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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16132
Experience:  30 years as a practising solicitor.
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I’m trying to help a friend who back in 2014 was accused of

Customer Question

Hello. I’m trying to help a friend who back in 2014 was accused of sexual assault. He was taken by surprise after a phone call by the police to pop into the station for a chat. He was arrested and charged. The duty solicitor was called and he was bailed. He met with his solicitor who after being repeatedly told he hadn’t committed the alleged crime has said well it’s your word against the other guys why don’t you admit something happened and you will get a slap on the wrists. The solicitor asked him to sign agreement to that which he stupidly signed thinking he would appear in court get the slap on the wrists as predicted by his solicitor and that be that. On the day of the hearing he ended up being sentenced to a year which he served 6 months and of the sex offenders register for ten years. Now this has left has mentally scarred and also suffering PTSD. I need to know if there’s anywhere we can take this as there were witnesses to confirm the events didn’t happen as per the complainants version and that no way should he have been asked to sign any agreement as if it had went to court then it would have been not proven or not guilty given there were evidence for his side. But scared and never having been in an inch of trouble he signed not knowing to outcome. Any help would be very much appreciated
Assistant: What were you convicted of exactly? Have all your appeals been exhausted?
Customer: Sexual assault
Assistant: Where did this occur?
Customer: Scotland
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Any help would be greatly appreciated
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
There was sexual activity between the two but it was most definitely consensual. This is the thing that is getting to him more as it was fully consented. I’m not going behind his back as he’s sat with me knowing I’m typing this
Expert:  oleksandrav-mod replied 1 year ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.
I will wait
Expert:  JGM replied 1 year ago.

Thanks for your question. After the passage of this amount of time the only possible course of action is the Scottish Criminal Cases Review Commission. Here is a flowchart you can use to see if there is a possibility of the case being accepted. If the answer to that is no then there is no remedy for your friend. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for my time.