Witness criminal record

[Rights Fighter]

Is this the defendant you refer to or other witnesses? And is this the alleged incident or something else? You need to be clear, please

[vvnn8]

Thanks for reply RF.

Yes, defendant and alleged victim are both foreign. defendant outside Uk and alleged victim outside Europe.

[Rights Fighter]

And the drunk party is the one where the alleged incident is said to have occurred?

[vvnn8]

No. Defendant with friends and alleged victim with friends drunk in a club.
Girls invite boys to their hotel.
The alleged victim and the defendant goes inside room. You can see in details i ve posted a resume up.
Im very scared. My friends life is devastated he try to kill himself with 20 years old.

[vvnn8]

Any opinions here?
Thanks

[Casehardened]

Any opinions here?
Thanks

I understand that you are desperately seeking reassurance that the case will be dropped or go his way but the reality is that none of the members on the forum can do more than offer moral support (and in fact might do a disservice if we did as he might give up on producing a sound defence) only his lawyers who have seen the paperwork can do this.

It has to be assumed that his case will proceed to trial (as he has been charged and already made one appearance in CC) and therefore the opinions that will be relevant is those of the jury.

Your friend must remember that he is just as much a part of the legal team as the solicitor and barrister, use this time productively by analysing the witness statements, then from his own experiences (remember he is a material witness just as important as the complainant) bullet-pointing or highlighting all the discrepancies and inconsistencies for the barrister for his barrister to use in cross-examination of the complainant.

The members of the jury may well be influenced by both the complainant and defendant being foreign students (if it was me I would wonder what on earth it is to do with the UK justice system) but they don't have the power to dismiss the case, only come to a verdict, and this will be based on the evidence (i.e. witness statements regarding consent as there is no dispute that the sexual act occurred) presented in court.

[Rights Fighter]

Any opinions here?
Thanks

Please remember that that you are not the only person asks for support on here. If folks don't reply it probably means they don't know the answer.

Maybe if you support people on their threads too, you might find more support coming back

[vvnn8]

I understand that you are desperately seeking reassurance that the case will be dropped or go his way but the reality is that none of the members on the forum can do more than offer moral support (and in fact might do a disservice if we did as he might give up on producing a sound defence) only his lawyers who have seen the paperwork can do this.

It has to be assumed that his case will proceed to trial (as he has been charged and already made one appearance in CC) and therefore the opinions that will be relevant is those of the jury.

Your friend must remember that he is just as much a part of the legal team as the solicitor and barrister, use this time productively by analysing the witness statements, then from his own experiences (remember he is a material witness just as important as the complainant) bullet-pointing or highlighting all the discrepancies and inconsistencies for the barrister for his barrister to use in cross-examination of the complainant.

The members of the jury may well be influenced by both the complainant and defendant being foreign students (if it was me I would wonder what on earth it is to do with the UK justice system) but they don't have the power to dismiss the case, only come to a verdict, and this will be based on the evidence (i.e. witness statements regarding consent as there is no dispute that the sexual act occurred) presented in court.

Thank you Casehardened.

That´s true. This is a very difficult situation but we think we have a strong case.

Yes. We don't know why this going so far. Because I ve read here that they usually charge people after months of investigations and my friend was charged after only 6h of the interview without evidence of a non consensual sex. But,because he does not live here, he could go back home so the team A lol.. Chose to charge him... In the other side, the alleged victim take a fly and go home like nothing happen

I ll be posting more details to keep you informed..

Thanks!!

[vvnn8]

Please remember that that you are not the only person asks for support on here. If folks don't reply it probably means they don't know the answer.

Maybe if you support people on their threads too, you might find more support coming back

Hello Rf.
If you take a look For the time I've been here I have given support to different people.

It is to understand the behavior of someone suffering and desperate this is sometimes difficult, the minimum advice for us now is a world.

Btw, thank you!!

[Casehardened]

In the other side, the alleged victim take a fly and go home like nothing happen

Don't give your friend any false hope (remembering what I said in post #21) but if the complainant has gone back home to her own country my money is on her not coming back for the court case.

After all from your account it was a consensual encounter that 'went wrong' but presumably uncomfortably rather than harmfully (i.e. she wasn't in pain or required medical treatment) so, unless she is very angry with him, when the court papers arrive she may well think it is not worth the bother of returning.

If this happens, in theory the CPS could still continue with the case using her statement as their evidence, but in practise they will probably withdraw.

[vvnn8]

Don't give your friend any false hope (remembering what I said in post #21) but if the complainant has gone back home to her own country my money is on her not coming back for the court case.

After all from your account it was a consensual encounter that 'went wrong' but presumably uncomfortably rather than harmfully (i.e. she wasn't in pain or required medical treatment) so, unless she is very angry with him, when the court papers arrive she may well think it is not worth the bother of returning.

If this happens, in theory the CPS could still continue with the case using her statement as their evidence, but in practise they will probably withdraw.

HI CASEHARDENED

Of course she did not required medical treatment! It was simply a misunderstanding that was exaggerated by being in a public place (hotel) and in these cases people think the worst.

We hope so!! I take the opportunity to talk to you about:

As you said "when court papers arrive" When is she informed about the situation (going to trial) and the process that is taking place?
My friend was in prison and we believe she knows nothing of the process.

Thanks and appreciate the support!!

[vvnn8]

Hi there.

I have a question for those who know my situation.

The complainant ( outside UK) is making a totally "good life" travelling and going party after just 3 weeks of the "alleged rape".

We believe it is not aware of the situation to which it is subjected my friend and his family totally devastated.

We could make a complaint to her for false accusation? I read that in some cases this has served so she becomes aware of everything and sometimes withdraws the complaint.

Our legal teams said that this would prolong the situation but would not go against us

ADVICE?

Thank you very much

[TheDarkMan]

criminal record

Can a witness who have more than 10+ criminal record (drugs and weapons) give a valid testimony about and other case and be believed?

Must his/her criminal record be mentioned by the defense to reduce credibility in front of jury?

Thank you

Murders are sometimes committed in prisons. Can you not convict on the evidence of say a serial killer? Ask Peter Sutcliffe. Obviously some witnesses have more credibility than others. If a man has absolutely no interest in a case, say he witnesses a murder or an accident, his eyesight is probably more important than his character.

[vvnn8]

Murders are sometimes committed in prisons. Can you not convict on the evidence of say a serial killer? Ask Peter Sutcliffe. Obviously some witnesses have more credibility than others. If a man has absolutely no interest in a case, say he witnesses a murder or an accident, his eyesight is probably more important than his character.

Sometimes people lie for different reasons. Their character should be important but the system works maybe as you say..

The consequences can be devastating

[vvnn8]

Hello all.

What measures can be taken, a witness who take my friend, by car, to his hotel, is lying saying that my friend confessed to the alleged crime (rape) when not even happened and we believe he makes this not to be involved in the investigation because he had criminal records and lives in United Kingdom and my friend abroad.

Can we make a complaint against him?