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: 70516
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My husband was in court on 16th February of this year and

Resolved Question:

Hi my husband was in court on 16th February of this year and was unfortunately found guilty of sexual assault, which he did not commit. His so called vic***** *****ed all the way through the trial, with Facebook messages that the judge actually saw in front of him and with no evidence or proof of the night in question, whereas, my husband had every proof and evidence going from photos to character references, statements and even doctors letters. She also wanted to be behind a screen during the trial because she said she was "scared" of my husband, yet 2 hours later during lunchtime when the court was empty and with no security in sight she walked past my husband laughing and giggling and even threatened my daughter by saying "I'm gonna bash her head in and I don't care". I was hoping there would be cctv footage in court of the way she acted and could this go against her. Also the same girl accused someone else of the same thing in May of this year and then apologised to him that she lied. Could this also go against her as a bad character. I just need some advice as it still upsets me and especially my husband that she could lie in court in front of a judge and get away with it.
Submitted: 1 month ago.
Category: Law
Expert:  Jo C. replied 1 month ago.

Isn't it rather too late for bad character now?

Customer: replied 1 month ago.
Maybe, but I thought lying under oath was an offence in itself. I know we've left it late but I just needed the advice. Thank you for your time and help
Customer: replied 1 month ago.
Hi JoI'd like to thank you for your time and your answers you've given me today. I'll sign off now and once again thanks.
Expert:  Jo C. replied 1 month ago.

Well, the problem is that to appeal you have to raise evidence that the conviction is unsafe.

This nonsense with special measures is actually quite common. Very few of them need special measures. We just live in a society where people want anything that is free or at least people who generally make allegations of sexual abuse tend to be the type of people who do.

The fact of a previous allegation is something that would have been disclosed and could have been used but was not I suppose for a tactical reason. Certainly an admission of a lie would be bad character and would probably be admissible.

Whether that renders the conviction unsafe though is another matter. This is quite unlikely to be fresh evidence apart from anything else.

Can I clarify anything for you?

Jo

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 month ago.
No clarification needed thank you. As I haven't become a member I don't think we'll be speaking again so I'd like to thank you once again for your time.Kind regards