Stuart Morris reflects on how legislation has changed over the years for those accused of rape
On the 9th of June 2010, during PMs Questions, Prime Minister David Cameron admitted that between 8-10% of all rape allegations are false. These are ones proved to be false, but how many more slip through the net placing innocent men in prison for crimes they did not commit? Men who, by maintaining their innocence, suffer a harsher regime for doing so as they cannot address an offending behaviour that does not exist.
Justice in this area of criminal activity has, over the past 25 years, been manipulated to convict more easily than in any other area of crime. The rights of the defendant have diminished, and the ‘justice at any price’ mentality has ensured that more innocents have been locked up than ever before. The problems with our legal system start with the first steps you take into the courtroom. You are escorted into a glass cage, then locked in with a security guard for company. And this is how the jury first sees you, looking guilty. You are positioned behind the prosecution to make it difficult for you to contact your legal team, and the judge gives you dirty looks every time you try to attract their attention. The jury study you in order to gauge your reactions to witness testimony but are not allowed to gauge witness reaction to your testimony.
But these things are nothing compared to the way legislation has been distorted in cases of a sexual nature. In the Criminal Justice and Public Order Act 1994, it was decreed that the evidence of an adult victim was sufficient to convict. Corroboration of this evidence was no longer necessary, so judges could no longer warn the jury of the dangers of convicting a defendant on a single victim’s testimony alone. The Criminal Justice Act 1988 had previously decreed similar in respect of minors.
This means that one of the main building blocks of justice ‘beyond all reasonable doubt’, goes out the window as juries have to accept these ‘victim’ testimonies as fact. The burden of proof therefore shifts to the defence to prove their client innocent, instead of the prosecution having to prove guilt as happens in any other type of crime. Even the defendant’s state of mind (the ‘mens rea’) when the alleged crime was committed is assumed, as there is no real evidence to prove its existence. But the alleged victim’s state of mind is never challenged, even though she may well have False Memory Syndrome (a mixing of implanted traumatic memories with easily remembered real memories to create one plausible memory that is, in fact, false), a recognised psychological condition.
Then, in 1999, the Youth Justice and Criminal Evidence Act took away a defendant’s right to directly question an alleged victim in court, it now has to be conducted by a barrister even though the European Convention on Human Rights states, in Article 6, Subsection 3c, that one of your basic rights is the right to defend yourself in person if you so wish. It also restricted use of past sexual behaviour as evidence. This comes after a previous law had already allowed prosecutors to manipulate what evidence they released, forcing defence teams to ‘prove’ that other evidence existed.
Now to the question of time. There is no statute of limitations in the UK for serious crime, so an alleged incident can be reported no matter how long ago it was supposed to have happened. 10, 20, or even 30 years ago is not uncommon, and to bring these cases to court is surely an abuse of process as the time elapsed creates an impossible scenario to defend. All of this means that it is all down to which side has the best barrister, and nothing at all to do with the evidence before the court, because there isn’t any. Besides the accuser’s testimony and the defendant’s rebuttal. So the jury follow the rules and find the defendant guilty, and the only recourse is to lodge an appeal.
In order to lodge a successful appeal, fresh evidence is required, but where do you find fresh evidence in a case where there was little evidence to begin with? Therefore some innocent men rot in prison whilst the criminals who put them there are rewarded by way of compensation. And we are not talking peanuts here, anything up to £50,000. Now that is a motive for making a false allegation, if ever I heard one. And all historic cases seem to have ‘victims’ that have suffered multiple abuse over a long period of time, thus guaranteeing them payment at the top end of the scale. Could it be that some of these ‘victims’ have been reading up on a certain pair of unqualified feminists who give the advice that can end up creating false memories?
The laws that govern sexual cases need to be changed, and many in the system hope that this government will be the one to change them. We should follow the example of some other countries who, after stopping compensation in sex cases, saw a drop of some 50% of such cases.
Stuart Morris is currently resident at HMP Long Lartin
Comments about this article
4/9/2010 AI know someone in a situation like this!!! He has been falsely accused and now convicted. I would appreaciate any advice PLEASE...
8/9/2010 Nickyi agree whole-heartedly with everything this article says. My husband was wrongly convicted of rape in 2008 and our world has been torn apart. Every step we turn we feel we are banging our heads against a brick wall. All the advice tells us we need new evidence - how can that be when no evidence was required at trial. A - lobby your MP, awareness of this issue must be raised with the powers that be. Keep strong.
8/9/2010 Mary Harperi ALSO KNOW SOMEONE IN THE SAME SITUATION - IT'S INSANE! WHO HAS ANY RIGHT TO TAKE AWAY SOMEONE'S FREEDOM WITHOUT ANY CONCRETE EVIDENCE?
8/9/2010 barry -i agree and i think the people who put innocent men or women down should do the time what the innocent man or women is doing. there are people doing time for nothing and the other people are living there lives happy with a nice cheque and the other familys lives have been ruined. something has to be done.
9/9/2010 MAYHOW CAN WE GET NEW EVIDENCE WEN THER WOS NOT NONE AT THE TRAIL AND YES MY WORLD HAS BEEN TORN APART
14/9/2010 JacquiIm going through this now, not only my world but my little boys world been torn apart by my daughter from my first marriage because she is angry with me and has done this to punish me, she lied through her teeth in a court of law , im so angry and dont know where to turn for help but i wont give up fighting for Justice to be done. I think in such cases there should be NO COMPENSATION and LIE DETECTOR tests should be able to be used as evidence.
14/9/2010 Jacqui -Any advice on how to fight back an clear an innocent mans name would be very much appreciated right now.
14/9/2010 anonMy family is currently going through a case of this now and it has ripped our world apart. One Female made accusations against a family member of mine, she was told that it wasn't enough and a few months later her brother and sister joined in after she had a chat with them. The trial was a farce, their witnesses were drunk on the stand, the amount of contradictions between what they all said was unbelievable we were able to prove vital dates they had given as wrong. They also had no evidence only what they verbally said. How ever, we had to prove the where our family member was 30 years ago, with an official document such as a wage slip etc, how are we meant to get them? there was many people willing to go to court to declare they had worked long shifts with this person 7 days a week. But that was not allowed as it is just hear say. The entire prosecution case was hear say. It makes me so angry at how easy false allegations are to make and how easy it is to get a conviction, evidence plays no part, these convictions are simply based on negative, narrow minded people who automatically hear the accusation and assume guilt. Once people hear the nature of the case their minds shut down and they hear what they want to hear.
14/9/2010 CDMine, my family and especially my brother and his family have been left devasted by his conviction for sexual assault. He was accused by his eldest daughter! He has always been a great father and husband. There was no evidence, just the performance of 'my niece' in court that was beleived by the jury. I agreed with Nicky - how can you obtain evidence? its impossible. I am also with Jacqui in asking why Lie Detetors are not used. I am sure they are more reliable that someone who is so screwed up she wouldn't know the truth if it was staring her in the face. My brother is a broken man, but she won't beat him, we will make sure of that. We are all sticking very close to him.
15/9/2010 British Justice System is a JOKEMy father went through all of this, the Justice System for such cases is a complete Joke.
15/9/2010 gazthis happens far to much of late and how many people has this happened to already who have served their time because they couldnt get any new evidence. the gov needs to get their acts together and look at the bigger picture. if your in prison classed as guilty that dont mean a thing all this innocent to proven otherwise is a load of crap. your guilty the minute the police bang your door down and dont matter what you do your going to prison = if you dont have evidence to find someone guilty then it shouldnt even go to court in the first place. and these girls who makes allegations against us men need a shot gun to their head they will tell ya the truth then - vile little creatures who are spoilt and cant get their own way so decide to play a game problem is they always win cos they are the victim - what about the men who didnt do anything wrong
15/9/2010 Debra Gibbs -So very true, my dear Brother has been falsly accused of a sexual assult that supposed to of happened 20 years ago!!!! He has bow been in prison for a year for a crime he did not do:( how can these things happen in this day and age is beyond me. My brothers life has changed beyond anyones imagination, and to think he will be labelled once he is released in criminal.
16/9/2010 AnnonI accept there are instances where false allegations are made. Also no body want's to believe someone they know, could commit such a crime. However statistics show only 5% of court cases for this type of offence leads to a conviction. That does not mean the other 95% are innocent. It in facts means a large number of that 95% are getting away with rape. I know someone who was attacked and have had their live contaminated by a predatory rapist, who maintained his innonce in the hope of getting off. Thankfully the jury saw through his pathetic deluded attempts to lie and found him guilty he is now serving a nine year sentence. Not enough considering his victim and those who love her are now serving a life sentence. His legal team were only interested in bringing the matter to court because they earned more money taking the matter to trial rather than advicing him (IT) to plead guilty. The victim got no satisfaction taking the matter to court she just had to re-live the attack and humilation in front of a room full of strangers. Her only wish was to prevent it happening to anyone else. During the period leading up to the trial the rapist was given bail and the freedom and protection to carry on as if his live was normal whilst the victim had to be escorted 24 hours a day.
16/9/2010 ME -:( i thought i could have faith in the legal system
16/9/2010 marie -i am also going thru this now. My sister lied about my stepdad and made up stuff. Now myself and my children get verbal abuse on the way to school cos it was printed in the local paper too. While my evil sister is given police protection we have to struggle thru each day. We'll keep fighting to prove his innocence and this article has been a great help. Feel free to email me if u want support from someone suffering similar to yourself. Together we will all fight to free our innocent family members
16/9/2010 junehow can we get the innocent out ther live is upsidedown and ther family's are are two they say it happn 10 20 30 or more years a go wer is the evedence how can they get it as ther is none
17/9/2010 SheDragon -I am also a victim of this type of 'crime', i.e. where a child lies about what has happened in her past. What is even more criminal from my point of view, apart from the fact that my husband of more than 20 years has been stolen from me based upon my oldest daughter's lies, is the fact that she had the temerity to accuse ME of ALLOWING my husband to do this! Which led to a guilty verdict against me also. I am unable to decide whether I am fortunate or unfortunate in that I got a 6 months suspended sentence. But the local paper delighted in printing a very spiteful article about the case, which has led to me AND my family being abused by people who do not know the truth! And I am fairly certain that the police officer involved in the case somehow contacted one or more of the jurors to ensure a guilty verdict against my husband & myself. The reason for this belief? Let's just say there were far too many suspicious occurences for this to NOT be the case.
17/9/2010 dianaJust like many many others our family was shattered by the allegations made against my brother. His partners daughter was trying to get back at her mother for sending her away to live with her birth father because she had become very unruly.
17/9/2010 Mags -British Justice System is a JOKE I really need talk to you Please I am in same situation. I`m beding for help.
17/9/2010 SheDragon -Diana & Mags
17/9/2010 Marie Staplehurst -I have now set up a facebook group called 'guilty until proven innocent - false allegations of abuse'
19/9/2010 British Justice System is a JOKEI would highly recommend FASO this is their number; 0870 241 66 50 - they followed my fathers case, and when my father won his retrial they even wrote into our local newspaper showing support to him. They can really offer you great advice on the legal side of things that you may not fully understand, they also send out infomation pack, but they are funded by people like us, so be sure to send them a small donation to say thank you for the help they do give you.
20/9/2010 FrancisOur family as resently suffered at he hands of someone making false allegatons against my husband who is now in prison. I couldn't believe the way we were treated from the moment the police walked through our door and arrested him he was gulity. I think after this experience it is fair to say that anyone can be convicted without any really evidence. All they have to do is make up a story ensure there are no specifics, or say they can't remember and make sure they do an oscar performance on their day in court. However, from our side dates days times all needed to be confirmed. It lucky that my husbands family are in full support of him and myself and obviously they know the person who made these allegations is completely and utterly demented.
20/9/2010 anonI would like to suggest a group to help any one who is unfortunate to have someone they love in prison, its called ffops, friends and family of prisoners. They have been with us from the moment my father was convicted and have been fantastic. They work inside various prisons, Im not sure how wide spread they are. They will speak with your loved one to just see if they are ok. They also are there at the end of the phone, on many occasions have I been on the line for long periods pouring my heart out and not once did I feel they wanted to get rid of me. They listened to everything I said and never once judged. They gave me advice and numbers of various groups and done all they could to help even attending court for the sentencing of my loved one, so they could explain any legal jargon that was used, and no with the sentence my loved one being recieved being deemed as lenient, ffops will continue to support us through the appeal (if granted) and our appeal to quash the conviction. Keep strong and don't give up, read all the statements over and over pulling out the contradictions, mistakes they made in dates and age etc. They will be there !!!! to be a good liar you need to remember what you have said, they never do !!!!!
26/9/2010 lynda -26/09/10
26/9/2010 JI was a victim of this kind of 'crime' too. I was
27/9/2010 luisa -my stepdad has been wrongly imprisoned for this too, he was a stepdad to 3 girls for over 10 years. I knew the family all this time too. The girls were extremely happy and not at what u would expect of abused girls. My mum got with him after he left his girlfriend but they didnt tell them straight away cos they were worried about the omceback as their mum considered my mum her best friend(although they weren't) This happened in the May the eldest asked him to give her away when she got married in July (not something a girl who was abused would do) but he decided not to, they found out who he was with in August and one of them told his son that she would get him back for hurting them, We even knew what they were going to do so went to the police just after christmas to see if anything had been said but the police just poopooed us. then in January the police came and arrested him at 5 o clock one morning, the girls had hatched a plan claiming he wrote letters telling them when to be there but conviently none were available for evidence, the defence he had was shocking and failed to use any of us as witnesses even though we had all known the 3 girls for well over 10 yrs, one of the girls had offered to give my brothers made a blow job when she was about 14, she had got my dad to take topless photos of her. once again not the behaviour of an abused girl. They refused to use any evidence we had, my sister had a dictaphone recording of one of them telling her that they were going to lie and say he done these things to get him back for hurting their mum! but of course we couldn't use that cos it was gained without their knowledge. We haven't got anywhere, they claimed he did things to them on dates when it would have been impossible as he had been in prison previously for fraud which he admitted to, they also allowed the prosecution to use those previous guilty verdicts and what they were for yet failed to notice the dates were contradictory! the appeal court granted appeal and knock off 6 counts yet said he couldn't have a retrial. It was a complete farcical and there is loads more that i could add to this, lets just say it destroyed everyone's lives except theirs.
30/9/2010 Helga - - www.pacso.co.ukI would like to point out that males make false allegations of abuse - this is not just the province of females. Plus many cases have nothing to do with femi-nazis either.
30/9/2010 brueyh1976A member of my family has been falsly imprisoned because two people took the stand and lied under oath. What makes it worse is they were believed and my relative convicted and sentenced for something that he didn't even do. What happened to justice? What happened to innocent til proven guilty?
1/10/2010 pat - - dontaveonei have been saying for a few years now they should stop paying all this daft money out young girld do use it as a money ticket some women with step families use it to get rid of partners even i no of this being done and with internet now young girls can even groom vunrable men who ave either lost there partners througha bitter divorce or there partners gone off with a younger modle leaving a man feelin ugly and broken young girld go lookin in chat rooms for men with cars and jobs some start off by saying there older than wat they are i no people thats in prison for this to i say instead of paying money out do something for the real raped victams like a rehab or some were they can build there life back up cus throwing money at a real rape victem she will prob drink her self to death or end up on drugs money wont change wat happend to the ones that are telling the truth we all saying this but how do we change it
1/10/2010 carol -yes I agree too that this is happening far to often, they are some that are guilty but its ones that aren't that I feel for there whole life is stuff through these girls playing games whats being done to stop them from moving on to the next vunerable person yes i do we change this how do these girls that do this live with themselfs and sleep at night they don't know how they are ruining families lifes
5/10/2010 TinaMy two daughters decided to accuse my partner of 10 years of Sexual assault after their biological father moved nearby. They both had a lovely stable life, then they started playing me and my partner off against their own father who had been absent throughout their childhood. My two daughters thought the grass was greener and had lots of contact with their father and his mother, suddenly; many accusations started flying about concerning my partner. The statements were so conflicting, they were a joke. One of my daughters even made a list and took it to her police interview. I was arrested along with my partner at first, due to the fact that my daughters made police statements stating that I knew all about the abuse and did nothing, but in the same statement, they told the police they did not mention this abuse to me as they were “Scared”. The police dropped the charges against me, probably because my daughters told so many lies, the statements would not have held up in court, yet my partner has been in prison for 10 months. His useless barrister told him to plead guilty for a lesser sentence. She did not want to help at all. The whole thing is a joke. Now I will never judge anyone. There are two sides to every story, yet when it comes to these sort of accusations, there only appears to be one side.
22/10/2010 Jacqui -I wont ever stop fighting for Justice for my husband ,blatant lies were told in court by the complainers, witnesses,which could be proven, if investigated,to be untrue thus making peoples statements not to be trusted, people with ulterior motives. Police arent interested in the truth at all, just in wether they can get a conviction and a feather in their caps. How often do you hear of these people who give false evidence getting prosecuted for Perjury ? Police need to change aswell and be thorough when investigating these so called crimes, instead of just taking statements and picking and choosing what they disclose. Everything should be disclosed at trials not just bits that the cps and police disclose. It is a joke ,all I was waiting for was the judge to pull punch and judy from under the table and put on a show, during the trial we had a history lesson or two, about the notorious people who had stood in that dock behind the glass screen and why it was bullet proof, bringing even more attention to the accused. ITS ONE BIG JOKE ,but not a funny one to be on the receiving end of.
26/10/2010 John Hardesty - - justice for scott rothBecause of a totally biased judge I have a friend who has been found guilty of crimes he never committed . Even though the evidence showed his innocence the judge incited the jury ! Where do we go now to fight for his release ?
28/10/2010 MTR -Our world has collapsed, my borther was convicted for something he has never done. I have lived with him all my life and had known who came and went to from our house. Our cousin got her brother and her niece to join with her in claiming my brother raped them over 35 years ago, just to get even over family feued. They claimed my mother and father had known and seen it all but they have been dead for over 20 years, how can they come back to defend us. She and her neice claimed thier husbands had know about it since they got married over 15-20 years ago but they nor any other member of their family did anything. We had documented evidence that my mother had passed away when they claim she was alive when one of the rape took place, but jury ignored all our evidence and found him guilty on all account. WHERE IS JUSTICE. I thought this counry had one of the best legal system, how wrong was I, only found it out at our own cost.
6/11/2010 JulieIn a strange way, reading all of your comments has given me a little comfort....i've just found this page and read the comments, up until now i've felt like i'm the only one going through the hell that is linked to false allegations by nasty nasty females. My husband was jailed last week for something has not done, allegations made against him ultimately beacause his ex wife is eaten up with jealousy who worked closely with her daughter to 'get him back'. I can totally relate to Oscar winning court performances and even more to biased judges. The imprisonment was as a result of a re-trial - the first trial resulted in a 'hung jury' not suprising as the prosection were all over the place, contradicting each other, their own statements, even the police... etc etc etc! You won't be suprised to hear that their performance during the second trial was extremely polished, well, they knew what was coming didn't they?.....My husbands evidence did not, and could not falter....he only had one story to tell....the truth. Of course the allegations were just words.....no actual evidence, suprise suprise eh! but, as the prosecuting barrister said
7/11/2010 JBased on my experience, this cuntry has the worst legal system! Justice Secretary planned a radical
9/11/2010 sam -hi Guys, so good to know that im not the only one. My father whi is well educated and had a good job employed a female who came from abroad. She had an affair with him to secure her job as she would gain an extension on her visa. She lost her job due to her performance and then decided to claim she had been sexually assaulted. The barrister who did the trial said it would be an acquittal because of all the inconsistencies and he never called many witnesses he couldnt be bothered really. My dad got biased summing up by the judge and got convicted for 4 years.It was as if at each stage from arrest to charge to trial it was bizarre .The police did not make the enquireies we told them to before charge and this is because he was a well connected man who was popular and successful and they wanted to bring him down and they did. Our family is the real victim.She is still here even though her visa expired in March this year and will have applied to the criminal injuries compensation board for a big fat cheque. Our family and in particular my mother is ruined our lives and our childrens lives ruined. Im asolicitor and i could nt help him.What hope is there in this justice system and jury based on stereotypes. NONE. Could the justice person who posted the above tell me on what grounds u won the appeal and who were the judges.
24/11/2010 robthis is a frightening but a true everyday event yes in the eyes of the law in the case of sexual offences you have to prove your innocence.
9/1/2011 Andrew Green - - www.innocent.org.ukThe cases coming to INNOCENT these days concern almost almost entirely joint enterprise murders and sexual abuse allegations. Both areas of law are currently highly problematic. The protections given to vulnerable complainants are open to abuse by false complainants, and the criminal justice system seems to be doing nothing to prevent this happening. These are the most difficult cases, and my heart sinks every time the family of another person claimed to have been convicted of sexual abuse turns up at one of our meetings. If there appear to be ways in which the case might be progressed, we can refer them to one of the very few lawyers who are competent and experienced in dealing with these cases.
15/2/2011 johnto andrew green
17/2/2011 vrob could you give me more info regarding sending to police to go in cps reports as this could be of great help thank you
18/2/2011 robto V
12/3/2011 jon -My Step-father is nearly 80 and is due to be sentence on 25 of this month for sex offences against my own daughter who is now in her early 20's. These so called ofences were supposed to have happen over 15 years ago and he was found guilty on all 4 charges with not a single piece of evidence. I am the girls father and have turned my back upon her due to her being like her mother a money grabbing slut.
6/6/2011 craigId like to start by saying i found this artical while going through the exact same situation. My year long ordeal trial and case closed on thursday with 2 not guilty verdics. i would now like to maybe help or put some-other people wrongly accused as i was, at ease or maybe give sum advice.
23/9/2011 lisa -was good to read other people's comments and see that my partner is totally not the only one of being accused for child abuse, we are all sticking by him, and have never believed a word of what has been said againest him, one being his half brother 13 years ago, think people just go out to hurt someone that they are jelous of, and it seems to be more and more people are getting wrongly accused, i really feel for anyone out there and the familys that are going through the same as i am, hope now that when it goes to crown they will see the lies that have been told.
6/10/2011 anonHi Craig glad to see you got justice, we are going through hell my husband has been accussed by my niece of sexual assult 20 years ago. we are totally devastated this is a girl who was our favourite niece ,we did lots for her over the years she was constantly at our house her dad hated the fact that it was always us this us that..Her dad sadly has died so when she got married 2 years ago my hubby was asked to give her away,we were god parents 3 months ago for her youngest..we had lots of other nephews and nieces and her four children stay at our house nothing happened to any of these when the accusser has been asked why she didnt tell anyone incase it was happening to the others she just says she is 100% it wasnt happening to others how can you be unless it never happened.Would a polygragh help although my hubby is totally sickened and devastated by the allegations and I am worried that the questions would generate such a bodily reponse that he may fail. although i know for sure he didnt do it we have the support of family and friends but that wont help if he is convicted
26/10/2011 anonThe conviction rate is probably high because actual rate of successfully getting a case to court is the lowest in Europe. It is incredibly difficult to get a rape case to court and one that requires the victim to relive every moment and bare any possible scar (emotional or physical) in order to be believed. In this case it is very much the victim has to prove he/she is telling the truth even before it gets to court. If the perp has been careful enough to cover their tracks then there is no hope of getting a prosecution (as the guy a couple of thread above advises). Speaking from experience of this system and experience of suffering for 12 years at the hands of man who still maintains his innocence to his current wife and family (who's wife blindly supporting him through his ordeal) and my sister who is still so scared of this monster that she lied for him. People who rape and abuse others don't not wear badges so you can tell what they are, they spend there life perfecting the art of making people believe they could not be capable of such things. My step father has spent most of his adult life perfecting his persona, weaving his webs, he told me no-one would believe me and that everyone would think it was me which stopped me from telling anyone for a very long time. Finally i was able to speak up, alone and with no evidence or family support; he just sits tights and denies everything haven't had great advice from his lawyer that the burden of proof is on me and the CPS wont even give me the chance to try to prove it in court. That's enough proof that he was falsely accused in his families eyes, poor guy, his life was devastated by this. So, 8 to 10 % of allegations are false, leaving 90% that are not. of that 90 % not even 30% get to court. Then of course you have all the cases that have not been reported. Its awful that there are so many people here with someone in their family being falsely accused but i cant help feeling looking at this thread that somehow the stats don't add up... And yes, i agree about the polygragh test, everyone accused and accusing should take one i think it does take into account stress levels as it would be a stressful thing to take one.
4/11/2011 craigto anon - 6/10/11 your case sounds very similar in historical terms as mine. you will probably be going through all the things i went through now - social services saying your husband is not allowed around your children, your legal team saying your looking at 6-10 years if found guilty. however do not distress - in ALL historical cases you still have to PROVE this happened - through something called co=oberating eveidence - dna, whitness etc etc...it just cant happen so it will amount to one word against another...and NO jury in the lad will convict anyone on here say...you cant build a house out of straw and unless the jury are 100% certain this happened you will be aquitted - have faith in the justice system - believe it or not it does work! as for polygraph test - these are not really admissable and i would always advise against it - remmber these tests are only 94% correct - lets just say your husband takes one and is in the 6% not only would this ruin his faith but also his family in him! leave it to the courts - no HARD eveidence NO CONVICTION! ps sorry to all the 'actual' victims reading this but this is a thread for non-gulity wrongly accussed people.
2/1/2012 jess hughes -im rather shocked by how stupidly ignorant you people are, so it was a friend, family member or loved one accused, so they denied it? you love them so they must be innocent? no. the only people who will ever know the truth is the accused and accuser. how horrid was it for the person to be accused? not as horrid for the person who had to sit and tell a whole load of strangers some very personal shameful things that you thought would never ever pass your lips. just think of that befor you call a person a vile horrid creature.
18/1/2012 freaked out sonmy dad has been accused of raping my aunt (my mother's sister) 30 years ago... he has admitted to consensual sex with her (he was 35, she was 18) but denies it was rape. Five years later he got into bed with my mother's other sister and kissed her... this second sister has been named as a witness and also has a history of litigation (successfully suing a co-worker for sexual harassment is the only detail I've been given(.
29/1/2012 Zoefreaked out son, Firstly, get yourself a GOOD solicitor and a GOOD barrister. If they are good at their job they will talk your father through what he needs to do for the best outcome.
3/3/2012 walcant believe all these comments i understand all about innocent people going to prison but what about the innocent little boys and girls of these horrific sexual crimes who have to endure no help no one to talk to because its not allowed until after the court case sitting in front of strangers without their mummy or daddy to hold them giving video evidence then on the day of the trial the case maybe discontinued because the person that the child told known as first disclosure had made an allegation of a sexual nature herself many years previous and the defendants solicitors would use that as a weapon against the child pretty sick who is there to help these poor little victims hey someone please tell me????????????????
12/4/2012 Lee - - fMy brother has been falsely accused and it is tearing my family apart - This injustice in law has to stop and now.
14/4/2012 pinky -OMG, I am so sick of women who use the law to set up men and women on their hatred campaigns againts someone.
20/4/2012 O3214most cases do not make it to court and of those that do, very little actually get convicted. Although yes, I understand that there should be laws in place so innocent people are not sent to prison for a crime they have not committed; very few women would actually make an allegation like this lightly, who would want to go through the public humiliation,forensic examination, the abuse from people who inevitably will not believe her and the often humiliating cross examination from the defence just for money- as you seem to be implying?
26/4/2012 Angelica -Craig, desperate for help, can I reach you for those case notes please you offered? Trying to help my poor brother fight a case against him. His ex wife and niece have made up lies against him for all the assists and compensation money.
13/6/2012 anon888222 -im in the middle of fighting for my son and my ex girlfriend is doing what her mother has done over 5 times to keep her kids and to stop the farther even having anything to do with the kids she is useing violance drug abuse alchole abuse and sexual abuse and i can prove the drug and alchole is a lie but its violence and sexual abuse i can not prove to be a lie i have no idea how to prove that it did not happen and it hurts as i can only see my son 1 hour 30 mins 2 times a week i have missed close to 6 months of his life and i dont know what to do it is getting me down i know her family are into benifit frude i told the benifit office and they dont look into that. my solicitor and cafcass wont do a drug test or alchole test on me or my family yet i have to prove it all is lies how does somone do that can anyone please give me some advice about it please as she is trying to do everything to keep me out of my sons life and im having a hard time dealing with it as she is following her mothers footsteps
17/6/2012 Angelmy partner has been convicted of several counts of abuse after the judge would allow her to say what she wanted and found most of my partners evidence against her inadmissible, how then is someone able to show the background and character of the accuser. now my ex has made things unsafe for me for standing by him. what help and support is out there any advice would be grateful.
21/7/2012 steven -Desperate for help, a close family member has just been convicted of rape to his daughter. She is a vicious liar and the whole family is behind him as we all know exactly what she is like and the person she is. The allegations all started after she was taken off the grandparents will after all her lies. I might add she has accused a previous person of rape before which turned out to be false. There was no evidence at trial it was just her word against his, she was even smirking when she gave evidence and he still got found guilty by the jury. She had conversations with a family friend which admitted that it was false but this was not allowed to be presented in court. I am trying to find a way to start an appeal but don't even know where to start. If any advice can be given that would be great.
27/7/2012 AMVMy brother was convicted an hour ago of abusing his daughter. All of your comments are so familiar, like most of your relatives he was convicted on the testimony of his wife, daughter and some of his step children. There were so many inconsistencies, our lawyer caught them out on so many lies. She even made similar allegations about other people twice before but we were not allowed to use any of the rebuttals or evidence we had gathered - it was all inadmissable but the prosecution could use and say anything. They didn't even have any forensics or anything they could concretely connect to my brother. The legal system is a complete joke. Your posts have given me some comfort though and we will never stop fighting to clear his name. I don't feel so alone now thank you.
5/8/2012 delzyjay -Tell me about it the amount of incent men that go to prison these days is ridiculous. My boyfriend and his dad were both found gulity from the same attention seeker who was a jealous type of girl and attention seeking all the time she also use to lie a lot and was sexually active at the age of 13. My boyfriend was at the madgeistrates because he was 16 at the time and his father was at crown court. My boyfriend got community service and probation until september 12 and his father was put in prison and still their until 213. This has destroyed our lives because of this girls lies and she even changed her statement 3 times aswell. Their was no dna just tears of 10days before hand. I jsut hope she comes out with the truth.
4/9/2012 SueDonymI have read all of these posts with interest and great sympathy. Sadly, it is not at all true that if you actually are innocent, then the trial verdict will say so. Having seen the appalling way in which my friend’s trial was conducted, having studied the evidence and seen the clear discrepancies between his accuser’s statement to the Police and her testimony in Court, which prove to me and many others beyond a shadow of a doubt that her tale was completely false, having seen that the jury heard only 3 5ths of the statement she made to the Police, because all the repetitions which would have emphasised those discrepancies had been edited out, having seen how the statement of his innocence made to the Police by one witness was kept from the jury completely and how the prosecution succeeded in convincing the jury that the other witness who saw no such thing take place must have been in the same place with the accuser on a different occasion rather than when the one on which the offence had supposedly been committed, even though the accuser had told the Police 6 times that she only ever went there on that one occasion, I am now convinced that our Injustice System is so bad that at least a quarter of those convicted must in fact be innocent. I have no doubt that those who claim the trial in the case to which they are connected was a farce, because this one most certainly was, and when I fought for an appeal on behalf of my friend and attended the hearing in London, I felt as though I had fallen down a rabbit hole and landed in the Mad Hatter’s tea party; both concluding statements upon which the appeal application was denied were incorrect, the exact opposite of the truth, as could clearly be shown from the evidence, but I had no right of reply. I have barely scratched the surface in my mention of faults in the way this case was conducted; I could go on and on. What horrifies me most, however, since that wrongful conviction, is the behaviour of people in authority towards my friend and his severely disabled terminally ill wife, which was nothing short of cruel and unusual punishment. The members of the MAPP group assigned to his case acted illegally in evicting the couple from their home without a Court Order, making false threats that they could imprison him if he made any attempt to resist their bullying and repeatedly lying about their powers to force him to live where they dictated. (No accommodation order had been made against him, so none of them had any powers whatever in this regard, but all persisted in pretending they had and bullying him into submission.) The Judge in his case, though he falsely declared at sentencing that that the evidence of this offence was clear, when in fact it hung solely upon the child’s false accusation, did at least show compassion by suspending the sentence so he could continue to care for his wife, but the MAPP members having immediately evicted them, forced her to live in a so-called Care Home where her care fell far short of that she would have received at home, and despite all my efforts on her behalf, most of her remaining days were spent in appalling misery, a far greater abuse that the supposed offence of touching a child on her tummy for two or three seconds, with a hand so painful and thickly bandaged following a major operation on it just four days earlier, that it could easily have been demonstrated that the accusation was false had the defence team bothered to make the effort. If it were up to me, the Police Inspector, Probation Officers, Housing Officers, Social Service personnel and Care Home staff who treated this poor disabled lady so appallingly because of her husband’s supposed offence would all be serving prison sentences for abuse of power, and if that is not currently a criminal offence, then it ought to be. I too could write a book and I hope eventually to do so.
30/9/2012 dismayedI a so sorry to all the innocent accussed. I myself have been abused and now in my adulthood have decided to do something about it. Im going on no physical evidence. Its cases like these I have read that make my real case so hard! It seems easy that these people can be convicted for so little evidence its scary. However it is damaging to the true cases. Good luck to all .
5/12/2012 DeeHi I need some advice my dad was convicted on August of abusing a so called cousin there's no eveidence as she said it was 22 yrs ago she said she told told her friends after getting drunk but her friends can't remember what she said to them
17/1/2013 mpi myself was charged and denied bail till the trial ended. i watched this legal game very closely through out my ordeal. i have spent almost 10 months in remand while cps was studying and looking for the evidence. thank god in my case the so called victim was crying that she holds the strong evidence and cps were examining the DNA 3 times without informing the defense team. the trial was postpone by 3 times because CPS always had some reason. luck for me the whole DNA evidence collapsed and in the trial CPS was saying the defended might have some how manged to destroy the DNA evidence. that was the time i really saw the real picture of the current criminal justice system. the motto is #whoever is charged rote him in hell no matter whether he has done the crime or not# while i was in remanded i met loads of people who were actually innocent and trust me the six sense is always right. later these guys were lucky enough to win the case. the real deal starts once you come out. you are stopped in the airport by immigration, by police and you can not find the job, you are judged and trust me there is no help for people like us. i am psychology graduate and i am haveing ptsd but i can not go seeking for help coz i know i will be judged. i am going down hill...... started hating the whole female race. does the government cares about me NO where in fact the accuser dared to ring me to tell me i must have learned the lesson by now.
2/4/2013 anoymIn this article it is mentioned that when some countries abolished compensation for sexual offence cases the number of reportings reduced quite dramatically however,this statement is not back by any evidence. Does anyone know of any evidence for this claim or an example of a country where this is true? Thanks
22/4/2013 AnonI am going through this scenario as I speak, for the second time because the first trial was undecided in the verdict. The accusations I am facing supposedly happened in houses where there were other people residing and even in the house at the time, who are actually in my defence saying that these incidents could never have happened. Yet here I am in the middle of a nightmare that does not seem fair to myself and makes me look guilty already to anyone in the jury.
7/6/2013 Michael Zimmerman -One of my best friends has been falsely accused of raping his niece because his sister set him up by coaching the kid what to say and do in order to get him put away my buddy is now in jail and i am hoping like hell that it gets dropped for his sake because in NC they have life without parole or death for rape, and he is innocent and there is no dna evidence or anything else its just hearsay and this is actually about the money in the will because my buddy was getting dirt on his sister to remove her as the executor of the will and make him it and the warrant for his arrest came while he was getting the dirt on her all compiled, now im scared for this guy because im afraid of what will happen if it goes to trial my buddy will be eaten alive here.
3/7/2013 Katherine -My son has been falsely accused of a crime not rape. His girlfriend set him up because he dented her car during a lover's spat. She set him up to fix her cooputer and then reported he stole it. He does not even have the computer. On the other hand when I went to report a girl that stole my klonipam the policeman pointed his stupid mind at my son . The girl confessed and I had a the information that pointed to her. How many days do we have before we can no longer report a crime.? He acted like it was a day. My opinion was that I knew too much information and he wanted to be the detective. I will fight for justice. One nation under God with
16/7/2013 Keith -On the 20 june 2013 I was accused of sexualy abusing my great granddaughter who is four years of age. on the 29th june 2013 nine days later my wife was texed to go over to see our granddaughter were upon she ws told that I had abused the child when my wife returded home she said that I had been accused of playing with the childs private parts I informed my wife that was a lie her awsner was I DONT KNOW WHAT TO THINK. I then asked my wife has anyone phoned the plose she told me that the child parents did not want the police involed so I phone the police myself to clear my name after taking a statemebnt off me they went over to my grasnddaughters house later that day I was arrested and put in police cells over night and best part of the following day I was cbharged and let out on police bale the condition of the bale was that I,am not allowed to contact my wife or the rest of the family I have no way of proving my innosence. the abuse was aledged to have taken place all in the space of ten minuets. some how to save my seventeen years old marriage I have to prove my innosence Its my word against a four year old and with tis witch hunt going on I have no chanceI am facing a prison sentence for a crime I am totaly innosecet of I have no friends I can turn to and no other family members I am totaly alone it is torture deay after day waiting to report to the police to find out what is going to happon I cannot eat or sleep every thing seems to be round and around in myhead It was me who brought it to the attention of the parents that some person had been llifting up the childs cloths because she would say to me lift up mydress and tickle me gentley yhet I am the accused
19/7/2013 IGI was arrested in may this year for historical abuse charges when I was 11 to 16. The accuser was 5 - 10. This was 15 years ago! Its rubbish!! I didn't even really see the accuser after 13/14!!Annoyingly, one of my sisters friends tried to accuse me of something 6 years ago, but nothing was found e.g.. dna and the case was dismissed.. But I know this will go against me..i haven't been charged yet, but I expect it will happen... As there is no evidence on her side, just a statement.. My whole life is about to get ruined, I will lose my job, have to sell my house to pay for court fees.. The shame people will naturally think... And worst of all the thought of being seperated from my wife...What annoys me is they punish you as an adult even though your being accused as a minor..It's a horrible time to be in...regarding historic cases!
3/9/2013 samantha baines -hi i have the issue with my brother
29/9/2013 SamanthaMy husband was accused 8 yrs ago of abusing his ex step daughter he was on bail for 2 yrs till it came to court he got convicted to 10 yrs for something she said happened over 20 yrs ago we had been together for 4 yrs and had 2 boys but the day we were getting married she put in these allegations and recieved 66 thousand pound compensation she has since accused another I had to divorce my husband because of my job but we are back in touch and hoping to get back together I am trying to get an appeal but need help our boys need him everyone knows hes innocent so any advice will be appreciated
9/11/2013 NeilMy father is currently on bail until January for a police meeting. he is accussed of touching a school friend of mine 25 yrs ago. Looking from this forum I assumed inoccent until proven guilty this is clearly not the case. We have a legal aid solicitor should we be paying for a better one? I assumed it would not make a court as her word against his and no witnesses. I now assume you all think this will go to court? I am shocked by what i'm hearing. Advice please as really worried!!
18/11/2013 DeeHiya Neil
11/12/2013 rocio -Its sad to be in this situation, my husband was accused of sex offender to a minor.He was 17 yrs old at the time and had few months that had just move to the united states , the girl was his girlfriend she told him he was 16 yrs old one day she had an argument with her mom and ask him to pick her from school. He wanted to help her some how he convense his older brother to rent a hotel. But few hours later his brother came back because her mom had called the police because her real age was 12yrs old. Even infront of the police she kept lying about her age. Her mom had to take her birth certificate. They didnt take him then they just told both they had to go to the court to write their statement. His girlfriend had told him that his uncle had got drunk and abuse her. He has not sure what to do. She went a week before for the statement. He didnt have much to put because they had notting to do that day. But he got there the officer that took the statement told him she was not allow to read her statement but if he but the same her mom was going to let him marry him. He didnt know any english at the time some the officer read it to him. His girlfriend had told him also she was afraid that her mom wont believe her and might hit her.when the officer read the statement she had wrote they had sex on the motel. Him thinking about his girlfriend he thought he was helping so he wrote the same thing she did and blame himself, thinking he was going to marry her to help her with her problem. But no the only thing he got himself introuble when he try to tell the true they didnt do anything on looking for evidence or not the attorney didnt do anything and suppostly was just able to get his a lower sentence he did 3 yrs in the state. And the girlfriend would write to him and even her mom and dad will visit him to take her. Dont make any since if he was guilty. I as a mother if a guy will abuse of my daugher I would never ever would take her to visit and have any kind of relationship with him! In one of her laters she gives him thanks for his sacrifice. When he got out he was deported to mexico. The girl friend keep calling him. He decided to come back for her was with her for one yr. And broke up. For 11 yrs he had no trouble.we married 6 yrs ago and have 2 kids. But because his problem I was not able to get his status settle. He had a traffic ticket and now he in a immigration detention because the judge counted his case again and he is doing time again for something he didnt do. The law is so unfair.
12/12/2013 kelly -I know someone eho has just been remanded for a false aligation and its ripped me apart as he is all I had and now hes going to missmout on his kids growing up...... the justice system needs sorting as inncount ppl are losing massive chunks of therebkives wnd there kids lives
28/12/2013 Anzbmw -This law is mad dont pay any taxes ever good ppl get put away for liers never pay any tax.
6/1/2014 caringukim going through a similar situation with my son who was 19 at the time has been accused of touching a family friends daughter a 13 yr old on top of her clothing ,, twice ,, this girl and her family has beenthru a lot of emotional issues and as the family that we r , supported them thru alot over the past 8 yrs, the child lacked confidence and all 4 of my sons and there female friends give her reason to believe she was worth more than she was giving herself credit for , 6 months later n we r taking it to trial ,, any advice or support will be greatly appreciated
8/1/2014 DeeWe ourselfs are still waiting in the three judges for my dad he has spent nearly 18 months in prison now after being convicted he has missed out on our kids growing up as some was babies when he was convicted also he now has a great grandson who he can't even see a photo off because that's what happens when ur convicted can't even talk to the kids it's so not fair when there swanning around with there compo money which is quite a bit of money for me they need to change the law with these cases but they won't and now they seem to think not enough sex offenders are being convicted thy need to look into it, I feel those who accuse some one and they get found out should do the sentence they give to the person who was accused but they won't because the accuser is the victim and not those who go through this and there family even going to our local mp hasn't helped I've even wrote to Chris grayling about this and haven't had a reply it's easier to ignore us as a family hopefully we will get the answers we need soon
13/1/2014 Julia -So many people convicted of crimes they didn't commit or so many delusional friends. relatives, partners etc who simply do not want to believe the truth?
14/1/2014 ErrolSorry Julia but you are mistaken.
6/3/2014 caringukhere wer are ,, 1 day away from trial,,, my son and family are going thru hell n this 14 yr old is lapping up all the attention, well shes got what she set out to do ,,and is on to her 5th boyfriend in 6 months ,
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