Appealing against a RAPE conviction

[Mike Tandy]

Hi,
I wonder can someone give me advice. Once a person has been convicted of rape, how long will it be for them to set up an appeal against the conviction?

Also, once they get an appeal, how can they be guaranteed of a fair hearing the second time? For reasons being, that 70% of the jury where homophobics who wanted a GUILTY verdict regardless of the MAJOR lack of evidence!

I have just watched a rape trial from start to finish.....it nearly reduced to me tears to see such an evil wicked disturbed male teenager, accuse a much older gentleman of rape.

It was clear to see that the teenager was a closet gay in hiding and was ashamed of his sexuality. there is HUGE HUGE question marks over various members of the jury concerned with the case also.

I do hope someone can help me out with these questions. I?m in a position where I need to help out this convicted person, but haven?t a clue how to?

Regards

Mike Tandy

[Annon]

Hi Mike,
It is very difficult to actually get an appeal to start off with. I understand your frustrations that there is no evidence but it all comes down to consent. Did the person consent to sex or was they forced or pressured? Thing is that is very difficult to prove in court and it is down to the prosecution and your defence to prove otherwise. I take it that the defence couldn't prove otherwise which lead to conviction. You really need a solicitor who specializes in this area which are very hard to come by. There is an organization which is called FASO which will point you in the right direction of finding a specialist solicitor in your area. The number is 0870 241 6650.
Initially you would approach the solicitor explain the case and then he would decide to take it on or not. For an appeal 1st you have to lodge an appeal 28 days after conviction (they are lenient on this if the prisoner has no idea what to do)
2) A solicitor has to prepare a case of why you are appealing against conviction, ie: Is there new evidence? Was you badly represented? Did the judge make a mistake during trial? Was any previuos convictions brought up which shouldn't have been?
3) The transcripts from the court have to be applied for by the solicitor to prepare this which costs money, we have just paid ?1,700 for 4 days worth so it all goes on how long the trial lasted.
4) Once that is prepared it goes to a single judge which can take anything up to 6 months plus and he then decides whether to allow appeal or reject appeal. If he allows appeal then it then takes a further possible 12 plus months to get to the appeal court where the case is reviewed by 3 Judges. They have at least 100 years experience between them. They then decide whether to up hold conviction, squash conviction, or order a re-trial. If they order a re-trial then it will go to court again but the judge and the jury will be unaware that it is a re-trial. If the conviction is upheld you can then go to the criminal case review commission who will review it again as to why your appeal was rejected or upheld in the first place.
I have to tell you you will pay for anything leading up to getting an appeal, but once appeal is accepted you will then get legal aid to cover this from then onwards. Unfortunately it is not something that can be dealt with in a few weeks it can take anything up to 2 years to get an appeal. If you are successful then you can claim compensation, but this doesn't make up for all those years lost in prison, losing family, jobs etc.
Did the person convicted plead not guilty? How long was he sentenced to? I have to forewarn you that if you do decide to appeal that the person convicted will NOT be allowed to do any rehabilitation courses as it will be basically admitting guilt. This would affect his right to appeal. He will have probation officers offering these courses to get him out faster he must avoid these at all costs. I hope the info I have given you is of some use and wish you all the best as I know how hard it is to be fighting for the freedom of someone falsely convicted of rape. My thoughts are with you, if you need any more info please feel free to ask.

Take Care

[Angel]

Hi,

I?ve read you e-mail and I found this to be quite interesting. I on the other hand have been raped recently and all is going to trial in a few months time - but I don?t have much faith in the justice system. I was continuously beaten by my ex-partner and eventually he raped me. He is now telling his solicitor that it was consented and that I instigated it. How can I prove my innocence? What kind of questions would I be expecting in court? I have witnesses that he used to beat me and was very possessive over me. Where do I go from here? I haven?t been appointed a barrister yet! Can I discuss the case with them, give them more information?

[Snoopyseed]

Hmmmmmmmm and you know that these people are gay how exactly? Whether a person is gay or not is besides the point, rape is still rape, gay people can rape too you know? It isn?t about the persons sexuality, and the focus should not be on whether he is gay or not and so what if he is gay? Does this make you immune to being raped?
I think that it would be best to speak to your solicitor about appealing.
Snoopy

[Saffron]

Originally posted by Angel@25th July 2004 - 09:21 PM
Hi,

I?ve read you e-mail and I found this to be quite interesting. I on the other hand have been raped recently and all is going to trial in a few months time - but I don?t have much faith in the justice system. I was continuously beaten by my ex-partner and eventually he raped me. He is now telling his solicitor that it was consented and that I instigated it. How can I prove my innocence? What kind of questions would I be expecting in court? I have witnesses that he used to beat me and was very possessive over me. Where do I go from here? I haven?t been appointed a barrister yet! Can I discuss the case with them, give them more information?

Angel,

You do not have to prove your innocence! You are not on trial, your ex-partner is. You should have a victim support officer to look after you, and you should also be given a court liaison officer who will explain the process to you before and after you give evidence. Ask your police liaison officer if you have not been offered any of these.

Good luck.

[Guest]

Originally posted by Snoopyseed@25th July 2004 - 09:10 PM
Hmmmmmmmm and you know that these people are gay how exactly? Whether a person is gay or not is besides the point, rape is still rape, gay people can rape too you know? It isn?t about the persons sexuality, and the focus should not be on whether he is gay or not and so what if he is gay? Does this make you immune to being raped?
I think that it would be best to speak to your solicitor about appealing.
Snoopy

Quoted post

Snoopy you need to read the post, and use a dictionary if you see a word you don't understand. Homophobic does not mean the person is gay, it means they are prejudice towards gay people. Therefore, the jury wanted to convict the man accused of the gay rape allegedly purely on the basis that he was gay.

[Guest]

I think the part of the post Snoopy was responding to was actually the part that said,

"I have just watched a rape trial from start to finish.....it nearly reduced to me tears to see such an evil wicked disturbed male teenager, accuse a much older gentleman of rape.

"It was clear to see that the teenager was a closet gay in hiding and was ashamed of his sexuality."