attempted rape and false imprisonment

[mark1234]

It's hard to believe that it's nearly two years since your last post, though I guess it must have seemed much longer to you.

A previous member, 'LS' posted about life after conviction, like you he didn't find it a bed of roses. Did you have to sign the SOR?

Until a 'proper' job materialises (and it will!) consider volunteering; obviously you need to consider what is feasible and/or what is of interest to you but organisations like the NT or the RSPB are always looking for folks to manage their outdoor enviroments.

For instance I am a volunteer on my local heritage railway, I work on the PW department where everyone is aware of the allegation made against me, however it is in the past, never mentioned any more, and this heavy work tends to exclude females and minors from participating.

Hi,

Thanks for your kind reply. I have looked into some voulenteer work, even tweaking my CV to explain the gap (I said I was traveling for a year, which I actually did when I was 19, so I have that to fall back on if I'm asked)

I expressed an interest in volunteering at my local museum, but they require a DBS check, so it would most likely be a no. Yes unfortunately I'm on the SOR. I have about 8 years left to go I believe. It's so depressing having to give the police all my financial information, my passport number, my car registration number etc. Even murderers aren't treated as bad as this.

I have a friend who voulenteers at the RSPCA ( dog walker) so I'm going to enquire about some voulenteer work there.

I applied for a job a few weeks ago, a car collector / delivery driver. The company called me up for a telephone interview. It was going well, until they asked about unspent convictions. The actual question was do I have any unspent convictions, to which I replies yes ( I never specified the exact offence) but instantly I wasn't suitable for the position...

They didn't even ask what it was, a conviction of any kind = no job... And people wonder why the UK has such a high re offending rate!

I've seriously given up on this country.

[Mr B]

I am new here. So being blunt, when I have a new home (up N of Birmingham - but could be anywhere) & if your diary remains available, you can stay with me.

I need a home first. Wife & child have robbed me of that currently. So it will take time. You can get on your feet from there. I have benefitted from the help of strangers. I need to return that complement

PM me if you would like to take up the offer. No Ritz I guarantee, but as soon as I have a roof over my head, you can share it.

Please note: "This does not mean we are going to get engaged to anything" ;-)
No payment required. Just help with the dishes.
Expectation being April 2017 onwards.
Mr B

[Franticwithworry]

Thank you so very much for coming back here and telling your story, though I'm truly sorry that it turned out the way it did. Dropping such serious charges but still going for a conviction of sexual assault seems to further demonstrate that convictions not truth and justice are the objective.

Please consider Casehardened's advice. It sounds a much better alternative to jumping off a bridge. Life has changed immeasurably for you in the last 2 years and it may change again in the next 2. You have support here as well as that of your friends.

[Casehardened]

It's hard to believe that it's nearly two years since your last post, though I guess it must have seemed much longer to you.

A previous member, 'LS' posted about life after conviction, like you he didn't find it a bed of roses. Did you have to sign the SOR?

Until a 'proper' job materialises (and it will!) consider volunteering; obviously you need to consider what is feasible and/or what is of interest to you but organisations like the NT or the RSPB are always looking for folks to manage their outdoor enviroments.

For instance I am a volunteer on my local heritage railway, I work on the PW department where everyone is aware of the allegation made against me, however it is in the past, never mentioned any more, and this heavy work tends to exclude females and minors from participating.

[mark1234]

I'm back.

You can probably guess what happened since I didn't reply back. I ended up with an 18 month prison sentence. In the end I was found guilty of sexual assault instead of attempted rape. The false imprisonment charge was dropped entirely.

I was released a few months ago and life isn't exactly great for me. In the space of two years I've gone from full time employment to being full time unemployed. As soon as you mention a conviction for sexual assault on job application forms, trust me nobody is interested and it's next to impossible to gain employment. I doubt I'll ever work again.

The "victim" in the end got a large sum of money as compensation, perhaps that was her plan all along. Since coming out of prison I've had nothing but support from friends and ex work colleagues.

I was surprised to find my licence condition excluded a certain city. The "victim" has moved house, and she has also left her old job too..while she gets to move house and enjoy her money, I'm now sitting here as a sex offender. I was also named and shamed in the local paper, obviously they made me sound like a complete monster. Now I do wonder what my future will be like, I'm next too broke, have no job, and little chance of getting a job.

I'm give it until the end of the year before I dump off a bridge!

It's literally staggering how much ones life can change in 2 years you really need to treat everyday as if it's your last because you don't know what's around the corner.

[Rights Fighter]

PCMH will last about 1/2 hour. If you aren't first on the list you'll probably spend more time waiting around.

Hopefully the jury will see the drama queen for what she is. She will have got that "I must touch everything in sight and pull my hair out to provide evidence after I've been murdered" routine. It might be worth asking that nice Mr Google.

A good barrister should be able to prove that part of her "evidence" to be a load of tosh.

[mark1234]

I'm back, I've just been trying to get on with my life as normal, and I've kind of been putting this to the back of my mind. This Friday is my case management and ple hearing. My letter never actually specified a time to attend court, but I'm assuming its around 9am, although I'm going to make a phone call tomorrow to confirm this.

I gave my defence statement a few days ago and I was horrified to hear of some of the things she has been saying. She claimed during the drive back ( after the incident ) she was touching the door handle, car windows and pulling strands of her hair out, as she thought she was going to die! (eg I would presumably murder her) and the police would be able to find some DNA evidence in the car, which I'm totally devastated about. I can't believe she would say such a thing. That alone makes me look and sound such a bad person.

As I have stated before about her actions ( which the law doesn't take into consideration). She was a few weeks ago in Magaluf with her new boyfriend, so she isn't that traumatised, and I clearly haven't scarred her for life if she is now dating. She is still going out on Sunday nights with work and getting publicly drunk ( again people at work support me and inform me of this )...I honestly think this isn't the actions of a true victim.

I just have to get through this Friday , which I'm not expecting to be too bad from what I've read online. They I've got 6 months to go until the trial ( I seriously see it as 6 months left ).

If I become a registered sex offender, my life won't be worth living that much is true. Back to the waiting game I guess.

Regards

[myhome]

" I'm just sick of the waiting game. On the plus side I have my job back, in another location but I get the feeling if I'm officially charged, I'm pretty much fired".

To quote his earlier post.

Thank you - I stand corrected

[myhome]

I've no doubt you do know a lot about it from the prosecutions stand point, but maybe just now Mark has had enough of their opinion. I'll leave him to speak for himself -

Hi Tigermum - thanks for your input and support you have given members over the time you have been on here whilst also supporting your son through his own ordeal. However, it is important when members ask for advice and support on here, they get a balanced series of replies and this includes ones that can be potentially uncomfortable. We cannot pretend that everything is going to be ok and there is no other point of view other than that of the defence.

Members here want honest replies as to what could potentially happen in their case though of course it's impossible to give a definitive answers as all cases are different. RF has a wealth of knowledge from both "sides" of FA's and was giving Mark the legal interpretation of what the woman said as to how the prosecution would use it in court. If the legal standpoint is, "I can't," means, "No, I'm not giving consent," then Mark needs to know this.

(if he hasn't thrown himself off a bridge by now).

I'm not sure why you added this but it is a particularly unhelpful comment to make. So many of us on here have felt suicidal during their investigation (myself included) and we spend a lot of time and effort in persuading members this is NOT an option. So I would ask that you don't make references to this in your posts. Ta muchly.

[tiger mum]

" I'm just sick of the waiting game. On the plus side I have my job back, in another location but I get the feeling if I'm officially charged, I'm pretty much fired".

To quote his earlier post.

[myhome]

but regarding your work......
Just because the police have believed her story and progressed to level his horrible accusation at you, it DOESN'T mean you are guilty. If it proceeds all the way to trial and if you are found guilty then they would probably have grounds to dismiss, however until that happens as long as you are complying with bail restrictions and doing your job effectively nothing should change. The potential issue would be other employees not being happy working with you due to the accusation - but if there is no history/problems regarding your work conduct or similar accusations from others you ought to be able to continue working.

In Mark's original post he said he's been suspended from work because she and he work in the same place and part of his bail condition is that he is to have no contact with her. Therefore he can't "do his job effectively" because he is suspended.
If this charge is dropped or heaven forbid goes to trial and Mark is found NG, then his HR manager will have to decide how to continue from there.

[Rights Fighter]

I was responding to Mark's post.

If I came on here and pretended everything was going to be ok and rushed to comfort him, and he had no forewarning of what could happen later on, then he would not be in any position to defend himself. There are 'awkward questions' which he will be asked, by the police and later on in court/trial. If he is not forewarned about that he could easily trip himself up.

There are two persons' versions of events here. And the jury will hear both and then decide.

I was particularly interested in this, and this is to Mark

I should mention she sent me numerous dirty sexual texts before hand and the police have my phone at present and are using it as evidence.

Are these texts dated/timed after the alleged assault or before? If after, they can of course be very useful in your defence. The police should disclose them as part of their evidence or if they don't, the texts will or should go in the unused material (that is material that the CPS don't want to use in their case and some of which could undermine their case). Your defence can then make use of them to assist your case. If they are not disclosed as part of the prosecution case and they do not appear in the unused material, you will have to instruct your sol/barrister to obtain those texts to clarify the dates and times they were sent.

[tiger mum]

I've no doubt you do know a lot about it from the prosecutions stand point, but maybe just now Mark has had enough of their opinion. I'll leave him to speak for himself - (if he hasn't thrown himself off a bridge by now).

[Rights Fighter]

I am looking at it from the view of the police and CPS.

If she said she 'can't' (for whatever reason) then that is a 'no'. I have no idea whether he had oral sex with her after she said "I can't" as I wasn't there of course. If he did not and she is making it up then that is his defence.

I help to defend these cases so I know how the other side works.

[tiger mum]

Hi Rights Fighter - I read the post this way - the accuser commented "I can't have sex, (although I want to) because I have my period and a sexually transmitted disease but I intend to see you again on Saturday" I think Mark means that is "hardly" the comment of a unwilling sexual partner. They performed a sex act together, but after she makes the accusation he tried to force oral sex upon her.

I know the law interprets the situation as rape - but as we have often discussed on here, the same label is used for very violent acts against victims unknown to their attacker - I believe that may be the point Mark is making.... My lad could have been in the very same position and personally I feel Mark needs a bit of understanding and support.