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: 69251
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

A family member was convicted of historical rape (no evidence)

Resolved Question:

A family member was convicted of historical rape (no evidence) from over 30 years ago. We still believe he is innocent but our barrister advised that we could not appeal because we had no new evidence and there was nothing wrong with how the trial was run.
Is there really nothing we can do
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
If it just comes down to the fact that the jury accepted the Crown's allegation then it is difficult to appeal.
You have to show that you have a ground of appeal rendering the conviction unsafe. Fresh evidence can be one ground. Another can be errors in law or in fact.
If this is a year after then usually you would need to find fresh evidence. If you cannot then, in truth, it would be difficult to appeal.
I am sorry as I don't like these stupid stale prosecutions either. If people cannot complain expeditiously then they shouldn't be allowed to do it donkey's years later.
Can I clarify anything for you?
Customer: replied 1 year ago.

Thanks for the quick response Jo, and yes it is as you suggested the jury sided with their version of events.

Can you clarify 2 points for me please.

1. "Rendering the conviction unsafe" is an unusual way of phrasing it. Do you mean simply that the conviction is wrong, or could you elaborate a little on the meaning.

2. Fresh evidence. The difficulty we have is the case is from 30+ years ago so there is no evidence as such that we can think of. Is there any types of evidence that are usually useful in old cases such as these?

I appreciate you won't want to go into lots of detail, but at a high level the prosecutions case made several mentions of a family member who was unwilling to appear in court (but had the opportunity to do so). If this family member changed their minds and would testify to his innocence, is that grounds for appeal? Our barrister advised it wasn't, because they had the original chance to give evidence and chose not to.

If you can respond to these points I'm happy to close and give a positive response.



Expert:  Jo C. replied 1 year ago.
1 Yes. It means objectively renders the conviction unsafe in the view of the Court of Appeal.
2 Fresh evidence could be anything. I haven't had vision of this case but it could include fresh witness statements if they go to the issue.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice