant could not voluntarily achieve an erection (due to low testosterone) and had an intense phobia of physical contact (caused by OCD/Autistic Spectrum Disorder). As I no longer have the services of a solicitor and barristers cannot communicate with clients, there is nobody that I can ask.

[Peter1975]

Hi Victimized,

I'm afraid none of us here are legally qualified and there is always a risk that you get the wrong answer which is probably why no one has responded.

RF is our appeals expert and she isn't around so much these days but I suspect that what she might say is that you would need a very good reason for any medical evidence that could have been available at trial to be introduced for an appeal.

If your medical issues were put to the jury I would say it is unlikely to form a ground of appeal on it's own. However, your lawyers are the ones to know and I would suggest speaking to them if possible. ( you may have to pay for their time )

[victimized]

Unfortunate new turn of events

Thank you for your support.

At the insistence of the police, I returned to the family address in 2017. The police deemed that sleeping rough posed a danger to myself and to others. The complainant is subject to a court restraining order following a history of verbal and physical abuse to the parents. The court order prohibits him entry to the property although he can wait ouside of the gate. My father has consistently refused to involve police fearing revenge and out of love for his son.

Today the complainant saw me near the street where I live. He is unaware that I have returned home. He phoned my father, who supports him financially and accused him of betraying him (by allowing me to return home) and threatened to stab him until he dies. My father considers him a threat to our safety.

I am hesitant to involve the police as the last time I called police to report his threatening behaviour he made the allegations of attempted gbh and sexual assault.

What should I do?

[Peter1975]

Today the complainant saw me near the street where I live. He is unaware that I have returned home. He phoned my father, who supports him financially and accused him of betraying him (by allowing me to return home) and threatened to stab him until he dies. My father considers him a threat to our safety.

I am hesitant to involve the police as the last time I called police to report his threatening behaviour he made the allegations of attempted gbh and sexual assault.

What should I do?

I can't tell you what to do I'm afraid but I would say it is your father that should make any complaint to the police if you so decide as he was the one directly threatened. Keep a record/timeline of events and obviously keep any threatening text messages etc.

[victimized]

Grounds of appeal were rejected

On 09/11/2018 the grounds of appeal were presented to the Court of Appeal. They refused to accept that I had an unfair trial.
What other options could I pursue?

[Peter1975]

On 09/11/2018 the grounds of appeal were presented to the Court of Appeal. They refused to accept that I had an unfair trial.
What other options could I pursue?

I’m sorry to hear this victimised. I’m sorry too for not taking the time to read back far enough on this thread before now and while I’m not shocked that a jury can accept absolute nonsense, yours does seem one of the more gullible.

To summarise then, the single judge granted leave to appeal but the full court has sadly dismissed it.

The next step is the criminal cases review commission (CCRC) in England and Wales or the Scottish ( SCCRC) version north of the border but you you will need some fresh evidence or a different legal argument.

There are also a few innocence projects running at various universities who may offer you some assistance. Cardiff has one.. ( there is a list I’ll post somewhere if I remember )

It will be no consolation to you to know that the majority of appeals fail, the bar is set deliberately high but I hope you can find something or someone that can help.

Keep your chin up.