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The police have told the complainant that my son has an alibi for the date she claimed he had raped her on. In her ABE interview she said that she had checked the date and she was positive she had been raped on this date. My son's solicitor produced the alibi evidence which was accepted and the police told the complainant. Effectively giving her an opportunity to change her story and a second statement has been produced stating an 'unspecified date' before and very close to the original date. Solicitor is fighting admissibility of second statement under Section 78. I cannot believe that the police can report vital alibi evidence to complainant surely by doing so they are instrumental in perverting the whole process. Does anyone know the rules about alibi evidence?
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It's best never to tell the police about alibi evidence and save it until trial. This happens frequently I'm sorry to say.... I know of a few girls who have said, for instance "it happened on my 13th birthday and I remember thinking 'what a way to enter my teens'". Alibi evidence is given to the police and hey presto she was 15......
Sadly it happens more often than not.People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk
PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/ -
Thank you for reply. Have you ever heard of anyone having a previous acquittal adduced as bad character evidence? That is what CPS is currently trying to do. I'm afraid he was previously accused of rape by a girl who told him that she could 'get a lot of money in compensation if she claimed to be raped' The jury took less that 1.5 hours to reach their verdict of not guilty after almost 2 weeks in court. Previous gf read in paper about the allegation and decided to jump on the bandwagon. CPS want to adduce previous case. As far as I can tell they wont be able to as their are gateways and cases do not have similar circumstances at all. Also I have read that one previous case (especially acquitted) does not present a 'trend'.Originally posted by Rights Fighter View PostComment
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Def would be cross-examined as to why he didn't tell the police about the alibi evidence in question. He can't say "because I didn't trust the police not to widen the goal posts" but he can (probably in all truth) say "I was shocked and terrified at the allegation that it was only some time afterwards, when I had collected my thoughts, that I realised I have an alibi. The jury would understand that.
If Crown get the previous allegation in, then def counsel will have to make damn sure that the jury know that the girls know each other, and the 2nd knew that the first girl was aware of her FAILED allegation and that it was about "compensation". Hopefully the barrister would labour the point that the public pays for such "compensation" out of their own pockets via tax.
There could also be a ground of appeal should it go horribly wrong and end in conviction, that the previous allegation should not have been put into the evidence / that the judge erred in allowing the previous allegation before the jury.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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