Accused Of Sexual Assault

[LegalHelpPlease]

Hi,

Since all this started I have been looking everywhere for answers which has led me here so I would like to thank anyone who tries to help me, it really is much appreciated.

So my ex-partner, for reasons unknown to me, has accused me of sexually assaulting her in her sleep on three occasions and initially had me arrested for rape. I would like to state now that I strongly deny these charges, I am completely innocent.

The first of which she used two videos her and I made basically having fun in the bedroom, these videos contain nothing but foreplay, but as such do not show much of her head which is why, I assume, she decided they would be good to back her story up. these videos were reviewed by the police and have since been disregarded as evidence, which I can only assume is due to the fact that although you may not see her head they agreed with me that the videos were completely consensual. regardless the charged me with one count of sexual touching without consent.

After I was arrested, interviewed and bailed I was in bad shape mentally so I decided to go out to Ibiza to visit my sister and try and clear my head, I loved this girl so much and I couldn't stand staying in our bed and having so much stuff around me to remind me of her, I missed her even though she had done this to me. upon returning she contacted me, she has suffered throughout our relationship with mental health issues one of which being bipolar disorder, she told me she didn't know what had happened and that she regretted what she had done. she wanted to make everything alright and she wanted me back, I know it is stupid but I genuinely loved her and by this point was missing her desperately, I wanted to believe this was true and I wanted to help her as to go to this sort of extreme she must have been having a very serious episode. She sent me her address in a text message and invited me around, I went, despite my bail conditions, and she appeared to have been telling the truth (as if she really wanted to screw me over she could have called the police to have me arrested and remanded into custody for breach of bail) she kissed me, told me she loved me and had a plan of how we could rectify this situation with both of us coming out without being prosecuted. things went well for about a month and a half after that, in fact our relationship was seemed to be better than it was before hand. Then one day she called the police again and said the same thing.

This time it was much worse, I had been in breach of my bail, and was kept in custody for 64 hours and charged me with and additional charge if sexual touching without consent and one of sexaul assault via penitration. in the interview the police officers confronted me with facebook messages appearing to be sent from me to her admitting my guilt. I had never seen those messages in my life but they were there clear as day. I couldn't understand how they had gotten there without my knowledge. those messages were screenshots from her facebook profile of private messages between me and her. but when I have looked at the identical conversation on my profile the incriminating messages have been removed. she has also done a video interview, statement, and had the whole works at the hospital, her bed sheets have been taken (which will have my semen on them as we had sex on the morning before this happened) she also stated that we hadn't had sex if 4 weeks but she must have forgotten that there was a video showing us having sex on my phone dated only a few days before my arrest. Now the prosecution have stated that there key evidence is the facebook messages, I mean can a court really prosecute with that as their main evidence? surely facebook messages are to easy to fake especially when in a situation like ours where i would leave my phone on charge, logged into my facebook in her room. she had access to my laptop which was logged in.

[boxtops]

He's got a solicitor, eddie - but if he's not very communicative, get another one!

[FredPuli43]

Your solicitor might not be giving you information simply because they have not got relevant information to give. You say you were interviewed. Was it taped and you offered a copy of the tape? Was a solicitor present or were you on your own?

The CPS will decide, not the police, whether there is enough evidence to charge AND to proceed to trial. If it goes for trial, you and your lawyer will have the statements to examine and object to. Any confession is admissible in evidence if fairly obtained, and that includes one on Facebook. Did you deny . in interview, that you sent it ? Or say nothing? If you denied, the CPS and police are on notice that its origin is questioned and may investigate further with good results for you. If the CPS seek to rely on it, your solicitor or counsel will see to it that they are made to prove its origin

[EDDIE51]

I agree with Fred, at this stage the 'other side' are digging themselves into a hole. The questioners solicitor is almost certainly just looking to see how deep into the sh!t they dig themselves. I agree that the questioner should have been reassured and told to 'hang on', in that respect the solicitor is at fault. But I would not change solicitors at this
LHP I know it is hard but so far the 'other side' have not a shred of viable evidence , you need to hang on , keep a careful note of everything your GF and her mates say and do, but most important KEEP YOUR HEAD and admit to NOTHING.

[LegalHelpPlease]

thenks for the advice fred, and yes my solicitor was present at the interview and a tape will be made available upon request. the date for the trial has already been set for march next year but at the time the trial date was set they hadn't had the reports back from the videos that my ex told them showed me assaulting her. they have now had the reports back and the videos are not going to be used as evidence. also eddie it depends upon which way you look at it as to if they have any evidence as she has made the allegation, provided a statement and video interview which can all be used as evidence but she has the DNA tests to back her up, the truth is that yes they will have found my DNA on her and probably her bed sheets and most likely her underwear too, but that is due to the fact that up until hours before these claims were made we were in a consensual sexual relationship and had sex that very morning, but i have to prove that to the court. but you have given me allot of good advice and ur right i need to keep my Sugar together but as u can probably imagine its very difficult under these circumstances as im am also autistic and suffer from bed anxiety. but again thanks for your advice its really helping just to get other peoples opinions on this as i think my anxiety is making me think the worst as it is a very serious situation

[sara3]

can an IT expert witness provide a statement to say how safe or unsafe the Facebook "evidence" is?

people get hacked all the time. my sister in law seemed to send out messages on FB pleading for money as she'd been kidnapped by Somali pirates. she was in Devon, camping.

[LegalHelpPlease]

thats a very good point sara, in fact i had though of it myself but the difficulty is finding the right person, the jury is just randomly pick people from the general public so id need someone who is able to understand the technical side of it but articulate it in a way that someone who may not have the kowledge will still be able to understand. the last thing i want is mambers of the jury getting confused and making a decision based on that. but yeh i think you are right either way i need a professional to step in here as you say it is very common for people to be hacked

[LegalHelpPlease]

I have just read something interesting on the cps website. it says that within 14 days of the prosecution serving their case, I can make and application for their case to be dismissed. given the fact that the videos have turned came out in my favor and all they seem to have is facebook messages, if in the application i were to give a strong enough argument compromising the integrity and reliability of the facebook messages as evidence, do you think, given all the information i have provided, that would have a chance of coming off? if there is anyone with legal experience reading this who knows anything about what i have just sed please let me know if i am on the right tracks here or if im just wasting my time? it seems plausible to me , but im no solicitor.

[sara3]

when I say "expert witness", this is something that your legal representative should be arranging for you.

[FredPuli43]

First of all, the CPS can review a case at any stage, right up to the courtroom door on the day of the trial, when they'll have a barrister there. I have known the CPS persuaded, by their barrister, that their case is not winnable ,even at that late stage, and so no evidence was offered (i.e.the defendant pleaded not guilty and their counsel said "I offer no evidence on behalf of the Crown" and a not guilty verdict was entered).


This fourteen day rule you found on the CPS site is because the hearing at the magistrates' court, from which you are sent to Crown Court, is a mere formality, often with papers served at the last minute. Formerly, this was less so and witnesses were called to give evidence, or their statements read, to show whether or not there was a case to answer, witnesses were questioned or points of law raised; you could call the defendant to give evidence. Those days went . Nearly every case was a 'paper committal for trial' and very rarely did anyone try to stop the case then and there. So this provision serves the old purpose; if you can disclose facts and arguments, having had time to consider, to show that the prosecution is ill-founded, the CPS may give up, and safe public money.

This provision itself not going to help you because, by the time you have expert evidence, the time will be up ! But that is only a convenient provision, it doesn't alter the basic rule as set out in my first paragraph. And anyway, apart from the alleged confession, the CPS have the woman. Unless she is obviously not to be believed , as much a judgment of officers who have seen her as of the CPS, the CPS will go on. There would be so much flak caused if the prosecution did not go on to charge and have tried cases when a woman complains; quite right too, because it makes no sense to treat a woman differently from a man or to require that her evidence be independently supported; and so they will.

But, as in all trials, the prosecution version is only one side of the story. I'd say that about half of contested trials result in acquittal, so juries do not demonstrate the utmost confidence in the prosecution case !

For now, leave it your solicitor and barrister, in due course, to find any expert evidence that may be required and prepare to attack, in any case, the other side's evidence by establishing consent or the reasonable possibility of it.

[Peter Pedant]

60% to two thirds Freddie

that is why one should always go for jury trial and hire people er like you.

Magistrates gullible w+nkers and believe what the Police say always even in these post-Plebgate days

[LegalHelpPlease]

thanks guys for all the advice its really helped :)