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: 71159
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I was originally arrested in April 2014 and then

This answer was rated:

Hi i was originally arrested for rape in April 2014 and then released with out charge for 10 months. The PPS (NI) then decided to charge me, I am now facing a trial in two months and they have added another charge of historical rape just before i pleaded not guilty. I have spoken to my barrister who has said that I have a good case. However there is a call which the complainant made to the police non emergency number, she had consumed alcohol and there is no forensic evidence of an assault. Should i take it from the barrister that she is positive about my case as a good indication?, i have been dealing with this for 2 years now. Thanks
What is the relevance of the call?
Customer: replied 2 years ago.
she had called 101 non emergency crying and stating that she needed help then hung stating that i was coming back into the room when i was not. she had consumed alcohol and had fought with myself and her mother over the phone, she also has a history of mental illness and depression. I am just worried about how the call will come across at trial, but over all my barrister said that i had a good case.
Customer: replied 2 years ago.
i had no bail conditions attached to me as I have been fighting a non mol also, she has also made a serious sexual allegation against my solicitor who is dealing with the civil case. My solicitor has since sent her a letter warning against slander. The complainant is unhinged and has been in a new relationship since may 2014 before i had even answer bail after six weeks!
What is your relationship with her?Of course she is unhinged. Normal women get through their whole lives without ever even once taking out non molestation orders and accusing all and sundry of abuse.
Customer: replied 2 years ago.
we did have sex but no medical evidence stating she has been forced or attacked which she was not
Ok. so is she a former partner?
Customer: replied 2 years ago.
she is my ex partner
Customer: replied 2 years ago.
i was arrested that night
The call is a weakness in your defence. Immediate complaints are always a challenge for the defence. There are false allegations. Quite frankly I believe the majority of allegations of sexual offences are without merit for lots of reasons. Some are malicious. Some are just weak. The point is that the majority are not true in my view.If you are saying you were not there that night then I would get cell site analysis upon your phone. If that alibies you then that is very helpful.If you were there then you will have to explain why she would make false allegations. If she has a history of doing it then that might point to it just plain being her habit to make allegations of abuse. There are many women who do that.
I wouldn't worry about the historical rape. It will just hang on her unbalanced testimony. If they don't believe her on the primary rape they are not going to believe her on the historical rape.
Generally speaking if you are told you have a good chance then you probably do. Rape is an allegation that is far too easy to make.Can I clarify anything for you?Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
No thank you
No problem.All the best.