He Said She Said

[ErictheRed17]

My friend is going through a he said she said case. There is virtually no other evidence save for the accused family given statements. They state that they never saw the alleged incident. What is my friends chances? This could cost him his job and potentially the next 3 years of his life.

[Zacs-Master]

Welcome to AnswerBank Eric. There isn't enough detail for a meaningful answer in your question.

[NoMercy]

It greatly depends on the nature of the incident. If it was an alleged assault, are there any injuries to report? Any witnesses?

You have been very vague and a few more details would be useful. There are a few people on this site with specific knowledge of the law, although I'm not one of them.

Generally speaking though, if it is a case of someone's word against someone else's, it's down to who the judge / magistrate / jury believes.

[ErictheRed17]

Sorry for the vagueness of my question. There are no witnesses to the incident and no other injuries, trauma etc. This happened over 5 years ago I believe. She was 14/15 and he was 25/6 at the time and she alleges he tried it on with her. He says the other way round. Theres zero physical evidence but her family have tried to make out that he was over friendly with her and made out that he went down to her room alone with her. But he says he never did..always stated that from day 1. It seems like 4 people against 1.

[Zacs-Master]

http://criminal.findlaw.com/criminal-procedure/hearsay-evidence.html

[jackthehat]

How far have legal proceedings gone?

[goodgoalie]

That seems to be an American site, Zacs, and hearsay rules may well be different in the UK

[ErictheRed17]

Its going to crown court in a couple of weeks.

[jackthehat]

Your friend will have to trust that the truth of the matter shines through and that the jury believe his version of events rather than the girl's.

It will be a very worrying time for him so all you can really do is offer him your firm support and friendship.

[ErictheRed17]

Thankyou. Thats what we all thought too that it will come down to whether the jury believes him or her. He does suffer from mild dyspraxia and he stumbles over words a lot. He hasnt disclosed that as he wants no excuses. Would that likely hinder him if he trips over his words?

[jackthehat]

I think he ought to tell his counsel that.
Jurors will be watching his body-language and listening to what he says and how he says it.
If something he says seems at variance with 'how' he says it the Jury may see him as being deceitful.
He and his barrister will need all the tools at their disposal.

[ErictheRed17]

Thankyou for your responses

[Peter Pedant]

// Welcome to AnswerBank Eric. There isn't enough detail for a meaningful answer in your question.//

well the One Who Knows (Barmaid) hasgone on holz so we are left to scrape around and advise

yes there is enought detail - he will be charged according to standard criteria - is there a reasonable ( 50-50) chance of conviction and is it in the public interest

the case will turn on the credibility of the witnesses

The AG is very keen on he said-she said cases
I am not - and wrote to her about it and she replied - so what ?

so his chances are - round about 50 50
he knows if he did it or not and so can make a decision about whether to plead guilty or not - if he has dire consequences in store I would probably plead not guilty

( been peripheral to two sex cases where the jury just didnt believe the so called credible victim )

[ErictheRed17]

He has been adamant with his pleas of not guilty and will continue to do so. Just feels wrong that there is so little actual evidence that it can go so far.

[New Judge]

“Just feels wrong that there is so little actual evidence that it can go so far.”

Then he needs to understand (if he does not already) the principles of the criminal justice system in England and Wales. There needs to be only one witness to an offence. There need be no independent witnesses, no forensic evidence, no recordings, no photographs, no medical corroboration. If the CPS believes that the evidence of that one witness would be sufficient to secure a conviction before a properly directed jury or bench of magistrates they will authorise the prosecution. They obviously did believe that in your friend’s case, thus he is in court.

[Peter Pedant]

you certainly dont understand the way the criminal law system 'works' in England - having locked up innocent Irishmen for 15 y for offences they didnt commit
( confessions only - altho reliance on confessions is less enthusiastic than it once was )

The case I was supporting - there was acquittal in eight minutes after a five day trial - this is hardly time enough for a jury to get their asses into a chair - and when I wrote to the DPP ( not AG as above) the dear lady said "the system was meant to work like this". I think I got the blah-blah of 'it looked good on paper'

The DPP ( we are on first name terms - Ally I call her ) also ordered more cases to be prosecuted (yes I know this conflicts with the entry above) and I pointed out to her that in an ordered set - if you prosecute the most hopeful first hundred the success rate is higher than prosecuting the most hopeful first 200 - the number of convictions will rise but the rate will fall ( second 100 are less likely to be convicted)

none of them at the DPP's office ( all historians or economics graduates) could follow that argument - they just said 'we're doing it anyway and the rates will be higher! up and up they will go ! '

[New Judge]

Fascinating stuff, Peter. A bit late in the day for me to make the connection to the OP's friend's case I'm afraid.

[Peter Pedant]

this is another example of
its meant to work like this
http://www.returnofkings.com/80351/game-of-thrones-actress-souad-faress-falsely-accuses-man-of-rape-for-walking-past-her

The video showing the fella walking past her with his hands full
had been slowed to half speed -( geddit ? so he was around longer) and they had a separate hearing to get it at the right rate.

on day one.... the victim said: 'he's not the one, it was someone else' but the whole charade was played out over a week - yes they didnt stop it when the complainant said he is not the one who attacked me.

we reckoned it cost Mark Pearson around £50 000 to get acquitted

and yes they went thro the whole fol-de-rol of the CPS thought it had a good chance of success

ho hum that is life
support your fren' eric
and just be thankful it isnt you

[New Judge]

So your solution to these problems is what? To leave the question of a conviction to a body other than the courts?

[Peter Pedant]

// Fascinating stuff, Peter. A bit late in the day for me to make the connection to the OP's friend's case I'm afraid.//

that's OK !
that is because you are a lawyer who thinks it is meant to work like that

sex case - allegation of sex assault - no witnesses - he said he said (!! - oo I wonder if it is too late for you to work out what that means!) - five days in court - eight mins in the jury room
aaaand acquittal ( after two years I think)

erm four square with the case above
( oh and costs not recoverable of course - it is meant to work like that)

[New Judge]

I quite understand. And your alternative solution when such an allegation is made is??????

Courts are there to make decisions on matters such as this. People are acquitted by courts. People are convicted by courts. That's not the way it is "supposed" to work. That's the way it does work.