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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69375
Experience:  Over 5 years in practice
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Hi! Ineed advice, please! My husband is remanded in custody

Customer Question

Hi! Ineed advice, please!
My husband is remanded in custody since 25.11.2012. I called to police, because, he was drank and agressive, he didnot hurt me at all, but police did ask many questions about our life, about past, and there I mentioned about sexual agresivity aswell, and police kept him in custody, because of rape. Later on I was thinking, that I did not qualifay that as rape and I made my retraction statement, I said I am not going to witnes against him in the court. My retraction statement is with CPS already and I filled domestic violence assesment form aswell with police. All, what I want, I want my husband back, because I suffering without him so badly, I love him, miss him. I believe, he never will hurt me again,he just need help, because he has a drinking problems. I am been told by police, I must go to the court, if they will ask, otherwise, I will be arrested. I there possibility, I can get a solicitor. I dont have money to pay, but is there possibility get a solicitor for free? I know, that my husband was beaten by police, he had a head injuries, he cannot hear with one ear now. And one more thing. I would like to read my first statement, when I was interwied by police, because I was under stress and in schock and I even cant remember, what I signed. I want to make sure everything is throught and correct, what I said. I did not have a translator, may be not everything in tha statement is as I said.
Thank You! L.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

So, in short, you've made an allegation of rape against him?
Customer: replied 3 years ago.


Yes, I did. Court date is 15.02.2013.

Expert:  Jo C. replied 3 years ago.
Is this the first time you've done this?

Or have there been previous allegations?
Customer: replied 3 years ago.


There was before about domestic violence, but he been charged for that

Expert:  Jo C. replied 3 years ago.

Was your original allegation untrue?
Customer: replied 3 years ago.


No.

Customer: replied 3 years ago.


No

Expert:  Jo C. replied 3 years ago.
You cannot get a solicitor. You will be dealt with by CPS.

If you have made an allegation of rape against him then you can always tell the police you don't want to go ahead. They do currently have a policy of summonsing complainants of domestic assault but not generally of rape. I suspect the reason they are considering it is that you have made previous reports and you did make an allegation of rape.

If the allegation that you made was true then you cannot say that it wasn't. That is perverting the course of justice and there has been recent case law allowing them to prosecute in those circumstances.

If the allegation was false and you put your hand up now there is a risk that you could be prosecuted and recent case law confirms you would be facing in the region of two years custody.

I'm afraid the absence of a translator only takes you so far. You are clearly capable of communicating in English and obviously some things can be put down to translation more than others.

You do need to be careful about making ill considered allegations to the police though. They will not let you with draw lightly. In fairness, an allegation of rape does lead to a very large amount of resources being devoted to you and that is a consideration for withdrawals.
Customer: replied 3 years ago.


Thank You. What is the best me to do, when I am going to court?

Expert:  Jo C. replied 3 years ago.
It a matter for you really.

If you refuse to go to court then that is a contempt of court but they probably won't prosecute it.

If you do go to court and refuse to give evidence then they will just put pressure on you to give evidence.

This is always supposing you are summonsed. That would not be common with rapes

If you say that your allegation was false then you could be prosecuted for perverting the course of justice.

Delighted to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69375
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Can I do something about he was beaten by police, when he was arrested. When was a noise outside the flat I opened doors and I saw, policeman beating my husbands head by steck.

Expert:  Jo C. replied 3 years ago.
He can make a complaint if he want to but you cannot.

You can be a witness to his complaint although the fact that you were the complaint might not be very well received.
Customer: replied 3 years ago.


Thank You. Can I read my first statement or not? How can I do that? I need to ask in police? Because I did not have a translator, may be there are some misanderstanding ?

Expert:  Jo C. replied 3 years ago.
You will be given your statement to read on the morning of court.

On the face of it, you do not seem to need a translator. You need to be careful with that. If you ask for one then they will provide one at court but if you start saying that something in your statement is untrue because of the absence of a translator then that will be scrutinised carefully. You clearly have a very good command of English.
Customer: replied 3 years ago.

Thank You.


 

Expert:  Jo C. replied 3 years ago.
No problem.

Do bear in mind that its fairly easy to tell what might be a translator issue and what might be a falsehood.

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