Can The Police Force Witnesses To Tell The Truth ?

[Bonkers123]

Hi there ,My ex partner sexually assaulted me several times,he was arrested and released on bail pending evidence.I have two witnesses to the assault as he wrote to them and actually joked about how he plied me with drink and then assaulted me ! These two people are now refusing to admit that they know he has done this ...the police have asked them twice now as it would secure a conviction ..they are refusing ..it is so sad that they think they are protecting a friend when he fact he told me several times that they are people he would never associate himself with ? I am so frustrated and cannot understand why the police cannot do anything ...also the messages he wrote on FB and swiftly deleted ,cannot be retrieved ...the evidence is overwhelming yet unavailable ...can they not do more ? Many thanks in advance .

[TWR]

I'm sure the Mess can be retrieved, why did you stop with this person after several Assaulting times? once for any woman should be once, & once too often.

[ummmm]

Don't blame victims, TWR, there's usually much more to the story!!

Are these people now saying they didn't receive any letter?

Have you tried contacting facebook? Facebook are a bit hit and miss with their support but they'll be able to tell you if the messages can be retrieved.

[TWR]

The story is " Several times Ummmm" no woman should be subject to this.

[ummmm]

Of course not. It's awful, but we do not know the dynamics of the relationship. We do not know the personalities of the people involved. Some people are much much stronger than others.

[yogi-bear]

What has your solicitor advised you of where you stand and what you can expect?

It's them you should be asking as they will be on your side.

Hopefully here, you may get an answer and some assistance from one of our valued judges, solicitor's, lawyer's and other law specialists.

[Bonkers123]

TWR,i am aware that i should not have put up with it,i know that now ...at the time it is a whole different story ,so please try and be more cautious when answering .I have tried contacting FB,the police have also said it is something to do with data protection ?He has been convicted of a lesser charge,but they cannot get him on the rape charge as the witnesses refuse to co-operate ...can they not make then testify as this is a serious crime ?

[Bonkers123]

I do not have a solicitor as i was the victim ,so therefore did not need one ...Thank you very much for responding .

[ladyalex]

The witnesses cannot be 'made ' to say anything, though they can be 'made' to attend court.
WHat they say in the witness box is for them to decide
Sorry not to be more helpful.

[TWR]

Bonkers, there was no intention of upsetting you, of course I do not know the circumstances, my wife a few years ago went out with a hard man!! that was until I asked how hard he thought he was! he wasn't very when standing up to another male, from personal experience due to something that happened to me a few years back, the evidence was retrieved without the data protection ever getting involved, again, there was no intention to upset you xx

[Bonkers123]

That is ok ...no problem .I have two sons that would have happily stepped in ,but as the police said why risk a criminal record for scum like him ..i am so glad they did not get involved .Yes he beat me several times and he was convicted for that as well as breaching a restraining order..it is very difficult to get out of an abusive relationship ,but i did it eventually ....

[TWR]

Best of luck to you. x

[New Judge]

The two "witnesses" to the assault are nothing of the sort. They only have what is known as "hearsay" evidence (i.e. your ex partner told them he had done something). They were not witnesses to the event itself, only to a alleged recollection of it relayed to them. They do not know he has done it - they only know he has told them he has done it. This is not evidence that can be relied upon in court and if they were summonsed to appear as witnesses their testimony would quickly be dismissed.

To understand this a little better, imagine if you told me that you had beat up your ex. Would you be happy to be convicted based on that "evidence"?

Whether or not they will tell the police what they know is academic. They only know what he has told them. That is not sufficient to secure a conviction but more than that it would not be admitted as evidence at all.

[Orderlimit]

Bonkers, why not write down all of your questions and approach the officer in charge of the case who will either find time to explain the technical problems specific to this case to you or refer the matter to an appropriate person to make contact with you.

I'd also speak to one of the independent domestic abuse organisations who can help explain things to you or liaise with the police for you etc. They can research what (if any) protective measures are in place & whether you qualify for free injunctions / orders. Try the National Centre for Domestic Violence on 0844 8044 999.

[Bonkers123]

New Judge,thank you for the info .The messages that they received regarding the incident were indeed on facebook ,they were swiftly deleted when i reported the offence to the police .They apologised to me but said they could not get involved ,i was amazed that they wanted to protect this man as he begged them not to say a word ! I live with the fact that he did this to me and appears to have got away with it .Thank you once again .

[New Judge]

Of course you want the matter resolved, Bonkers, and you want your ex brought to book. However, the versions of the events related to your friends (whether via Facebook or anyhow else) will not help and you should not rely on them at all.

However, the police have a duty to investigate your complaint. Even if you are the only witness to the assaults (which you probably are) that does not prevent a prosecution being launched. You must persist with your complaints to the police and you must insist that they investigate your allegations.You must also be prepared to make a formal statement to police and be prepared to go to court to give your evidence if necessary.

[Bonkers123]

I have persisted,i have told them i will not give up .I have met with them ,they insist that they cannot retrieve the messages .The fact that they told me at one point that they had prepared a file and were sending it to the CPS

[Bonkers123]

But i found out they lied and never sent it ,they decided nfa, not the cps ...i was distraught at the lies .I wrote to my MP ,and suddenly they started investigating again ...but once again they say there is noting they can do .......they said they would seize his computer etc ...they never did ...where can i go from here ? Thank you so much ,much appreciated .

[TWR]

Without going into the Issue Bomkers, a person was working with persons with L.D. take the service user to a sex show, the service user could not speak, could not show emotions but had to go as he was in a wheelchair & was pushed / escorted by this carer only, this carer denied bragging on FB to her friends that she was getting paid for it & laughed about it, he post was deleted, I will the help of a friend traced it, so don't give up, it can be retrieved.

[TWR]

Bonkers ( Sorry)

[New Judge]

I can only repeat, Bonkers, that the messages to Third Parties are of no use as evidence at all even if they could be retrieved. The evidence available is your testimony of the description of the assaults.