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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34236
Experience:  family solictor with 25 years experience
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Domestic v and rape charges

Customer Question

Domestic v and rape charges
Submitted: 8 months ago.
Category: UK Law
Customer: replied 8 months ago.
Hi. Im trying to withdraw my support for a prosecution as i dont want my husband to potentially go to prison and loose our family home. I made a stupid mistake of saying that he had sex with me while i was asleep which i didnt mind but the police twisted it and have now charged him with 3 counts of rape. Please help me what can i do. I dont want us to suffer anymore and my daughter misses him so much. Thanks
Customer: replied 8 months ago.
Sorry they initally asked if he had ever forced me too have sex which he hasnt at all. Then inoccently my answer to the next question was yer maybe a few times hes been having sex with me but i may have been asleep when he started. Therefore they took that as rape / non consensual act and have charged him. Im so upset about it as my intention was to never get him into trouble. I want to end this now. I no longer support the prosecution and dont want to give any further evidence. Would this potentially get the case discontinued as this isthe best option for our family. My child will suffer. We would loose our home. He would loose his job and i dont want that to happen. Please help me . Thank you
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you.

Just to be clear, the witness statement you gave, was that true or untrue?

Customer: replied 8 months ago.
It was true but i dont want to proceed
Expert:  Jamie-Law replied 8 months ago.

Ok. You need to give a statement saying that you do not support the prosecution. The police may or may not drop the case.

Don't say it's untrue just that you do not support it. The police could drop it. If they do not then you could refuse to give evidence.

Can I clarify anything for you about this today please?

Customer: replied 8 months ago.
Im confused and scared to go to the police as they are very intimidating. Would i be able to hire a solicitor or get the police to meet me at the law firms place.
Expert:  Jamie-Law replied 8 months ago.

Unlikely. You can take a solicitor with you whilst you give a statement not supporting the prosecution.

Does that Clarify?

Customer: replied 8 months ago.
But would they not apply pressure on me to continue with it. They may start asking questions why i do not want to proceed. Whatis the best course of action for this any advice would be great.
Customer: replied 8 months ago.
Is it called a retraction statement?
Expert:  Jamie-Law replied 8 months ago.

No. Retraction is where you say you made it up. This is giving a statement saying you don't support the prosecution which is different.

Does that clarify?

Customer: replied 8 months ago.
desire to give an existing relationship a chance and not wanting my child to suffer. Loosing our home. Him loosing his job are these acceptable reasons. Or could you give me something more
Expert:  Jamie-Law replied 8 months ago.

None of these are acceptable.

The only one is not willing to support the prosecution - that is it.

Does that clarify?

Customer: replied 8 months ago.
a statment saying im not will ing to supportthe prosecution i dont have to clarify why? Do i need to say anything about not wanting to give any further evidence? Thanks
Customer: replied 8 months ago.
Also would they issue a summons for me to attend crown court as its a dv case and im vunrebale and dont want to give evidence at all
Expert:  Jamie-Law replied 8 months ago.

Correct. That is it. They could try and issue a summons but you just make sure you are out that day.

Or go to Court and just dont say anything.

Does that clarify?

Customer: replied 8 months ago.
If i dont say anything isnt that contempt of court. And isnt it a criminal offence to ignore a summons. Wont they issue a warrant for an arrest. Would this potentially weaken any chance of a prosecution which is what i want to happen. Thanks
Expert:  Jamie-Law replied 8 months ago.

No, if you dont remember you dont remember. As for the summons, people get those all the time and dont turn up at Court. In 99% of cases nothing happens. The 1% the Police go round and pick the person up and take them to Court.

So that is why I said, make sure you are not home that day.

Does that clarify?

Customer: replied 8 months ago.
Even if its a rape case and domestic violence. Wont it just be adjourned
Expert:  Jamie-Law replied 8 months ago.

No.

The Judge will want to go ahead

Does that clarify?

Customer: replied 8 months ago.
Right ok so they would proceed without me? They wont be able to cross examine so that will big a major factor i assume. Sorry for all the questions ive never been in a situation like this before.
Expert:  Jamie-Law replied 8 months ago.

Yes they would proceed without you.

Does that assist?

Customer: replied 8 months ago.
But how is the defendant meant to defend himself if im not there
Expert:  Jamie-Law replied 8 months ago.

Because the prosecution HAS to PROVE that it happened.

Without you there they can NOT

Does that clarify?

Customer: replied 8 months ago.
the case would collapse
Customer: replied 8 months ago.
i could just walk free and my husband walk free
Expert:  Jamie-Law replied 8 months ago.

It may collapse and he could walk free yes.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Customer: replied 8 months ago.
Just one last question will i get in trouble after the case if i didnt turn up
Expert:  Jamie-Law replied 8 months ago.

No. They cant prosecute you.

Does that clarify?

Customer: replied 8 months ago.
Is that 100% true as i dont want to get in any trouble at a later date
Expert:  Jamie-Law replied 8 months ago.

Yes

Does that clarify?

Customer: replied 8 months ago.
would it be safer to withdraw support or just not turn up to court
Customer: replied 8 months ago.
Or do both
Customer: replied 8 months ago.
Are you a uk solicitor
Expert:  Jamie-Law replied 8 months ago.

Both. Yes I am a Solicitor of the Senior Courts of Her Majesty's United Kingdom of England and Wales.

Does that clarify?

Customer: replied 8 months ago.
If i withdraw support wont they issue a summons to attend. If i dont withdraw would they still issue a summonds to attend as a witness
Expert:  Jamie-Law replied 8 months ago.

They might, but as we have discussed already you can not be at home that day.

Does that clarify?

Customer: replied 8 months ago.
Right ok so the crown court would not adjourn to issue a summons and issue a re trial date
Expert:  Jamie-Law replied 8 months ago.

Very unlikely but possible

Does that clarify all of your questions?

Customer: replied 8 months ago.
if they issue a summons for a re trial would i be obligated to attend. From your experience what would you recommend is the best course of action ? To use a solicitor to make the withdrawal or can i make this request the witness case officer. I just dont want to contact them and then they come to my house to interigate me and asking if ive been influenced etc. Thanks
Expert:  Jamie-Law replied 8 months ago.

The same advice applies. I have already outlined what you should do - give the statement and make Sure you are not home on day of trial.

Does that clarify?

Customer: replied 8 months ago.
Ive just read another solicitors comments on here jo c. She advises not to try and withdraw support as this will tip the police and then they will issue a summons for the 1st court hearing
Expert:  Jamie-Law replied 8 months ago.

They may or may not. But if you dont withdraw you WILL have to attend.

So its up to you. You either withdraw and see what happens, or you dont withdraw and you go to Court and give evidence against your partner.

Do you have any other questions?

Expert:  Clare replied 8 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

IN fact Jo is correct - if you tell them in advance they will summons you.

If you are determined to help your husband in this way then you should attend court, enter the Witness stand and simply say that you have no memory of events and do not wish to give evidence - you cannot be forced to do so - nor penalised for not doing so

However you also need to be aware that Social Services will be involved with regard to the possibility of your husband returning to the family home whatever the outcome of the case