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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

R-word apologists on jury service. I am scared now.

118 replies

keepingmum121 · 29/03/2015 23:20

This is only in AIBU because the thread that inspired it is also here.

I have reported a 'R' against me a few months ago and the process of the investigation is very trying (to say the least).

Now I am absolutely terrified that if this goes to court, there might be people on the jury with similar opinions as some people on that other thread (I hope you know which one I mean).

Do you know, are the jury told in NO uncertain terms what the definition of R is before proceedings commence? Are there efforts made to eliminate people who excuse the man who did it for stupid reasons?

I'm scared :(

OP posts:
OvertiredandConfused · 30/03/2015 17:46

OP, your comment about having consented previously struck a chord with me. I wondered if you've ever read this article explaining consent. Consenting once is just that, consenting once.

Also, one of the charities, Rape Crisis perhaps, could help you to better understand the trial process.

You are very brave and I believe you.

Andrewofgg · 30/03/2015 17:55

If in England, a majority of ten will do after at least two hours' deliberation.

Mandatorymongoose · 30/03/2015 18:02

We're going through something similar OP and I totally understand your fears. In my case it's not me but my DD who was attacked.

We've just found out it's definitely going to court and to be honest I'm terrified about it. I know it's the right thing to happen but the problem in these situations is that the defences aim is basically to do whatever they have to to prove you are a liar and it just seems so brutal and awful Sad .

Thanks for you and I hope you get the outcome you deserve but know that whatever happens I believe you

keepingmum121 · 30/03/2015 18:43

Oh no! That is just horrible beyond words! I feel sorry enough for myself, but if this happened to either of my dds I don't know what I'd do with myself. It would certainly bring out all the latent fury in me. I wish you and your lovely dd all the best and for justice to be done.

How do you do those flowers on mn??

OP posts:
waithorse · 30/03/2015 19:09

I hope you get the justice you deserve. Good luck. Thanks

WhoseBadgerIsThis · 30/03/2015 19:34

I can't advise you on any specifics unfortunately, but I wanted to voice my support for you, and to say you are incredibly brave! You may not feel it, but trust us, you are!

Binkybix · 30/03/2015 19:39

Sorry just one more thing - the cross examination won't definately take 3 days like another poster described.

PilchardPrincess · 30/03/2015 19:50

I think you need some support IRL, questions like are you the only witness (ie have they got other victims) I would have thought the police would be able to tell you? Or not? Do you have a liaison officer or something?

Also like others say about Rape Crisis maybe they can help and they will have lots of experience with the court process etc.

Only thing about seeing a counsellor / psychiatrist, I'm not sure if you're allowed to do that before the trial? So please seek real life advice before taking any steps. Ringing the Rape Crisis people mentioned upthread seems like a good place to start.

You are very brave.

PiperIsTerrysChoclateOrange · 30/03/2015 19:50

Not many rape cases go to trail, the cps must have some very strong evidence for it to go to court.

You are very brave women, well done in reporting this scum to the police.

keepingmum121 · 30/03/2015 19:56

I would love to know what evidence they count as 'strong'. There are texts from him to me that could possibly help me and photos of bruising. Other than that, it is only my statement and things I have written down about it. Am I even allowed to say this here? I feel trapped. Like I can't process this because I could somehow harm my case.
I can't bare to think that very few cases even make it to court. That is my dread :(

OP posts:
TheCatsFlaps · 30/03/2015 20:11

In terms of 'strong' evidence, it all depends on the individual circumstances of a case. Credibility will be one of the things that the CPS will assess, forensic evidence (for example, tearing inside the vagina or rectum can indicate force was used), the bruising and what you reported to medics.

I know that you are worried about the precise order of events and that you will confuse yourself. I still think you need to get things down in writing so that you are clear, as the CPS will need just as much clarity as a court and jury will later.

In terms of what you should and should not say, I don't think you've said anything overly prejudicial. You have not named the accused and are asking for advice in such general terms that I think out of many thousands of similar cases, it would be most unlikely that you would be identified. That said, this is an internet message board accessible to all, so I would not be inclined to post something that could identify you.

Sadly I think that the bastard who raped you continues to exert control over you, as he has you so worried about everything that it is all pervasive. There's no easy answer to that, but try and get through the counselling. You need to take back some control in this situation, the best way you can do that is by not doubting yourself or the outcome.

SabrinnaOfDystopia · 30/03/2015 20:19

OP, if it goes to court you will be offered the witness support program - they will show you around the court before the trial, which helps a lot.

You will be able to sit in the witness support room, so you will not have to see him/his family. I think you can also ask for an escort in/special entrance into the courtroom, so you won't bump into him (we bumped into the accused on the bloody stairs - gawd knows what he was doing there, he shouldn't have been there!) You can have a curtain up in court, so you don't have to look at him. You should also have a police liaison officer? They should be able to give you information too.

Texts and photos are excellent evidence. The most important evidence is your testimony - speak honestly, clearly and tell them everything. Keep calm - they will try to rile you. Cry if you need to. Be very sure of your timeline - they will jump about to try and catch you out.

You can always get this thread deleted, print it off first though.

YoullLikeItNotaLot · 30/03/2015 20:26

I've been a juror on a rape trial.

I can assure you every juror took it very seriously - there were no preconceived ideas expressed.

The judge was also very clear that the person on trial could not use alcohol as an excuse as being reckless as to whether the other person consented still counted as rape.

The person on trial had a female barrister - I've since heard (anecdotally) that it is a common tactic as if to say "look I'm a woman and i think he's innocent".

Summerbreezer · 30/03/2015 20:26

Hi OP,

I am a barrister and defend and prosecute quite a lot of rape cases. Please feel free to PM me if I can assist with anything.

Summerbreezer · 30/03/2015 20:27

The person on trial had a female barrister - I've since heard (anecdotally) that it is a common tactic as if to say "look I'm a woman and i think he's innocent

Barristers do not necessarily believe in their client's innocence.

YoullLikeItNotaLot · 30/03/2015 20:28

Sorry, my last point wasn't right. I just meant to say, don't be surprised if he is represented by a woman.

FatherHenderson · 30/03/2015 20:36

Also, it's thrte CPS who decide to prosecute, not you. It's not you vs him (although it may feel that way), there will be a solicitor and a barrister fighting to put him away. Yes, you are crucial to the whole thing, but it is not your responsibility. how the trial goes is not just down to you so please, just do your best, and be proud for being so brave.

Andrewofgg · 30/03/2015 20:54

I think it's right that more rape-defendants are defended by female than male counsel - whether they hare more likely to get an acquittal I have no idea and I doubt if anyone is counting.

Sabrina How much separation there can be between the witness and the defendant and his family depends on the layout of the building - if your defendant was on bail and there was no other way in or out meeting him was just bad luck.

Curtains are found in all Crown Courts - they screen the defendant from seeing you or you him, but again depending on the layout of the courtroom you may find that his family and friends, if they are in the public seats, can see you. Courtrooms have generally been reconfigured recently to stop the public seeing the jury for obvious reasons.

All the best and MN is behind you.

keepingmum121 · 30/03/2015 20:55

Bother! I was part way through typing out a long post when the track delivery man arrived and I lost it!

I was just wanting to thank you all again because so many of you are answering my questions and more questions I hadn't even thought to ask!

Summer, I would love to ask you a whole load of questions but they would involve telling specific details. I feel afraid to type those out. I don't really get why doing so would harm my case, but I accept that it could.

Would you allow me to hand write to you and post?

The police are yet to forensically examine my laptop so I suppose this thread will be also read.

Actually, that is one thing I want to know: what exactly are they looking for on my computer (over and above anything I have written to and received from him)?

OP posts:
Chimchar · 30/03/2015 21:01

Hi. I'm really sorry you're having to go through this. Well done though, because you are doing a very brave thing.

I had to go to court as a victim of sexual assault. It was a few years ago, but I had a lot of help through victim support. They didn't help me with any questions about what happened to me, but more to do with what will actually happen on the day..who will be there, where people will be sitting, what kind of order things will run to, who will be asking questions, who is allowed in the court, where you will wait to be called, etc.

It helped me a lot to get some of those questions straight in my mind.
The whole thing was very draining, but a lot easier that I had expected it to be.

Good luck x

GunShotResidue · 30/03/2015 21:13

I just want to reiterate that the vast, vast majority of people on the other thread agreed it was rape, much more than 10/12 people. We believed her and we believe you.

Summerbreezer · 30/03/2015 21:29

OP, I will PM you.

But please please realise that the police are very very unlikely to read this thread. Even if they do, what possible harm can it do your case? I understand your paranoia, but you are safe here. You have not said anything overly specific, and sadly your anxieties are extremely common amongst those in your position. I can think of hundreds of women who could write the exact same thing.

I think it's right that more rape-defendants are defended by female than male counsel I have never seen any statistics to support this. It may be a woman, it may not be.

Curtains are found in all Crown Courts - they screen the defendant from seeing you or you him, but again depending on the layout of the courtroom you may find that his family and friends, if they are in the public seats, can see you.

This is not correct. If a witness is granted permission to give evidence from behind a screen, they will be screened from EVERYONE except for the judge, jury and "counsel's row" (the first row of benches where the barristers sit). People in the public gallery will not see the witness enter court, leave court or give evidence.

I don't wish to sound picky, but I do believe this is the kind of thread where accurate information is an absolute must.

Summerbreezer · 30/03/2015 21:33

Actually, that is one thing I want to know: what exactly are they looking for on my computer (over and above anything I have written to and received from him)?

I am sure they are looking only for evidence of the communication between the pair of you. They are looking for evidence to support the prosecution case.

The fact is, for the jury to convict they must be sure of guilt. It is a high standard, and it is right that it so high. But it does mean that in cases of "private" crime, as rape often is, the police are searching around for supporting evidence. That does not mean that they do not believe you OP, or that the jury do not believe you.

SabrinnaOfDystopia · 30/03/2015 21:51

Andrew, I believe summerbreeze is correct when it comes to screening the witness. In the case I gave evidence on, the courtroom was cleared while the victim entered/left the court. She was curtained off and the only people who could see her were the judge, the jury and the barristers.

The point about meeting him on the stairs was that he had no reason to be up those stairs at all - but thankfully the victim wasn't with us, the court took great care in making sure she would not meet up with the accused, even on a stairwell. She was given a security escort via the back entrance of the building. I don't know if this is common for all courtrooms, but it was very comforting for her.

amarmai · 30/03/2015 22:21

Hi OP, I was a witness in a case where i knew the victim on a professional basis, not personal -not even a cup of coffee. Still the lawyer summed up that i was a friend. I regret not calling out 'NO' . Use the questions to say you need to say and do not allow yourself to be misrepresented by the lawyer for the defendant. Do not answer his/her questions right away, answer it after you say what you you want the jury to know. I was also on a jury for a rape case and the young woman had a support worker with her. You need to talk this out before the case and get all the support you can. Best wishes in your life enhancing struggle.