Charged

[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]

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.

[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]

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

[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]

Fed up, fed up, fed up....

So sad that this is happening to our family. Drained. Angry. Numb. But got to carry on & manage to gain the strength because she will never truly 'win' even if the worst happens.

Please could I ask.......If the prosecution statements show discrepancies, does that discredit her? (even if it does not relate to the charge specifically)



Also does anyone know if the police do not always pass all information on to CPS. (i.e hold some information back, so that CPS make a charge decision without having all info)

[cantgiveup]

Hi CGU,

Thank you for your kind thoughts. It really means a lot to me.
We have now received some info from the prosecution. We seem to constantly analyse every aspect of her allegation and still cannot understand how a decision to charge was made. We are very frightened what the future holds, firstly in respect of verdict at the trial. And just as importantly, the effects this is having on our family.

We try to keep busy but most days are horrible with this shadow constantly hanging over us. The worry and emotional pull is heartbreaking.

No probs

I don't think there seems to be to much logic in decisions to charge, more of a 'targets to meet' and promotions sought situation. Unfortunately no consideration or thought is given to the lives that are put in turmoil while these targets and promotions are sought.

Now a charge has been brought, you have to fight back, pick as many holes as you can in her evidence, find as much as you can to discredit her. Do you have an experienced solicitor - I hope they are providing you with support during all this.

You are doing well to be 'just coping' and you will continue to do so, like you say it is heartbreaking but you WILL get through it.



Take care CGU xx

[can it get worse]

Hiya,

How you doing, hope you are managing to focus on gathering lots of evidence to discredit your FA....just wanted to let you know I am thinking of you.

CGU xx

Hi CGU,

Thank you for your kind thoughts. It really means a lot to me.
We have now received some info from the prosecution. We seem to constantly analyse every aspect of her allegation and still cannot understand how a decision to charge was made. We are very frightened what the future holds, firstly in respect of verdict at the trial. And just as importantly, the effects this is having on our family.

We try to keep busy but most days are horrible with this shadow constantly hanging over us. The worry and emotional pull is heartbreaking.

[cantgiveup]

Hiya,

How you doing, hope you are managing to focus on gathering lots of evidence to discredit your FA....just wanted to let you know I am thinking of you.

CGU xx

[can it get worse]

Hi CIGW - I'm very sorry he's now been charged .
I'm not sure how the CPS get their 51% figure from. In our case where 2 people were accused, the accuser didn't even make a complaint against my son, there was no evidence against him (not even the alleged victim's word) and his barrister asked the judge for him to be aquitted, but it still went ahead (both found NG). The only thing that springs to mind is that as he was young, very naive and poorly defended to start with ( he changed sols before the trial), that bumped up the chances of a conviction from CPS point of view which is why it went forward.

If you do as CH suggests - concentrate on destroying the accusers credibility in the eyes of the jury you are reducing his chances of a conviction by a huge amount. Likewise, if you try to get on top of the situation by whatever means (relaxation, keeping busy, laughter yoga, regular sleep etc) you will keep your stamina up and your mind clear-thinking which is what you both really need should it go to trial.

Big hugs

Thank you WGO,

I've just read thru your posts about your son............I cannot believe it even got to trial.....Initially we were so shocked with the news about my husb getting charged. It seems they must have disregarded the information that has been provided for the defence.

We should be receiving the 'victims' statement shortly, so hopefully we will be able to concentrate on what exactly she has alleged. I don't want to go into detail but she must have given lots of information which will hopefully be to our advantage in respect of her credibility.

We have engaged experts for our defence. However we are still extremely anxious.

[whatsgoingon?]

Hi CIGW - I'm very sorry he's now been charged .
I'm not sure how the CPS get their 51% figure from. In our case where 2 people were accused, the accuser didn't even make a complaint against my son, there was no evidence against him (not even the alleged victim's word) and his barrister asked the judge for him to be aquitted, but it still went ahead (both found NG). The only thing that springs to mind is that as he was young, very naive and poorly defended to start with ( he changed sols before the trial), that bumped up the chances of a conviction from CPS point of view which is why it went forward.

If you do as CH suggests - concentrate on destroying the accusers credibility in the eyes of the jury you are reducing his chances of a conviction by a huge amount. Likewise, if you try to get on top of the situation by whatever means (relaxation, keeping busy, laughter yoga, regular sleep etc) you will keep your stamina up and your mind clear-thinking which is what you both really need should it go to trial.

Big hugs

[SeeksJustice]

Our Justice System

I went through this myself and was convicted even after the child said to me that he was sorry that his own mother made him lie. My lawyer hid the taped confession from the jury.. Read my site at
www.falseconvictions.com for more info. If I can help you, please let me know. Thanks,

Steve

[Casehardened]

Sorry forgot to ask you........ you say ''If the charges result in a trial, which by no means a certainty''..... Does this happen very often. Why would a case NOT end up going to trial? This is something I would like to hope for. I can hardly imagine tho' that she would admit she had been lying.

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.

[can it get worse]

stay strong babes - plod and cps have conviction targets to reach they're probably reeling from the high profile cases that keep getting NG - BUT - we should all take heart from those - they all had multiple charges and still got NG on all of them as have some on here and the other forum...
many people have said that being charged brought a kind of relief as now you know what you are fighting and can really start to do something about building a defence should it ever go that far...you have a very good team behind you and they are very experienced in finding holes and contradictions in "evidence"
Keep strong and make sure you get some support for you - you will find it hard to keep all your family going on your own.....

Thanks MyHome - We had a bad weekend as expected but today not too bad. It is all constantly on our minds but kept busy so able to have moments when it is not all consuming. I think we should get the files in about 2-3 weeks. Does anybody know how long it takes??

And then we can meet up with sol. You mentioned about 'Should it ever go that far'..... I've just asked about this on my previous post on this thread. Is it a possibility that it does not go ahead?? If so what would be the reasons? I don't want to build my hopes up unnecessarily but this would be a great end to the nightmare we are living in. I know some cases are aquitted (is that the right word?) before trial but I don't know if these are very rare or not?

[can it get worse]

Hi CIGW,

if the charges results in a trial, which is by no means a certainty, if your legal team can pick their own holes in it, then it will be folks like you in the jury listening to the 'evidence'.

Sorry forgot to ask you........ you say ''If the charges result in a trial, which by no means a certainty''..... Does this happen very often. Why would a case NOT end up going to trial? This is something I would like to hope for. I can hardly imagine tho' that she would admit she had been lying.