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How can this be fair?


Saffy

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Posted

Someone I know was sexually assaulted by a so called friend this year. He initially pleaded guilty then changed it to not guilty .. it went to Crown Court.

 

The verdict .. a caution .. and a cautionary tale not to get too drunk in future .. and no, not even on the sex offender's register.

Posted
Someone I know was sexually assaulted by a so called friend this year. He initially pleaded guilty then changed it to not guilty .. it went to Crown Court.

 

The verdict .. a caution .. and a cautionary tale not to get too drunk in future .. and no, not even on the sex offender's register.

 

Hard to say with all the facts.

Posted

I got beaten to within an inch of my life, ended up with brain damage and thought I'd never walk again. The people responsible got a caution, a conditional discharge and £100 fine....

 

Justice system for ya

Posted

The verdict....a caution???

 

Surely if it went to Crown, a verdict of either guilty or not guilty has to be returned, or else the case dismissed by the judge with no case to answer or some other legal technicality. Only the police give a caution afaik and isn't a possible outcome once it goes to court?

Posted

Oh apparently it was with at a friend's house .. and they'd all gone to crash there to save taxi fare and three of them dropped off on the sofa .. this is when it happened.

 

None of the "friends" there wanted to make a statement because ... well, we're all friends ..

Posted

I would guess that there is slightly more to this story than you have actually been told Saffy.

Im not defending the guilty but for the accused to be found 'not guilty' at Crown court, there simply must have been 'evidence' or testimony in his favour. If the evidence/testimony had favoured the 'victim', its pretty sure that he would have been found guilty as charged. As you mention that drink was a factor.. i suspect that you have only been told half a story or a 'not so true' version of the facts by the 'victim'. Versions that can change dramatically when under oath.

I hope your friend comes to terms with this soon.

Posted

Thank you Mr. Squirrel .. and for your sensitivity. I find it hard that the fact that permission was not given to touch her private parts and she woke to find him doing so, hard to get my head around. After all, if it was consensual why put yourself through the hell of reporting this to the police ... of being humiliated, if you did not think you were not guilty.

Posted

I understand what your saying Saffy, however i think we all know how alcohol affects ones inhibitions and its clear that alcohol was a factor in this situation. Im not saying that this is exactly the case but to play devils advocate, its possible that prior to all falling asleep, effectively together, that perhaps a little good natured flirtation had taken place and under the influence of alcohol, things had just gone a little too far? It seems that the guy in question ceased his 'advances' at some point following her protestations and the fact that the other friends were reluctant to make statements/testify suggests to me that the situation was probably not so severe as to warrant criminalising somebody forever. Again, im not defending a criminal act.. im just inclined to think that this was little more than a regrettable misunderstanding borne out of drunken naivety.

Posted

Remember that it's not enough merely for evidence to indicate that an assault was committed. There must be no reasonable doubt.

 

Without knowing either the character of the victim, or any of the details of the case, I must point out that a woman saying "I didn't give permission" and a man saying "she did give permission" definitely does count as reasonable doubt. Unless there is more to go on than one word against another, there can only be a verdict of not guilty.

Posted
I got beaten to within an inch of my life, ended up with brain damage and thought I'd never walk again. The people responsible got a caution, a conditional discharge and £100 fine....

 

Justice system for ya

 

There are plenty of ambulance chasing firms that will take up your case... if the perpetrators have any assets worth chasing.

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