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How can I recant my statement I made against my husband for…

How can I recant...

How can I recant my statement I made against my husband for assault, I was sleep deprived and stoned when I made the statement

Lawyer's Assistant: What province are you in? It matters because laws vary by location.

Ontario

Lawyer's Assistant: What steps have you taken so far?

None so far, it happened back in April of 2017 but his lawyer said he is coming by to take a statement from me before the prelim

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t want to get in trouble for changing the story but some

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Answered in 10 minutes by:
3/25/2018
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,748
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

Your husband's lawyer is coming by to take a statement? Have you been in touch with the Crown through Victim / Witness services?

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Customer reply replied 3 months ago
I have told victim witness that the situation was taken out of context and I don’t not know who the crown is, my biggest fear is getting in trouble during the prelim, my husband has a addict at the time and has told this to the court as well......I’ve told victim
Witness that when my husband was sober he would never do anything to me........and that I am only worried about his behaviour when he is under the influence....... My husband has 24 counts of assault against him, some from as far back as 7 years ago, when I made the video statement I was sleep deprived and stoned and had 3 drinks......I was questioned for 6.5 hours and do not REMEBER everything I said......he has a prelim date in the next 2 months and I want to recant a large portion of my statement because of the fact the bruises where not from
Him hitting me but was from rough consensual sex......and.the crown is asking 3-5 years!!!!!! I am so beyond devastated by this....we have two children and I don’t want to lose my husband for that long of a time!!! He has been in jail since December 2017.......I am really scared to recant because I don’t want to get in trouble ....please help
Customer reply replied 3 months ago
My husband got out on bail back in April and he has been sober ever since!!! We where working on our relationship and we where the perfect family! He treated me like a queen....and then he was charged with a breach in December because he was caught at my house......I am so scared of what was taken out of context and that if I try to tell the truth that I will Inturn get into trouble.....

I understand that you don't want to make things worse, but you're your correct that if you fully recant that you could be in trouble too.

You need to speak with your husband's lawyer and ask him a few questions, in particular does he believe that you could be charged if you change you story, and whether the Crown is likely to convict if you don't testify at all. That will depend on whether there are any other witnesses or independent evidence. You may need to get your own lawyer moving forward.

It's rare to be charged for changing evidence, but it can happen. Have an honest talk to the lawyer before they prep you for the prelim. I know what you're trying to accomplish but there are no guarantees, no matter what you decide to do.

Does that make sense?

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Customer reply replied 3 months ago
It’s not that I want to recant my entire statement, there where 3 times that while my husband was under the influence of cocaine that he did get physical with me , it’s more the fact of the other marks that they are charging him
For , me and my husband have been together for 9 years and have a very health sex life but we do enjoy rough moments
In the bedroom, but those marks where turned into assault charges
Customer reply replied 3 months ago
I made a video statement for the 6.5 hours and the police went through my phone and everything, as I said I was sleep deprived and tipsy and stoned at the time of the statement

I'm here. If you're confident of what your version of events is moving forward, then communicate that to victim / witness who will tell the crown, tell your husband's lawyer, and when the crown asks tell them too. The most important thing is to be firm and consistent moving forward, whatever it is.

Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,748
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified
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