My Girlfriend Had Put Allegation Of Rape And Assault On Me

[rajansingh]

my girlfriend had put allegation of rape and assault on me. I had been interviewed and i got charged for common assault. I had read her statements and where she say that i had raped her and she never sought medical help. She even said that i had assaulted her but she never sought any medical help. she only had help of her friends who gave false statement against me saying that she told them she being assaulted by me. Can court gave me punishment on the false statement of her friends? any advice please .

[New Judge]

The CPS will evaluate the statements and decide if there is sufficient evidence to support a prosecution.

If there is (and it is in the public interest to proceed) and you contest the matter a court (either Magistrates or a jury) will decide on your guilt or innocence. Nobody on here can answer your question reliably. If you are accused of domestic violence and particularly if you are accused of rape you should seek proper legal advice.

[rajansingh]

thanks New Judge
i had been charged for assault domestic. In interview i told police that i grab my ex by arms so that she could not get more drinks. and my ex say in her statement that she never sought medical assistance but she got her friends giving false statements that they see bruise on arms and face. So can judge punish me on there statements as they do not have medical evidence.

[New Judge]

If you grabbed your ex by the arms then in most circumstances that constitutes an assault. Whether or not she sought medical treatment is immaterial. Nobody on here (including me) can say how the (allegedly) false statements will be treated either by the CPS or a court.

[rajansingh]

thanks New Judge
just one thing more can court punish me on statements of my ex friends as non of them are eye witness all are telling the what ever my ex told them.

[jackthehat]

Spooky........

https://www.theanswerbank.co.uk/Law/Question1591138.html

[bednobs]

rajan, that's not one more thing, that's the same thing you asked twice on this thread already and had answered by NJ twice

[rajansingh]

thanks bednobs
can you tell me if court take statements from non eye witness just word of mouth.

[bednobs]

isnt that just the same question with a different order of words? (that had already been answered twice??) in all honesty, i dont know the answer, but would trust in what NJ says (or your legal representative)

[New Judge]

Thanks, jack. I hadn’t seen the earlier question.

I’ll just say one thing of a general nature, rajan. Generally people who were not present at the scene at the relevant time are not witnesses. They did not witness the event. If they make a statement telling the police what somebody else had told them about the incident it is what is termed “hearsay” evidence and has no value. The CPS will decide what is hearsay and what is not and will not attempt to put hearsay before a court.

On 27th January you said you had appointed a lawyer. Far better to put your questions to her or him rather than pose them here because, as I said, nobody can give you a useful answer.

[Peter Pedant]

.// can you tell me if court take statements from non eye witness just word of mouth.//

yes they can- or yes they could
as New Judge states categorically - it depends

read all about it:
http://www.hse.gov.uk/enforce/enforcementguide/court/hearsay-exceptions.htm

In a home invasion case I got involved in
the policeman gave evidence on the door and its flattened state
and no one said - "hey he cant do that - he wasnt there!"

You really really need a lawyer - - -- get one!

[rajansingh]

New Judge thanks alot

[rajansingh]

New Judge i was thinking Hearsay can be admissible evidence or not

[bednobs]

hi, that is the same question (again) which has now been answered by Nj 3 times

[Peter Pedant]

yup exceptions to hearsay rule - read the ref
an exhausting long read I agree
it is clear you could be an exception

you are asking us to say - "nope it is not allowed!"
and then half the evidence cant be heard
and youre FREE!

Life isnt like that -
you have been charged with a serious offence
you know that damaging evidence maybe offered

You dont need our advice/opinion/belief
You need a ...... lawyer

[Peter Pedant]

// Sorry but JTH says spooky I say pure fabrication,//

nope this sort of thing is an everyday occurrence where I live. The accused looks for a point that will torpedo the case and every now and then - it works ! - - like this:

https://www.dailypost.co.uk/news/north-wales-news/alleged-conspiracy-supply-cannabis-trial-6483634

( failure to get the AG's permission for a crossborder case - ooer that's pretty basic innit? whole thing called off after five days)

[Jethro77]

Seems that whatever was said by the complainer to her friends after the incident could be admissible as de recenti statements to enhance the complainer`s credibility.