Sexual Assault

[Rights Fighter]

Contested cases yes - usually these are committed to CC if the resulting sentence would be more than 6 months (well it WAS 6 months not sure if that has changed as so many rules have altered over the last few months).

[blowngasket]

when i went to mags my sol told me mine was either way offence and could be at mag or crown but was advised to go for crown but the prosucation asked for it to go to crown has the mag has ltd sentance powers so i agree with rflh it will go to crown

[sickasaparrot]

Hi Irishfella,
Things just seem to runaway with you I know - I'm in a situation at the moment where I can't sleep / eat/ think straight etc.

There are lots of knowlegeable people on here who can advise you. The important thing to remember is that you've done nothing wrong.

Good Luck - we're all with you at this difficult time!

[Irishfella]

Hey guys,

Well had my plea before at the mags yesterday. They were happy for it to be tried in a mags court but i elected CC. It could have been dealt with because the "touch" was not of any genitals. Was a nervous wreck before i went in. Will be getting all the statements CCTV stills etc posted to me this week. Will keep all informed. Thanks for the advice and support guys.

[RFLH]

Did you notice if there were any court reporters there? I should prepare yourself for it appearing in your local papers if they were.

[Irishfella]

No. Didn't notice anyone. Just other people waiting for their case. Still waiting for my copy of statements and photos to be sent by sol even though I was promised they would be sent in Tuesday's post. Another example of my sol's relaxed approach. Never mind the fact I paid over £400 for representation Tuesday. Have to go back in 4 weeks for my committal to crown. Another £400. Costly business being accused of something I've not done.

[Rights Fighter]

It's rare the newspaper reporters actually lurk as such. I think it depends on the case. I've attended more trials than I care to remember and have yet to see a photograph taken at or outside the court of the defendant (or anybody else related to the case).

[RFLH]

that's good to know - I guess they would turn up for 'front page' cases.

[Irishfella]

Hi Guys,

Sorry its been a while but have put this to the back of my mind for now. Have had my plea at crown court (not guilty) and have been set a warning period of may for my trial. Met my barrister who im very pleased with. He is confident we can win. The accuser has asked for a screen while being interviewed. I have been told that this is normal and doesnt really mean anything. Also waiting for extra cctv the police and cps have not included already which my barrister finds strange. Also my phone which was seized and checked by police has been deemed as not evidence yet in both her statements she says i was taking a photo up her skirt. Barrister also finds this very strange. Advice and thoughts greatly appreciated. Also hope everyone had a happy and a safe Christmas. Thanks for the continued support guys.

[Rights Fighter]

No it's not strange at all. The police and Crown do not want anything to undermine their case so they have "forgotten" to place this evidence in the unused bundle.

One trial I attended a few years back, the unused bundle should have included statements from children sharing a bedroom with the accuser. It did not. When the OIC was cross-examined by the defence barrister he was not expecting to be shown a big brown envelope with the words in his handwriting on it:

"Not to be disclosed to defence".

This should have appeared in the unused. Obviously your barrister will be making enquiries about this missing unused evidence..........

[Irishfella]

Thanks RF. Yes he has asked for all the paperwork for the forensic checking of my mobile phone plus the CCTV in which they alleged I was left unattended for 90 seconds but only because the arresting office went to speak to the accuser. He has asked for that CCTV also. Thanks for replying. It's looking better than what it was a few weeks ago but my fate will be in the hands of 12 people. I just want this done and dusted now. All this madness for what she said was a touch for a split second after seeing the mobile phone I had in my hand at the time was a basic phone with no camera function. Thank god my partner believes me and is standing by me throughout all this.

[lawlessone2009]

From my experience ANYTHING that is recorded onto a memory disc/hard drive can be retrieved even if the storage device is damaged or formatted. You've clearly not damaged your own phone so the 'deletion' of either pictures or possible evidence should have been a priority for the Police to investigate and they should have done so in order to prove their case.

I would expect at the very least your phone has been interrogated. It is not difficult or time consuming. If they've released the phone to you then I would happily testify that this strengthens your case and weakens theirs. They'll not be wanting insignificant things, like a lack of evidence, to get in the way of a case that they've no doubt spent a few man hours on.

Good to hear that you are satisfied with your legal representation.

[Irishfella]

Thanks for the PM RF..Im Quite happy with my Barrister i have i did try pm you back but it would'nt allow..Wont be in touch with them again until New Year my GF is going to be my character witness as recommended by barrister..That aside just want it all done and dusted and have my name cleared. I cant retrieve the hours and days i have spent worrying about all this but i want it finished ASAP. Thanks again all you guys for the advice/support!

[Rights Fighter]

Thanks for the PM RF..Im Quite happy with my Barrister i have i did try pm you back but it would'nt allow........

I've amended my settings so please try again but only if you need some advice others on here cannot give you. Many have been through roughly what you are going through so can advise through experience.

[Irishfella]

Hi guys,

Sorry but advice once again required. Got an e mail from my sol yesterday. She has been called into court today regarding my case. The cps have witness problems. She has said it will probably be moved date wise. Only thing is the only witnesses are my accuser and the arresting officer. Obviously it was set to trial for early may. Anyone ever experience this? Am I secretly getting my hopes up that my accuser may have dropped the case against me? The cps didn't say to my sol what the witness problem was. Advice gratefully accepted. Thanks for reading.