Any UK legal advice?

Discussion in 'Help Me! I Need to Talk to Someone.' started by firehawk1, Sep 12, 2009.

Thread Status:
Not open for further replies.
  1. firehawk1

    firehawk1 Well-Known Member

    as some may know, my wonderful relationship with my now ex partner was the best and so great. but came to a tragic end which I am not coping with as she got me charged with sexual assault and it never happened.

    I now have a court date coming up, but a commital hearing first to which I will plead not guilty.

    trying to get a solicitor and legal aid sorted out but apart from that, I have nothing. no way to proove my innocence. Sure, she was taking advantage of my finances at times but I thought I would be helping her through tough times, and we also become closer and what not, a great progression in a wonderful relationship but I guess love blinded me.

    I have no idea how to proove my innocence, and how to convince it. I am soooo scared, crying each day, unable to focus. I am also now on anti depressants and hopefully getting to see a councillor, all because of her.

    she knows my career is great and anything can jepordise it.... and well, she has done that pretty much.

    I am young (23), she was older (32 now) with 2 kids. but we had the best time and came to a tragic, unfortunate end for something she did wrong and overreacted.

    She knows im not like this at all, and I have a strong cultural upbringing. She knows im not violent or anything of the sort. so why such a serious allegation (but on a minor scale).

    What can I do? Please, someone.... help in any way. Please. :(
  2. drow21

    drow21 Active Member

    mate if there is any way i can help i will i can offer advice but id need to see briefs im afraid to offer any decent advice

    i need to know the articles of which you are charged with

    also, my advise is this, get character witnesses to prove that this is unlike you, friends, work colleges family also (only if you cannot get the first two) and anything else you can get to prove you wouldn't harm her

    ill give you any advice i can

    if you need my email ill offer it , i can support you any way you wish me to or not

  3. firehawk1

    firehawk1 Well-Known Member

    thank-you drow21 I appreciate this.

    yes I can get character references no problem. im sure if she was in the right mind, she would also "support" me but obviously she isnt and lets her friends interfere to protect her.

    the articles is just common assault no battery and sexual assault on a minor scale on top of clothing, but thats it.
  4. drow21

    drow21 Active Member

    they haven't said specific article numbers??

    it must be very weak case if that's the point, if she has her friend "act" as a character witness to say how you acted then if i was defending you id ask for any witnesses , that saw you that day are obviously biased,
    they knew you a limited amount of time and are unable to prove your a danger, unless they saw you say attack her and have photographic proof which i doubt from what you said

    my other piece of advice is to try to get a motion to dismiss on the grounds of insufficient evidence ,( if you have legal aid id ask him to do this FIRST!!)

    oh btw do you have any previous cautions or anything like that, sometimes prosecution lawyers dig up things

    im really sorry, if you want you can email me as im glad to help anybody with anything like this
    might as well use those 3 years of law school huh

    one more thing, if you have any points on your licence or ccj 's they can on occasion be against you
    Last edited by a moderator: Sep 14, 2009
  5. firehawk1

    firehawk1 Well-Known Member

    thanks. I appreciate that.

    no, I have had no records or any kind at all, and I don't drive. my record in all forms is clean and I want it to remain like that but I feel it won't be after this.

    there is no bodily harm.

    the section number is as follows:

    1) Section 3 sex offences act
    2) common assault

    I can get character references no problem, 4 of my friends will give me this.

    as to what happened overall:

    what happened was that all I wanted to do was talk to her and calm her down and talk things over, as this is what I believe in and always do and have been open with each other.

    she said no and i said please lets talk, so when she was entering her house, I also entered as the door was left open and thought that was an invitation.

    sat down, she did not even look at me but turned her back towards me and i said please, turn around and of course she said no.

    there were a few exchange of words (nothing of swearing or abusive nature) and then another friend of hers came to which at this point without my acknowledgement told her to go get help.

    I then said look, can we please talk in the kitchen to which she agreed. I told her to close the door, as its rude to talk/be in this mode when there is someone else present in the other room, and she did this.

    i asked her why she is like this and after everything she said about wanting me and "cannot live" without me etc... etc... and why she is behaving like this she just said to me just go, i cannot handle this and I said no, we need to talk about this properly.

    of course she and I was upset and angry I guess. I held my arms out to indicate that its ok, lets hold each other and calm down. I went closer to her and she was inviting then when I tried to hold her softly by the shoulders (her arms were crossed/folded and she was also wearing the jacket I had bought her a few months ago) and to give her a peck on the cheek, she said "no, off" and my peck went on her shoulders.

    I never even touched or looked at her breasts at all, nor am I this type of person and she knows this VERY well. In addition how would it even be possible if she had her arms crossed in front of her breasts?

    at this point, one of her friends "barged" into the kitchen opening the door, so I moved back so that the door did not hit me or my ex and she came in to open some wine.

    I then eventually left and of course got arrested.

    now, she is accusing me of touching her breasts and back and kissing her on the back - this was never true at all. all I did was to hold her softly by the shoulders and talk calmy as I am normally and to put any fear out of her because she knows I am not the violent type or any kind and that other people are feeding poisen into her to "get rid" of me for no reason at all!

    we were also due to get into the marriage stage as well, and a few months ago we agreed we would get each other an eternity ring, to which I did for her birthday last month.

    She also still owes me alot of money for a bail out I did for her and her kids as she was going to be evicated (and all this, at the beginning of the relationship).
  6. drow21

    drow21 Active Member

    use everything i mean everything, if she signed an iou for that loan for rent use it, if she borrowed anything in your name n you had to pay it use it, im sorry im not thinking too clearly atm sorry

    but definitely get that motion to dismiss on insufficient evidence
  7. firehawk1

    firehawk1 Well-Known Member

    indeed I gave my bank statement to my solicitor which includes the transfer of that money to her account in addition for me buying things for her, doing shopping for her, some cash/ATM transactions.

    as for the insufficient evidence, how would I go about doing that? I personally do believe there is not enough evidence but.... obviously its going this far which means it maybe true there is enough evidence?
  8. drow21

    drow21 Active Member

    ok a example on how sometimes these things can get picked up by the cps cost people loads of money and yet are stupid....

    mr a says somebody hit him there's no proof no marks nothing
    so mr b is charged with abh
    mr b says that mr a in fact trespassed on his property and he asked him to leave , yet mr a reported him for the "so called offence"

    cases like that appear about 15/ 20 percent of the time
    no proof pure hearsay and yet? they appear more than they should

    the motion to dismiss can be presented by your solicitor (or barrister if you have one), you just ask him to do this because of insufficient evidence

    heck you could write it , but i wouldn't advise it as courts tend to look on people who defend themselves as idiots

    well tbh your solicitor should have access to the evidence if there's a statement and that's it really id have submitted the motion before it came to court and i half suspect she will try to get you to pay her to drop the charges (that happens more often then you'd believe)
    hope that helps
  9. firehawk1

    firehawk1 Well-Known Member

    thanks, I appreciate it.

    there were 2 statements given as I said. one by her and one by her friend but her friend didnt see anything but only heard a few things.

    it still hurts obviously, as I miss her so much and we got on so great. but trying to control the emotions but difficult at times.

    id be surprised if the solicitor is able to even try to write a letter or something of insufficient evidence. otherwise surely it would have been dropped on or after the magistrates hearing?
  10. drow21

    drow21 Active Member

    well i did take my course 4/5 years ago but that motion can be presented at any time

    if you have any questions about anything ill be happy to answer

    mate try not to cry
    i know its painful n im sorry

    ill be happy to talk you through anything
  11. firehawk1

    firehawk1 Well-Known Member


    well yesterday, i got some random email from someone i dont know asking me why I was trying to join their "network" on MSN.

    no idea who it is, nor did I do such a thing and kept asking who that person was, and how they know my name. to which they didnt really answer the question but ended up saying that they called the police and have a no molestation order and will get me done for harrasment!

    now, I work in IT and know about all these things but no idea who this person is, and how they knew my name.

    I called the police and told them about this. And well, it seems from what we were thinking, its "her" or maybe her new partner (which is even more devestating if that were true, especially after again what we had and how deep/close we were plus its not been alot of time since we split)

    of course, ive saved this and will be given to my solicitor eventually.

    just would be nice to know who it is, as she is the one that only knows my email address I use and my name on that account! but wouldnt have thought she would step this low and what not, and also doesnt know much about computers either.
  12. drow21

    drow21 Active Member

    you could ask msn to track the ip of the person, if it is her or her new partner you can have them done for harassment

    though unfortunately you need 3 pieces of evidence to lodge a complaint n 5 for restraining order (unfortunately i have personal experience of this)

    but good luck and if you need anything im here
  13. firehawk1

    firehawk1 Well-Known Member

    indeed could do but dont think MSN will give out such information to the public/another user (I work in IT myself and know how this kinda works)

    just spoke to the police officer on the phone that is dealing with her/my situation so he is going to "ask her" and thats it.

    just wish i could contact her, obviously im not going to do that. but if she is with someone else..... shame. :(
  14. drow21

    drow21 Active Member

    i wish i could do more for you , but i think even if you contact her through somebody your breaching bail terms i guess

    you should ask your solicitor if they tack on any other charges (its slightly Gray area but it can happen)

    if you want to talk to her you could talk to her through your solicitor see if you can come to an agreement or something
  15. firehawk1

    firehawk1 Well-Known Member

    i dont think she has a solicitor to be honest, nor can she afford one.

    doesnt make sense anyway, after everything ive done for her and what we have been through, then her to do this or even to have someone else almost immediately. looks like someone recovered quite well after making a sexual assault allegation....
  16. drow21

    drow21 Active Member

    then the cps are prosecuting you on what hearsay? my god they must be desperate for results, be careful she doesn't slap you with a civil suit

    you see my legal training tells me that there's a way out weather through dealing with the cps or her though really depends on your legal aid lawyer

    however im available for any advice and or questions
  17. firehawk1

    firehawk1 Well-Known Member

    I appreciate it drow21, you really have helped me and some what comfort me.

    what are they basing it on? the wording perhaps, and another witness, who saw nothing but only heard "get off get off"
    I saw another advisor, and he basically said to admit to some of it, not all of it but adjust it slightly in that she was more dominant, she was older, took advantage etc... etc...

    true but, i cant admit something i didnt really do and it would say guilty from the time I would open my mouth.

    I saw something else. basically saw one of her profiles on another dating site and she last logged in on the 15 of may this year, but we were all great.... and yet she would always say that we are good and she loves us and she hasnt given me a doubt or reason in thinking that she is cheating nor does she believing in cheating....

    but then why go to a dating site when we were great?

    seems to me, she was kind of planning this.....
  18. firehawk1

    firehawk1 Well-Known Member

    sorry to ask.

    would it even be possible for a case like this to be dropped even though it is preceeding to the crown court?

    further more, how can it be persuaded or get the case to be dropped?
    there is no physical damage on the person,
    we were both upset/distressed
    she agreed to meet and consented to go into the kitchen for a private talk
    she consented for me holding her/hugging her.
    have the emails to prove that she loves me, wants to meet up etc... etc... on that week
    i have no records of bad at all
    this can seriously impact my career immediately
    she knows im not this type of person, and I can obtain character references no problem.

    on a seperate OT note, just wish she would see sense and talk to me or something. but obviously, she must be with someone else pretty quick (given that she is a mom!)... and it would be 1 month tomorrow for this incident.

    so confused, betrayed. yet she says she isnt like this. hmm... yeh.
  19. firehawk1

    firehawk1 Well-Known Member

    didnt get as much time with the solicitor but got another appointment next week.

    just went through "my" statement, still to be completed. she said its good but I did ask if I would go to prison to which she said, it is possible.

    but makes no sense. its a minor thing on the scale.

    i did ask if the case can be dropped, to which she said it is possible at the commital hearing but she will need to see if she is there and speak to the prosecutor. thing is, there is no evidence apart from her word against mine.

    drats. what can I do. :(

    miss her terribly and wonder what she is doing these days. must all be happy happy happy, with someone else.
  20. drow21

    drow21 Active Member

    possible but unlikely, esp for first offence , look put it this way,if you get put inside ill help you anyway i can ,

    wait a second
    you don't have an official stament and its at trial?????

    ok thats really wrong, can i ask what area your in ie what police force your with?
Thread Status:
Not open for further replies.