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Going To Trial For A False Rape Claim- Please Help?

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  • Going To Trial For A False Rape Claim- Please Help?

    Hello all, I recently found this forum and it is quite the brilliant resource. People here seem to know what they're on about so I'd like to ask some advice.

    About a year and a half ago, I was taken out of my house at early hours of the morning and questioned for several hours about an underage girl I had supposedly slept with in 2013. I was 22 at the time and she was 14. I had known the girl through mutual acquaintances, and she often went to gigs and the like, and most of her friends were my age. Given she dressed and spoke well, I never thought to question her age. Eventually, I found out her age and suggested we keep some distance as it looked pretty off IMO (and we had discussed the idea of getting together prior, which I soon realised was a no-no). She seemed fine with the idea and said she understood. So I eventually moved on and got a girlfriend.

    Now, several years later, she has randomly told the police I had sex with her several times and that we were in a relationship- which we weren't. I was put on bail for the better part of a year (which caused my relationship to break down, so I moved in with my best friend, who is now my wonderful girlfriend). There was and is no evidence whatsoever, so I was shocked when they decided to charge me in November just gone.

    As I said, there is no evidence. All that exists is the girl's claims, and her parents who backed her up by saying I had stayed at their house, told them I was 18 and was in a relationship with this girl. The sexual activity she claims happened during xmas time when I stayed over. There are also one or two family members who said they saw me at the house (I had visited a few times, usually dropping the girl off after gigs when we were still friends). The family are also saying I stayed during xmas including xmas day.

    However, I have photo evidence of myself with family during xmas and the days before and after. There are several inconsistencies (including the police etc trying to shift the date to xmas 2014, given the girl and her parents all have their dates mixed up, as it is a false allegation). So my solicitor is unsure if during trial they'll say it occurred in 2013 or 2014. I have more evidence for 2013, and this fits the time I did know her (as well as it being the date the girl says when this supposedly happened).

    I am so angry that I was charged with such a flimsy case. And I am angry this has got to trial. My girlfriend is partially disabled and I am her carer. My solicitor said I could face up to 10 years if found guilty, which is mind boggling. I would take solace in the fact that we have evidence on our side, as well as digital evidence via social media of this girl bragging about what she's done,but things have been so illogical as of late I don't know what is going to happen.

    So I would like some advice on the matter. I should have posted this sooner but have been so busy. My trial is in two weeks.

    Thankyou!

  • #2
    P.S. I do not have the money to pay for a solicitor so was given one. I'm unsure how good they are but they seem ok. But I imagine it would have been better to go with someone who specialises in these cases?

    Comment


    • #3
      So sorry to read your story.

      I hope you feel confident with your solicitor and the barrister chosen.
      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

      Comment


      • #4
        I understand why you're angry.
        It's such an awful thing to be accused of.
        I haven't been to trial in our case so I can't help much but I do know this:
        You only get one shot at this so it has to be your best one.
        If you are confident in your solicitor then there's not much reason to change but there's a lot to be said for one that has experience in this subject.
        They will know how it works inside out.
        It often comes down to which side is more convincing rather than who is telling the truth and who is not.
        Specialist solicitors are able to work with the most important parts of your defence.
        The jury needs to be convinced of your guilt.
        If you can tell us roughly what area you are in we could offer suggestions of recommended ones where your trial will be.
        YoH

        Comment


        • #5
          Originally posted by Rights Fighter View Post
          So sorry to read your story.

          I hope you feel confident with your solicitor and the barrister chosen.
          Is it too late to change RF????

          Comment


          • #6
            Trial is in two weeks - so yes. I wish people would post earlier so they can be advised with regards to decent solicitors and barristers

            Let's hope that this one does the job and the barrister listens to his client.
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

            Comment


            • #7
              Hello and welcome to daftmoo JamesJH.

              My eyes are squiffy from staring at the computer all night, I shall read your post again tomorrow when my eyes and brain can process it a bit better but just wanted to say I am sorry to hear of yet another historical case. Sounds like you can cast doubt on her claims so there is hope for some dancing banana's.

              I will direct you to the useful info section if you haven't already found it, there is some advice on facing cross examination and (I think) advice on what to take in the "nasty bag" on the day of the verdict in case things go wrong. Prepare for the worst and hope for the best.

              http://www.daftmoo.org.uk/mooforum/f...ul-Information

              Edit.... I have just seen that RF has pasted the nasty bag list in another thread, she is always on the ball:


              http://www.daftmoo.org.uk/mooforum/s...ing-for-advice
              Last edited by Peter1975; 13 July 2017, 10:49 PM.
              For reliable legal aided advice in the London or home counties area, contact Harvey Fox of Freemans Solicitors, London. ( Private clients nationwide) :
              https://freemanssolicitors.net/team_members/harvey-fox/


              To join secure closed forums for those falsely accused of historical sex offences visit https://pafaaorg.wordpress.com/


              For help and advice with appealing convictions visit https://pacso.co.uk/pafaa-pacso-forums/

              Comment


              • #8
                The important thing is to collate the evidence, i.e. the disproving facts that you can recollect, to pass to your solicitor for your barrister to use in cross-examination and is seems from your post that you have already been able to do this.

                Furthermore you are able to take paper and pencil into the dock with you so, if anything suddenly occurs to you as a result of listening to the complainants replies to cross-examination, you can write a note for the usher to give to your solicitor which can hopefully be passed on to the barrister.
                'What doesn't kill you makes you stronger'

                Comment


                • #9
                  Originally posted by Peter1975 View Post
                  ..................

                  Edit.... I have just seen that RF has pasted the nasty bag list in another thread, she is always on the ball:


                  http://www.daftmoo.org.uk/mooforum/s...ing-for-advice

                  It should show in the "Useful Information" now
                  People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                  PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                  Comment


                  • #10
                    Originally posted by YearsOfHell View Post
                    If you are confident in your solicitor then there's not much reason to change but there's a lot to be said for one that has experience in this subject.
                    They will know how it works inside out.
                    My barrister also works as a judge, which I assume is decent? However they are just a generic law firm, and I was given advice to NOT say no comment during my first interview by one of their solicitors (who was barely above an intern, and was younger than me). I still feel that was stupid, as I slipped up and said things wrong due to bad memory which they then used against me.

                    The thing I am worried about is
                    1. the media posting my address (why do they have the right to do this?) given it's where my disabled gf lives
                    2. some of my witnesses are unable to attend and their statements can't be put forward if they are unable to attend which I think is unfair.

                    Comment


                    • #11
                      Because a barrister sometimes sits as a part time judge, doesn't mean that he is a good advocate and good with a jury. All it means is that they've got more qualifications, potentially - which doesn't make them any better than a bog standard barrister.

                      If you are feeling confident with who you have though and there's no false bragging from them, stick with them.

                      I mention "false bragging" because I do know of some who will pretend that they have never lost a case. One such person said one week "I've only lost one case in 149 cases". The next week he told another potential client "I've only lost one case in 249 cases....."

                      Anyone who claims to have never lost a case is either lying or they've only just started....

                      With regards to the solicitor - it actually boils down to the specific solicitor not the firm. Bog standard firms (including generic firms) will obviously employ people who have qualifications. Good firms will look beyond qualifications.
                      Last edited by Rights Fighter; 16 July 2017, 04:03 PM.
                      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                      Comment


                      • #12
                        Thankyou all for your swift replies. I am unfortunately unable to have a friend give his statement in court, and a churchgoing friend who I met via the church is also unable to take time off due to having recently had several weeks off bereavement. I'm really annoyed because most of the case against me has boiled down to character attacks given there's no evidence (the claim is I stayed at this girls' house around a certain time period, yet I have numerous photos with timestamps by way of social media showing I was with family during those times. As such, they've kept the claims of time vague so they can presumably shift the times as and when the evidence disputes their claim).

                        Could my church friend (who has given a glowing assessment of character) not have his statement read in absentia? I'm told by my solicitor he can't. Thus I've had 3 people whose statements I can't use due to them being unable to attend court.

                        Comment


                        • #13
                          Yes - character statements can be agreed and read, providing that you do not have previous convictions
                          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                          PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                          Comment


                          • #14
                            Originally posted by Rights Fighter View Post
                            Yes - character statements can be agreed and read, providing that you do not have previous convictions

                            How do you mean? I do have previous conviction from around 5 years ago...

                            Comment


                            • #15
                              Similar type or one of dishonesty such as fraud?

                              Whatever it is - might have an impact on whether you are allowed to produce character references, if you have "bad character" relating to similar type convictions or cautions, or relating to dishonesty as in fraud.

                              If a man of good character is at trial then he would be entitled to what is called a full "Good Character direction" by the judge, to the jury. If there is previous, depending on what is it, if it is put before the jury the judge can in some circumstances give what is called a "modified good character direction".
                              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                              PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                              Comment

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