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  • Alleged victim changes statement

    Hi all, my partner has been on bail and is due in court in January for an alleged rape five years ago. His ex wife did a video interview for which he was arrested and charged. After nine months on bail we have received a letter from our solicitor stating that the prosecution are no longer using the video interview but are now doing another interview with the alleged victim on paper and won't be relying on the video interview. They obviously can do this but does this not impact on the case... Ie she has had nine more months to see any flaws in her case and can now change her statements to suit her and her alleged case. We are at our wits end and are very worried. Please advise if you have any experience of this. Thanks in advance... Hopeful.

  • #2
    lm with you

    we saw our barristor yesterday and the alleged victim has put in another statement to add to the one she has already done , in this one she goes to church every sunday , doesnt drink and leads a clean life ,

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    • #3
      start pulling it to pieces then - facebook is normally a good place to start.
      And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

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      • #4
        Originally posted by Hopeful View Post
        Hi all, my partner has been on bail and is due in court in January for an alleged rape five years ago. His ex wife did a video interview for which he was arrested and charged. After nine months on bail we have received a letter from our solicitor stating that the prosecution are no longer using the video interview but are now doing another interview with the alleged victim on paper and won't be relying on the video interview. They obviously can do this but does this not impact on the case... Ie she has had nine more months to see any flaws in her case and can now change her statements to suit her and her alleged case. We are at our wits end and are very worried. Please advise if you have any experience of this. Thanks in advance... Hopeful.
        I suppose a positive way of looking at this is that the CPS have concluded that the prosecution case was too weak and they are trying to bolster it.

        As RFLH says, there will be equal weaknesses in the revised statement for you to pick up on once you have had sight of it.
        'What doesn't kill you makes you stronger'

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        • #5
          Thank you, it just feels so wrong as he was arrested and charged on her video interview evidence... she has had 9 months to research it and she is very good with words anyway so she shouldn't be allowed to re-do her statement, but as you said at least it can be pulled to bits.

          The whole thing is so horrible and nasty, he is getting more and more upset as the trial is approaching and we are trying to keep busy with our new baby etc. to keep occupied and positive, and little things like this just bring us right back down.

          Thank you for your help. x

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          • #6
            Hi hopeful,
            Unfortunately this type of thing seems to happen quite a lot. As incredible and as dirty and underhanded as it sounds, the police tend to go back to the accusers after the accused has been interviewed to "Clarify" some points and often come back with new statements that contradict everything the accused said in interview. This has happened a few times in my case. That's why in hindsight I wish I had given no comment interview. All we can do now is point out in court that she has changed her story to contradict mind and hope for the best.

            I know its difficult but chin up and stay strong.

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            • #7
              If your legal team has a copy of the original and then get a copy of the new version then they will be able to scrutinise it.


              I'd imagine the CPS will do the same. You don't get all the facts remember, they could have other reasons for doing it.

              Don't read it as a negative just read it as an accepted thing that they are going to do. Keep neutral and don't get yourself or your man wound up. Just as many positives as negatives could result from it.
              Wow... A signature option!

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              • #8
                was there any new evidence or any new event that made her change her statement or "a request from cps" was made
                try to find why she changed the statement which will definately help hope everything goes well

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                • #9
                  Originally posted by sam View Post
                  was there any new evidence or any new event that made her change her statement or "a request from cps" was made
                  try to find why she changed the statement which will definately help hope everything goes well
                  i just remembered FA in my case gave full video interview and the video defence received was edited either by police or cps, they have deleted some clips in the video they will try to do everything they could.

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                  • #10
                    Originally posted by sam View Post
                    i just remembered FA in my case gave full video interview and the video defence received was edited either by police or cps, they have deleted some clips in the video they will try to do everything they could.
                    Unfortunately, and to my mind unfairly, the CPS guidelines do allow this to happen.

                    Editing visually recorded interviews

                    The recording is likely to have more impact with the court if it is not unnecessarily lengthy. It is essential that prosecutors, in consultation with counsel, ensure that interviews are edited so that they are an acceptable length. Inadmissible and irrelevant evidence (including sensitive information that does not form part of the case) should be edited out.

                    http://www.cps.gov.uk/legal/p_to_r/r...deo_evidence_/
                    'What doesn't kill you makes you stronger'

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                    • #11
                      Makes me feel sick.

                      Sam, so have you been found Not guilty?
                      (I didn't receive this pm)

                      Just to confirm,the accuser is allowed to change her story.

                      The police takes a first statemement from the "victim",then they invite you for an interview.

                      After this mine had a video interview where she made a mistake and the police asked her:
                      "Are you trying to mislead us?"

                      She managed to make another mistake but who the police would trust?
                      Her, the poor little thing.

                      Actually, I had the same dilemna with the editing and they cut some of my audio interview
                      when I said to my "accuser" that I would help her.

                      In my opinion,during your interview by the police you must stay brief.
                      When you have to defend yourself,then you can add and surprise with evidence of course.
                      Last edited by Boys don't cry; 13 October 2012, 04:59 PM.
                      Non,je ne regrette rien.

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                      • #12
                        she was just allowed to add to her statement ,

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                        • #13
                          "Inadmissible and irrelevant
                          evidence (including sensitive
                          information that does not form part of the case) "
                          in my opinion this irrelevant evidence is where the FA said something which might help defence case and to cover it they delete the clips saying it was irrelevant. insane

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                          • #14
                            The police cut,the accuser paste.
                            Non,je ne regrette rien.

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                            • #15
                              if cps are going to use new statement or video interview, can defence barrister question FA why she change statement or what was the reason after 9 months she suddenly remembered some thing new if that could help jury see that the statement changed to backup her lies
                              or defence barrister is not allowed to ask questions about changing statements
                              Last edited by sam; 13 October 2012, 05:37 PM.

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