Falsely accused and convicted hell

[Casehardened]

Why in the world would if someone sexually assaulted you on the Tuesday THEN stay round there on the Saturday the same week and sleep in a very short nighty?
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Was the assault alleged to have occurred on the Tuesday rather than the Saturday (it wasn't clear from your initial account that she also slept over on Tuesday)

[truthspeaker]

He can't (or shouldn't deny) that he shared a bed with the 14 year old, if that is what he did.

However, forensic tests should still have been done, because one would expect mixed samples of DNA (semen / her secretions / saliva) to be present had the alleged assaults occurred.

What does counsel say about the prospects of appealing the conviction? He would have a view at this stage as he would know whether the JSU (Judge's Summing Up) was faulty or if any abuses of process were committed.

I didn't deny it, I never denied it and always fully admitted it that we shared a bed. But yes forensics was for that I assumed. There was nothing found.

We have tried to appeal under the grounds that the two cases should not have been placed under the same jury as it promotes prejudice. As if they weren't already.
The summing up as I remember was good. The judge wasn't overly biased I don't think and he was fair. But to tell a dozen people that they have to separate the two things was ridiculous.

It's like having a murder case and an assault case under the same people. This could be a murderer. Did he beat this guy up? Ridiculous.

[truthspeaker]

Was the assault alleged to have occurred on the Tuesday rather than the Saturday (it wasn't clear from your initial account that she also slept over on Tuesday)

She said that it happened on the Saturday, but also stated that something had happened on Tuesday.
Her words were "oh well he apologised so I thought I'd give him another chance".

And I'll wear less clothes when I stay over...... Good one.

Her excuse in court was that if she got changed then I would think she's tired and going to sleep, therefore I would leave her alone.

[truthspeaker]

If I remember correctly she said that I tried to kiss her on Tuesday, Grabbed her boobs and put my hand down her skinny jeans. You ever tried to put your hand down your partners skinny jeans? Let alone try to do anything once you got your hand in there.

In court she said her skinny jeans were skinny but they were loose above the knees. I don't know of skinny jeans that are like that. I don't think they would sell very well.

I am happy to share my case papers with anyone who would advise me on anything or point me in the right direction of better exposure of this heinous verdict.

[Rights Fighter]

If the two case are linked and have the same complainant then they will be heard together. The appeal has been lodged?

Also, even if the judge was very fair, even erring on the side of the defence rather than the prosecution, he or she can still make mistakes. Hopefully he got a copy of the JSU.

How long ago was the conviction?

Please do not offer to show the paperwork to anybody on here. You don't know anyone or who they are, their experience, etc.

[truthspeaker]

If the two case are linked and have the same complainant then they will be heard together. The appeal has been lodged?

Also, even if the judge was very fair, even erring on the side of the defence rather than the prosecution, he or she can still make mistakes. Hopefully he got a copy of the JSU.

How long ago was the conviction?

Please do not offer to show the paperwork to anybody on here. You don't know anyone or who they are, their experience, etc.

Maximum could be 7 years. The two cases, the images did not include the complainant. It had nothing to do with her. So it shouldn't have been joined at all. Appeal was lodged. They denied it.

[truthspeaker]

If the two case are linked and have the same complainant then they will be heard together. The appeal has been lodged?

Also, even if the judge was very fair, even erring on the side of the defence rather than the prosecution, he or she can still make mistakes. Hopefully he got a copy of the JSU.

How long ago was the conviction?

Please do not offer to show the paperwork to anybody on here. You don't know anyone or who they are, their experience, etc.

Maximum could be 7 years. The two cases, the images did not include the complainant. It had nothing to do with her. So it shouldn't have been joined at all. Appeal was lodged. They denied it.

I agree with the sharing paperwork, I don't know what use it would be to them. I wouldn't had thought it was of any value. I fear not who sees it because I am innocent. The full story is there. Including her VERY coached second interview. Vocabulary was different, specific terms, words. Even the prosecution was like "oh god that's awful".

[Rights Fighter]

Maximum could be 7 years. The two cases, the images did not include the complainant. It had nothing to do with her. So it shouldn't have been joined at all. Appeal was lodged. They denied it.

Eh? it hasn't been long enough to have been lodged let alone considered. It takes about 6 months to get to the Single Judge (SJ) let alone to the full court for hearing. Were you convicted in Mag court not Crown? Can't see that happening though.....

if the images were of a girl or girls of a similar age they will lump the two together to demonstrate propensity.

[truthspeaker]

Eh? it hasn't been long enough to have been lodged let alone considered. It takes about 6 months to get to the Single Judge (SJ) let alone to the full court for hearing. Were you convicted in Mag court not Crown? Can't see that happening though.....

if the images were of a girl or girls of a similar age they will lump the two together to demonstrate propensity.

This had been going on for over two years, been to Mag and trial at Crown.

The whole propensity thing would be an analogy of relating a bombing to watching action films very very rarely.
It was just the amount. 28 "inaccessible" out of a potential 224,000 images.

[Rights Fighter]

When were you convicted? I ask as any appeal application would take a week at least to lodge, if done immediately after conviction. It would then wait in a queue for the SJ - usually takes around 6 months although that can be shorter or longer.

I am having difficulty in believing that it was considered and disposed of in a matter of days. The grounds can be renewed before the full court but there would be no legal aid for the barrister argue do this orally.

[Casehardened]

[Post deleted as RF has given the definitive answer]

[Rights Fighter]

This had been going on for over two years, been to Mag and trial at Crown.

The whole propensity thing would be an analogy of relating a bombing to watching action films very very rarely.
It was just the amount. 28 "inaccessible" out of a potential 224,000 images.

It is the way it is done. No point in arguing against it.

However a forensic expert might provide fresh evidence that should have been put at trial, that you had no way of knowing the images were there. Although CA would also state that you should have done that prior to trial so it would probably fail anyway.

[AmandaF]

I can't help with anything legal, just to say what a mess and I'm sorry you had to find us. One can argue that for a man to share a bed with a 14 year old is absolute suicide in a sense, but I did it (as a 15 year old girl, albeit a long time ago) and it was just a case of friends. It does happen!!

There are a couple of points that you raised- the hidden photographs: my wrongly convicted OH had an image (supposedly) on his laptop of a young girl which he claims he had never seen. The defence IT team stated it was a "pop-up" from another site and it was dismissed.

He was also accused of putting his hands down someone's jeans- while they were driving . It's all ridiculous.

I feel for you- so may cases are just repeats of the same old same old . When will it end??

I too would love to start some kind of campaign to get our forgotten ignored voices heard. I am currently in the process of trying to get some redress for my own case , which was dismissed at trial and I'm prepared to go as public as I can without damaging any appeal that may , and it's a very big "may" happen for my other half.

I wish you well.

[truthspeaker]

When were you convicted? I ask as any appeal application would take a week at least to lodge, if done immediately after conviction. It would then wait in a queue for the SJ - usually takes around 6 months although that can be shorter or longer.

I am having difficulty in believing that it was considered and disposed of in a matter of days. The grounds can be renewed before the full court but there would be no legal aid for the barrister argue do this orally.

I will explain the reason for delay a little later. It was disposed of. To go to a higher court there would be no legal aid. The argument from the CPS against the appeal was very long and detailed. My solicitor explained that they do not usually write anything to counter the appeal. It was looking hopeful as the CPS made an effort to write a lengthy challenge.

I've no idea about the legality of it (but it must be as it happened) but I do agree with you about the injustice of combining the possession charge with the one of assault in one trial.

You were honest and admitted possession and unfortunately this undoubtedly influenced the jury when they were considering the assault charge.

However if you had had a separate trial for possession and been convicted this verdict may well have still been disclosed during the subsequent assault trial (unless your barrister was very good at their job and successfully argued against this)

The CPS aren't interested in justice. The police and CPS just want figures. Media coverage of this kind of news is at an all time high and it's hot and happening. They have to be able to give the public an explanation in numbers of convictions. They purposefully made an effort to join the cases because they KNEW they had a weak case and a flaky complainant.

That and a witness that might as well have been MY witness. Her friend whom she told first apparently said that the complainant had put pressure on her to inform her of what she said to the police. She told the witness that she should say because the police let her see anyway. The witnesses mother then reported to the police that the complainant was putting pressure on her daughter to disclose what she had said. Kudos to the mother.

The complainant after being found lying in court that her and the witness did not discuss it was faced with the screenshots of text messages and Facebook messages. Her excuse was then "how could you expect us not to talk about it?". She knew it wasn't allowed.

The icing on the cake is that the witness disclosed that the officer in charge had informed both of them that their statements did NOT match. When the complainant was questioned about this topic she had said in court that it must have been the OIC that told them. No one else would have. Of course, the court never followed up on this matter. Is it a policeman's job to coach witnesses like that?

[Rights Fighter]

It is the way it is done. No point in arguing against it.

However a forensic expert might provide fresh evidence that should have been put at trial, that you had no way of knowing the images were there. Although CA would also state that you should have done that prior to trial so it would probably fail anyway.

This is what is called "bad character" evidence. You weren't being tried for the images as you had admitted (that they were there).

Were you given the opportunity to tell the jury that you had no idea that they were there, and that the forensic expert for the Crown had said there were "inaccessible?"