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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75771
Experience:  Over 5 years in practice
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My partner has been recently convicted of a assault

Customer Question

My partner has been recently convicted of a sexual assault allegation. There was no evidence other then the girls version of events but even in her version doesnt claim he ever touched her sexually but apparently tried pulling her tights off from her ankles. Where would we stand in an appeal. The judge also sentenced him on the fact he must of done it because the judge believed my partner is highly sexed and because I was pregnant at the time he must of done what she claims
JA: What was the conviction for exactly? Have all appeals been exhausted?
Customer: His solicitor and barrister said he has no action for appeal Sexual assault
JA: Where did the sexual assault occur?
Customer: On side of a main road in summer time
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There was a van that stopped when saw girl upset and because he took her shoes to teach her a lesson
Submitted: 14 days ago.
Category: Law
Expert:  Jo C. replied 14 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 14 days ago.
I also felt he didnt really have much communication from his solicitor between
Expert:  Jo C. replied 14 days ago.

How can I help with this please?

Customer: replied 14 days ago.
My partner stopped his car and confronted a girl when on way home from fishing and in a temper took her shoes to teach her a lesson and she then accused him of sexual assault which he was convicted of.
Expert:  Jo C. replied 14 days ago.

Ok, so what is your question?

Customer: replied 14 days ago.
Before his trial started he only saw his solicitor once and barrister twice to build his case and feel that they didnt really help or look into things hence why he got convicted
Expert:  Jo C. replied 14 days ago.

So what would you like to know about this?

Customer: replied 14 days ago.
There where a witness who never got quizzed by his defence team and when the witnesses for the accusers side where called werent really quizzed. Plus when the girl claimed the ladder in her tights that she had been wearing alday at school out with friends and in a park and she said only way it could of happened was by my partner
Customer: replied 14 days ago.
Do we need new evidence or just someone else who wants to look go over the case to see if anything was missed and we stand a choice for an appeal
Expert:  Jo C. replied 14 days ago.

 

Thanks for the information and the time.

 

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

 

This just comes down to the fact that the jury believed the prosecution case. That is something they are entitled to do.

 

You cannot appeal from a jury decision just because you disagree with the verdict. You need to have specific grounds of appeal. You would have had advice from the original barrister upon chances of appeal. If those were negative then there will be no legal aid for appeals.

 

You could pay privately for another counsel to look at this. There are no guarantees of success though obviously.

 

The best chance is to secure fresh evidence but that is hard to do here.

 

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

 

Hope this helps. Please let me know if you need more information.

Customer: replied 14 days ago.
Thanks
Expert:  Jo C. replied 14 days ago.

 

No problem and all the best.

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Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/