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What Do You Think The Sentence Will Be
Hi this is really sensitive for me it's still all fresh and raw. But I need to prepare myself for the worst likely outcome.
My partner has assaulted me whilst I'm holding our new baby. He was intoxicated drinking vodka and took cocaine.
He has previous convictions in his past for violence. And done prison due to it. He is well known by police. Anyway he's now been arrested for attacking me. Charged with GBH sec 18
Common assault coz I was holding baby but baby had not one mark on him and wasn't harmed at all.
Affray due to resisting arrest. We're both 32 and known each other over 20 years and been in a relationship for 1 year and have a beautiful baby boy. It's the first time he had done this to me and totally out of character coz he's so protective of our baby. He doesn't normally drink or take drugs due to the fact in his past he's acted out in such ways and he switches into someone different.
He even looks different his eyes go black his skin grey he's like a shark! He got arrested and due to appear in court end Jan
I wanna withdraw my statement I don't think he deserves years
My partner has assaulted me whilst I'm holding our new baby. He was intoxicated drinking vodka and took cocaine.
He has previous convictions in his past for violence. And done prison due to it. He is well known by police. Anyway he's now been arrested for attacking me. Charged with GBH sec 18
Common assault coz I was holding baby but baby had not one mark on him and wasn't harmed at all.
Affray due to resisting arrest. We're both 32 and known each other over 20 years and been in a relationship for 1 year and have a beautiful baby boy. It's the first time he had done this to me and totally out of character coz he's so protective of our baby. He doesn't normally drink or take drugs due to the fact in his past he's acted out in such ways and he switches into someone different.
He even looks different his eyes go black his skin grey he's like a shark! He got arrested and due to appear in court end Jan
I wanna withdraw my statement I don't think he deserves years
Answers
Kay18 I understand what you are saying about not being able to turn off your feelings. However, your feelings for your baby are important too. You obviously adore your child and want to do your best for him. You need to face the possibility that if you continue to expose your baby to this man's unpredictabl
07:07 Wed 26th Dec 2018
//You cannot be 100% sure. He will , a very low percentage if addicts ever get clean.//
I would seriously like to know the actual statistics of addicts who get clean. I know loads of addicts who did but not the overall %.
but ttt is right, get rid while he is still using, too volatile a situation to risk yourself or more importantly your baby.
I would seriously like to know the actual statistics of addicts who get clean. I know loads of addicts who did but not the overall %.
but ttt is right, get rid while he is still using, too volatile a situation to risk yourself or more importantly your baby.
Have a look at the links below, they can offer practical and useful support and advice to you. I'm assuming you're partner is not allowed to see you at present?
https:/
https:/
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https:/
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https:/
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https:/
I know it looks as though I'm trying to defend him in some way. That said not my intention. I appreciate all your comments and advice and trust me I'm listening and I'm not going back into a relationship with him. I jus needed some guideline on to what he would get
The police haven't been great help with me don't communicate well with me and seems as though they fob me off by saying they will get back to me and don't .
The police haven't been great help with me don't communicate well with me and seems as though they fob me off by saying they will get back to me and don't .
//The police haven't been great help with me don't communicate well with me and seems as though they fob me off by saying they will get back to me and don't//
Sounds about right for plod.
(speaking here from the standpoint of both victim and perpetrator)
Get some outside help. Plod arnt interested except in fulfilling quotas.
Sounds about right for plod.
(speaking here from the standpoint of both victim and perpetrator)
Get some outside help. Plod arnt interested except in fulfilling quotas.
Jail is 100% certain. Sentence guidelines here
https:/
You CAN NOT withdraw a statement in a domestic violence case! If you try to do so it will just make it worse for him!. The court will assume that he has tried to force you to withdraw it and increase the sentence. Your concern and pity for him is normal. The court expect it and take it into consideration.
https:/
You CAN NOT withdraw a statement in a domestic violence case! If you try to do so it will just make it worse for him!. The court will assume that he has tried to force you to withdraw it and increase the sentence. Your concern and pity for him is normal. The court expect it and take it into consideration.
As you have been told. It is now out of your control.You CAN NOT withdraw your statement!. In fact trying to withdraw it will just make things even worse for him. The court will assume,correctly or not, that he has threatened you with even more violence unless you do withdraw. It is actually a point of law that it is NOT permitted for the victim to withdraw a statement in a domestic violence case.
^ even refusing to attend court will not work! Again the court will assume that he is preventing you from attending (it OFTEN happens)
If you do refuse to attend, the court will just use the statements you have already made to the police.
From what you say he does deserve years and he will get them!
If you do refuse to attend, the court will just use the statements you have already made to the police.
From what you say he does deserve years and he will get them!
Eddie what you are saying is, I'm afraid, incorrect.
I think there is very little chance the CPS will not proceed with the case if you retract your statement and you must get legal advice before doing so and I think it is extremely unwise, but this is their official guideline on retracted statements during domestic abuse cases.
This from the CPS:-
Retractions and withdrawals by complainants
It is possible that a complainant may ask the police not to proceed any further with a prosecution case and say they no longer wish to give evidence.
There may be a number of reasons why a complainant will withdraw their support from a prosecution, or retract their allegation, but this does not mean that the case will be automatically stopped.
Prosecutors may see any of the following as possible reasons why a complainant may no longer support a case. This is not an exhaustive list, but should be considered as a means to assist prosecutors in understanding how they will need to consider the next steps to be taken:
fear of other offences being committed, or risk of further harm (both in person, but also through online technologies);
fear of coming face to face with the abuser in court;
pressure from the perpetrator, the perpetrator's family or associates;
fear of repercussions that may follow from peers of the perpetrator, or gang members where either the complainant, perpetrator or both are involved in a gang;
pressure from other family members, other members of the community or community 'elders', including being pressured to resolve 'differences' between parties through mediation, or arbitration tribunals conducted within the community;
fear of being publicly shamed, disowned or outcast from the community;
a wish to be reconciled with the perpetrator, if not already reconciled, or a wish to return to the family, if estranged;
the complainant is no longer in a relationship with the perpetrator or does not want to re-live the incident;
a fear that children will be removed and placed into care, or not wanting to be perceived as 'being difficult' if children or other dependants are involved;
a fear the of impact on children, or other dependants, or financial repercussions (such as the receipt of certain child maintenance, tax allowances or financial support through benefits)if the perpetrator were to receive a custodial sentence;
continuing with a prosecution may cause the complainant to feel they are responsible for the perpetrator receiving a criminal record and the impact on their job and family finances, etc;
the perpetrator may agree to drop other proceedings such as custody applications for children, if the complainan withdraws the complaint;
embarrassment at reporting the complaint(as a result of the complainant's or perpetrator's social background, or for example, in cases of child to parent violence);
fear they may not be believed and fears that the criminal justice system is biased towards the offender;
feelings of isolation or vulnerability, and fears they may not be believed as a result of those vulnerabilities;
fears that showing support for a prosecution may place them at further risk of harm;
fear of immigration status being made known to law enforcement authorities, or fear that a complaint may reveal the perpetrator's immigration status which may not be secure;
fear of being 'outed' about their sexual orientation, or gender identity if not already known about;
fear of HIV status or other very sensitive personal information being revealed if not already known;
where complainants are involved in prostitution, fears that any previous contact with the police will result in their complaint not being taken seriously;
contd/ below
I think there is very little chance the CPS will not proceed with the case if you retract your statement and you must get legal advice before doing so and I think it is extremely unwise, but this is their official guideline on retracted statements during domestic abuse cases.
This from the CPS:-
Retractions and withdrawals by complainants
It is possible that a complainant may ask the police not to proceed any further with a prosecution case and say they no longer wish to give evidence.
There may be a number of reasons why a complainant will withdraw their support from a prosecution, or retract their allegation, but this does not mean that the case will be automatically stopped.
Prosecutors may see any of the following as possible reasons why a complainant may no longer support a case. This is not an exhaustive list, but should be considered as a means to assist prosecutors in understanding how they will need to consider the next steps to be taken:
fear of other offences being committed, or risk of further harm (both in person, but also through online technologies);
fear of coming face to face with the abuser in court;
pressure from the perpetrator, the perpetrator's family or associates;
fear of repercussions that may follow from peers of the perpetrator, or gang members where either the complainant, perpetrator or both are involved in a gang;
pressure from other family members, other members of the community or community 'elders', including being pressured to resolve 'differences' between parties through mediation, or arbitration tribunals conducted within the community;
fear of being publicly shamed, disowned or outcast from the community;
a wish to be reconciled with the perpetrator, if not already reconciled, or a wish to return to the family, if estranged;
the complainant is no longer in a relationship with the perpetrator or does not want to re-live the incident;
a fear that children will be removed and placed into care, or not wanting to be perceived as 'being difficult' if children or other dependants are involved;
a fear the of impact on children, or other dependants, or financial repercussions (such as the receipt of certain child maintenance, tax allowances or financial support through benefits)if the perpetrator were to receive a custodial sentence;
continuing with a prosecution may cause the complainant to feel they are responsible for the perpetrator receiving a criminal record and the impact on their job and family finances, etc;
the perpetrator may agree to drop other proceedings such as custody applications for children, if the complainan withdraws the complaint;
embarrassment at reporting the complaint(as a result of the complainant's or perpetrator's social background, or for example, in cases of child to parent violence);
fear they may not be believed and fears that the criminal justice system is biased towards the offender;
feelings of isolation or vulnerability, and fears they may not be believed as a result of those vulnerabilities;
fears that showing support for a prosecution may place them at further risk of harm;
fear of immigration status being made known to law enforcement authorities, or fear that a complaint may reveal the perpetrator's immigration status which may not be secure;
fear of being 'outed' about their sexual orientation, or gender identity if not already known about;
fear of HIV status or other very sensitive personal information being revealed if not already known;
where complainants are involved in prostitution, fears that any previous contact with the police will result in their complaint not being taken seriously;
contd/ below
where complainants are involved in prostitution, fears that any previous contact with the police will result in their complaint not being taken seriously;
lack of engagement or communication from criminal justice agencies, or a fear of not knowing what will happen if they do support a prosecution; or,
concerns that the criminal justice agencies are not aware of the issues they face or may not be sensitive to their specific situation(such as an understanding of why certain special measures are required etc).
There may also be some instances where a complainant will withdraw support or retract an allegation as a result of not accurately reporting what has actually happened. Such instances will be extremely rare and must be handled with careful consideration and sensitivity by prosecutors. If any such case is brought to the attention of a prosecutor by the police with an allegation of perverting the course of justice, or wasting police time, prosecutors should consult the legal guidance on Perverting the Course of Justice - charging in cases involving rape and/or domestic violence allegations which advises the case must be referred immediately to the Area Rape and Serious Sexual Offences (RASSO) Unit for handling.
However, with any case and any reason given, it is important prosecutors ascertain why a complainant has retracted their allegation or withdrawn their support from the case and the risks and impacts posed to the many children and/or any dependants, before deciding what action to take. Prosecutors should also refer to the section on Avoiding the criminalisation of a complainant for further advice.
Withdrawal statements (retraction of allegations)
The police should provide a statement for the prosecutor following contact with the complainant, to explain the reasons that a retraction of the allegation/withdrawal of support has been made. Without this there cannot be an informed decision about the next steps to be taken.
Where a complainant's account of the allegation in their withdrawal statement is not the same, or is not consistent with their earlier statement, there is a possibility that the complainant may have been pressurised into changing their account. In these circumstances, the police should be asked to investigate changes and, whether a further investigation into the circumstances is required.
Prosecutors should consider particularly:
the nature of the original allegation (if not fully covered in a previous statement);
the complainant's reasons for withdrawing support or retracting the allegation;
details of those with whom the complainant has discussed the case - particularly anyone who has advised them (a solicitor, or community member or mediator, for example) and obtain their details; and,
whether any civil or family proceedings have been, or are likely to be, commenced which may have impacted on the complainant's decision.
Withdrawal statements should be accompanied by a background report containing:
the officer's views on the case, including the veracity of the statement, any suspicions of witness intimidation or pressure (if not already included in the withdrawal statement), and a general assessment of the reasons given by the complainant;
the officer's views on how the case should be dealt with, including proceeding against the complainant's wishes;
how the complainant might react to being compelled to give evidence;
details of any identified risks to the safety of the complainant, children or any other person;
details of the support available to the complainant prior to the allegation being retracted or support withdrawn and whether this was a reason for the change in position(for example, access to an IDVA, YPVA, or other support organisation, or whether the offer of a special measures application was made etc);
whether any support organisation assisting the complainant has expressed a view; and,
the likely impact on the complainant and any children/dependants of proceeding or not proceeding
lack of engagement or communication from criminal justice agencies, or a fear of not knowing what will happen if they do support a prosecution; or,
concerns that the criminal justice agencies are not aware of the issues they face or may not be sensitive to their specific situation(such as an understanding of why certain special measures are required etc).
There may also be some instances where a complainant will withdraw support or retract an allegation as a result of not accurately reporting what has actually happened. Such instances will be extremely rare and must be handled with careful consideration and sensitivity by prosecutors. If any such case is brought to the attention of a prosecutor by the police with an allegation of perverting the course of justice, or wasting police time, prosecutors should consult the legal guidance on Perverting the Course of Justice - charging in cases involving rape and/or domestic violence allegations which advises the case must be referred immediately to the Area Rape and Serious Sexual Offences (RASSO) Unit for handling.
However, with any case and any reason given, it is important prosecutors ascertain why a complainant has retracted their allegation or withdrawn their support from the case and the risks and impacts posed to the many children and/or any dependants, before deciding what action to take. Prosecutors should also refer to the section on Avoiding the criminalisation of a complainant for further advice.
Withdrawal statements (retraction of allegations)
The police should provide a statement for the prosecutor following contact with the complainant, to explain the reasons that a retraction of the allegation/withdrawal of support has been made. Without this there cannot be an informed decision about the next steps to be taken.
Where a complainant's account of the allegation in their withdrawal statement is not the same, or is not consistent with their earlier statement, there is a possibility that the complainant may have been pressurised into changing their account. In these circumstances, the police should be asked to investigate changes and, whether a further investigation into the circumstances is required.
Prosecutors should consider particularly:
the nature of the original allegation (if not fully covered in a previous statement);
the complainant's reasons for withdrawing support or retracting the allegation;
details of those with whom the complainant has discussed the case - particularly anyone who has advised them (a solicitor, or community member or mediator, for example) and obtain their details; and,
whether any civil or family proceedings have been, or are likely to be, commenced which may have impacted on the complainant's decision.
Withdrawal statements should be accompanied by a background report containing:
the officer's views on the case, including the veracity of the statement, any suspicions of witness intimidation or pressure (if not already included in the withdrawal statement), and a general assessment of the reasons given by the complainant;
the officer's views on how the case should be dealt with, including proceeding against the complainant's wishes;
how the complainant might react to being compelled to give evidence;
details of any identified risks to the safety of the complainant, children or any other person;
details of the support available to the complainant prior to the allegation being retracted or support withdrawn and whether this was a reason for the change in position(for example, access to an IDVA, YPVA, or other support organisation, or whether the offer of a special measures application was made etc);
whether any support organisation assisting the complainant has expressed a view; and,
the likely impact on the complainant and any children/dependants of proceeding or not proceeding
The police officer's report may reveal the need to consider whether further charges, for example, witness intimidation or harassment or stalking should be brought, or whether there has been a breach of the perpetrator's bail conditions.
Avoiding criminalisation of the complainant
It should be highlighted that in some cases, complainants may provide contradictory accounts of an incident or will assert that their original complaint was false to attempt to stop proceedings. The reasons why a complainant will assert they have 'lied' or that their allegation was false are numerous and have been covered above.
However, prosecutors should consider a complainant's vulnerability (including the pressure or coercion they may be experiencing, as well as any mental health, ill health, or disability issues)when determining whether the original allegation was false, or if there is any falsity in the second statement given when the complainant retracts their allegation. Prosecutors should avoid any preconceptions about the 'perfect' complainant in such instances - further advice can be found later in this document in the section dealing with Support and safety of complainants and witnesses.
Prosecutors should refer to the Perverting the Course of Justice in cases involving Rape and/or Domestic Violence allegations guidance to consider the steps needed to ensure that all facts are taken into consideration and appropriate procedures undertaken. Support organisations assisting the complainant may also be aware of relevant information which may be of use. Depending on the nature of these considerations and the circumstances of the case, it may still be possible to continue with proceedings against the perpetrator without the complainant's active support.
Prosecutors should note that some complainants may be advised to say they had 'lied' when making their original statement; this is more likely to be the case where the complainant and perpetrator are in a continuing relationship, or where there has been a reconciliation between the parties, such as between family members. Other examples may include family or cultural pressures to avoid publicising a family's private circumstances, or avoiding bringing shame or dishonour to a family's reputation within the community and/or beyond. This illustrates how a complainant can be persuaded or in some instances, coerced into retracting their allegation.
Prosecutors should be wary of 'criminalising' the complainant in such circumstances and should carefully assess why they may have made the decision to say they had lied or made a false allegation. There may be a variety of reasons and each should be considered on its own merit before the complainant is informed of the action to be taken.
Where it is decided that a prosecution should proceed, the safety of the complainant or any other potentially vulnerable person should be a prime consideration. The fact that a complainant withdraws their support does not mean that they can no longer engage with the police. The complainant is still entitled to have future complaints believed and taken seriously.
Avoiding criminalisation of the complainant
It should be highlighted that in some cases, complainants may provide contradictory accounts of an incident or will assert that their original complaint was false to attempt to stop proceedings. The reasons why a complainant will assert they have 'lied' or that their allegation was false are numerous and have been covered above.
However, prosecutors should consider a complainant's vulnerability (including the pressure or coercion they may be experiencing, as well as any mental health, ill health, or disability issues)when determining whether the original allegation was false, or if there is any falsity in the second statement given when the complainant retracts their allegation. Prosecutors should avoid any preconceptions about the 'perfect' complainant in such instances - further advice can be found later in this document in the section dealing with Support and safety of complainants and witnesses.
Prosecutors should refer to the Perverting the Course of Justice in cases involving Rape and/or Domestic Violence allegations guidance to consider the steps needed to ensure that all facts are taken into consideration and appropriate procedures undertaken. Support organisations assisting the complainant may also be aware of relevant information which may be of use. Depending on the nature of these considerations and the circumstances of the case, it may still be possible to continue with proceedings against the perpetrator without the complainant's active support.
Prosecutors should note that some complainants may be advised to say they had 'lied' when making their original statement; this is more likely to be the case where the complainant and perpetrator are in a continuing relationship, or where there has been a reconciliation between the parties, such as between family members. Other examples may include family or cultural pressures to avoid publicising a family's private circumstances, or avoiding bringing shame or dishonour to a family's reputation within the community and/or beyond. This illustrates how a complainant can be persuaded or in some instances, coerced into retracting their allegation.
Prosecutors should be wary of 'criminalising' the complainant in such circumstances and should carefully assess why they may have made the decision to say they had lied or made a false allegation. There may be a variety of reasons and each should be considered on its own merit before the complainant is informed of the action to be taken.
Where it is decided that a prosecution should proceed, the safety of the complainant or any other potentially vulnerable person should be a prime consideration. The fact that a complainant withdraws their support does not mean that they can no longer engage with the police. The complainant is still entitled to have future complaints believed and taken seriously.
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good point from channel5 too kay, social services my consider it unsafe for a child if you choose to live with this man after he gets back from prison. I know you have feelings but try and look at it pragmatically, for you and your child. It is extremely unlikely this man will change. You should use the time to get yourself a new life for you and your child.
