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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70202
Experience:  Over 5 years in practice
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My husband was recently found guilty of raping a minor. He

Resolved Question:

My husband was recently found guilty of raping a minor. He has a medical history which shows that he may have had issues with actually being able to do the things that the victim claimed. Also on my statement that I gave to the police, the date was different to the actual date I gave it. Noone seems to think that this is important. Also my husband is in a wheelchair and is being housed in an inadequate prison where even getting a simple thing like a shower has taken weeks. Can anything be done please?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What are you hoping to do about this?

Are you asking if you can appeal?

Customer: replied 1 year ago.
as I feel that my husband's medical evidence was not used correctly. I feel that if a date can be altered, what else was?
Expert:  Jo C. replied 1 year ago.

Well, if this is a historical allegation then dates will be fluid.

Also, there is always the possibility that they just rejected your evidence. One side is always going to be believed over the other.

indictments are generally drafted to include specimen counts so that dates are not all that important where ongoing abuse is alleged.

There are a lot of false allegations but this specific evidence doesn't render an allegation automatically false.

If you ask a more specific question I might be able to offer more.

Jo

Customer: replied 1 year ago.
are you saying that it is not important that the police changed the date of my statement and it was used in court?
Also, it seems that it was not important as to whether my husband was physically capable at the time of the alleged abuse?
Expert:  Jo C. replied 1 year ago.

Not really. Unless the date is a material averment.

To be wholly honest, it is not likely he was not capable. There are very few people who are not capable of abuse and usually they are the ones lying in a coma. It is not an act that demands much dexterity.

There are lot of false allegations but it does not prove that this one was not true to say that he was in a wheelchair.

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