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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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Dear Sir/Madam, I am unemployed and claim ESA. I was

Customer Question

Dear Sir/Madam,
I am unemployed and claim ESA.
I was falsely accused of historic rape in 2010 and was found not guilty in July 2012.
There were three girls and their mother who made false alligations about me and at the trial were all found to be untruthful.
During the trial they all claimed things about me that definately never happened and near the end it was said by the Judge that it seemed as though the girls got together and had made up the whole story and something about an act of perjury committed.
The whole matter and trial has taken a serious toll on my health and I am no law expert, but I don't feel it fair that they were all found to be liars but walked free whilst I am left traumatised because of my ordeal.
Who is suppose to deal with this matter?
If I am, what is it I am supposed to do to follow it through????
Many thanks
EW
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What action are you hoping to take about this?
Customer: replied 2 years ago.

Is perjury an offence and if so, why wasn't all involved arrested for blatantly lying on oath or wasting police time? I believe those involved in such perjury should be punished for creating and making up such lies. I am 52 years old and unemployed and claim ESA. They have destroyed my character, life and future with those false accusations. I was also told this would show up on a CRB check, is that true?


 


I feel so strong about this situation. Do I have a case to pursue perjury or is it a waste of time?


 


 


Kind regards


E W

Expert:  Jo C. replied 2 years ago.
Perjury is an offence but its not often prosecuted.

You need to be careful with this. The fact that these accusers were disbelieved on oath does not prove they were lying. Cases can fail for lots of reasons. One of them can be, of course, that the person in question is lying but its not the only explanation.

Even if the Judge commented that she was clearly lying that is not evidence. That is just his opinion which might carry weight but no more.

The Perjury Act requires corroboration before it lead to a prosecution. The evidence of one witness alone is not enough to prove perjury.

A better charge would be perverting the course of justice. However, the practical reality is thats very rarely charged. The truth is that false allegations of sexual abuse are not nearly as rare as the press would have you believe. Witnesses regularly come to court and lie. If perverting the course of justice were prosecuted as potently as many substantive offences then really quite a lot would be charged. The trouble is that its not.

You can always take out a private prosecution against these accusers but there will be expense in that and CPS may take it over and drop it I'm afraid.

I'm very sorry but thats your position and I have to give you truthful information.

Can I clarify anything for you?

Jo

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