How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I was convicted of indecent assault 17yrs ago which ive always

Customer Question

I was convicted of indecent assault 17yrs ago which ive always denied recently the person who I believe did the offence has been convicted of raping his own daughter and sentenced to 14yrs in prison at the time of my conviction this person was a miner and I an adult is their any thing I could do to clear my name I was found guilty and sentenced to 15 months serving just over seven months
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is Jo and I will try to help with this. I take it you pleaded not guilty and were found guilty after trial?

JACUSTOMER-j45fm46n- :

that's right

Jo C. :

Hi.

Jo C. :

Sorry for the delay.

Jo C. :

On what basis do you want to appeal? Fresh evidence I suppose?

Jo C. :

Has he admitted anything?

JACUSTOMER-j45fm46n- :

he pleaded guilty to raping his daughter nothing about mine

Jo C. :

Obviously you are vastly out of time to appeal on any point arising from the trial.

Jo C. :

You can always raise a fresh evidence challenge.

Jo C. :

I'm sorry to deliver bad news but the truth is that if its just that another person has been convicted of a like offence then that isn't likely to be considered fresh evidence.

Jo C. :

There has to be 'fresh evidence sufficient to render your conviction unsafe.

JACUSTOMER-j45fm46n- :

I was wondering if there would be anything the police would do

Jo C. :

I can completely see why you find this confirmation of your fears especially as you know you did not commit the offence but if you look at it objectively, as a Court of Appeal would, the fact that another person is guilty of a similar offence does not render your conviction unsafe.

Jo C. :

I'm afraid the police will not act unless, of course, there is something that suggests he was the culprit for the offence in question.

Jo C. :

To be wholly honest, they are slow to act even then. There are reasons for that. If you go right back to legal theory, if a conviction is wrongful then that is for the Court of Appeal rather than the police.

Jo C. :

There are convictions that are very old that are overturned. I had one a few years ago. However, his position was different because the complainant ultimately admitted she had lied and went to prison for a very long time.

JACUSTOMER-j45fm46n- :

that's what I thought thankyou for your time

Jo C. :

No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/