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Accused Of Sexual Assault
31 Answers
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.
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.
Answers
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...
00:18 Wed 13th Nov 2013
sorry ran out of characters.
so I need to know how likely do you think I will be to be able to prove this to a court? and if this is there only evidence then is it likely that now the videos have been dropped, the case may fall apart? or does the court hold things like facebook messages as strong evidence?
so I need to know how likely do you think I will be to be able to prove this to a court? and if this is there only evidence then is it likely that now the videos have been dropped, the case may fall apart? or does the court hold things like facebook messages as strong evidence?
-- answer removed --
Facebook evidence may be used in court, as can Twitter tweets. Matthew Woods and Liam Stacey have both received prison sentences in the UK because of their tweets, and there have been successful prosecutions of benefit fraudsters using the FaceBook posts and photos as evidence.
Your defence in this respect will be that your girlfriend posted the remarks herself. You will need to show that you were with her at the time and that she had access to your FaceBook account or that she knew your FaceBook password and was able to post on it even if you weren't with her at the time.
Your defence in this respect will be that your girlfriend posted the remarks herself. You will need to show that you were with her at the time and that she had access to your FaceBook account or that she knew your FaceBook password and was able to post on it even if you weren't with her at the time.
The Facebook messages CAN NOT be used in court especially as she could have accessed your FB herself. They are just trying to scare you into making a confession.
You REALLY NEED to get a solicitor on your case NOW ! go out now and find one, most will give a 1/2 hour consultation free , this will let you see where you stand.
This case is far too complicated to give meaningful advice on here so PLEASE go and find a solicitor !
You REALLY NEED to get a solicitor on your case NOW ! go out now and find one, most will give a 1/2 hour consultation free , this will let you see where you stand.
This case is far too complicated to give meaningful advice on here so PLEASE go and find a solicitor !
Have you got any legal representation? They will be able to advise you on what kind of evidence is acceptable or not, how to refute it, if appropriate, and how best to construct a defence.
The CPS would be the ones to decide whether the case it to proceed.
Are the messages faked as in the had doctored a fake page for the screenshot or has she actually out them onto your Facebook to make it look like you did actually send them, so they could be shown as such, other than the screenshot she has produced?
The CPS would be the ones to decide whether the case it to proceed.
Are the messages faked as in the had doctored a fake page for the screenshot or has she actually out them onto your Facebook to make it look like you did actually send them, so they could be shown as such, other than the screenshot she has produced?
they appear to be from my facebook account because the rest of previous conversations are there too but with these messages added in which do not show up on my version of the same conversation even when i have downloaded my facebook data to check. and yes i have a solicitor but i am trying to find out as much as i can to prepare myself because at this point my solicitor really isnt giving me much information
EDDIE i have a solicitor but its proving difficult to get much info out of them at this stage and i am really worried which is why i have turned to asking just to see what other people make of it. I understand your concern and have made the necessary steps to make sure i have a proper legal defence :)
