My abuser had submitted my sex video as a evidence against coercive control charge

[Simplycomplicated1]

My case is during the pre-trail stage at Crown Court, and my officer in charge just told me that my ex has submitted a sex video where I've asked him to slap me and spit on me (yes, my officer has seen me having sex). I'm mortified that this video will now be played before the jury. I don't even understand how something like this was submittable when he didn't give the date or context for this video. The day I reported him, I told the police that he had pictures and video of me that I knew he would leak if I gave my statement, but I was assured there are laws to protect from these kinds of things, and now my sex video is legally dragged in court. I'm so hurt because it feels like he can still do whatever he wants, and now I have to pay the price for standing up for myself.

What do I do? Shall I withdraw my statement? Does anyone know how things work in court regarding the relevance of the evidence? He just submitted this as a random video against my messages where he apologises for strangling and beating me up. Basically, he is going for rough sex defence.

Any advice will be so helpful. Thank you so much in advance.

I'm not a legal expert, but I think he's doing this in order to make you withdraw your statement. Precisely because he is trying to humiliate you as he has threatened before.

No one can consent to being beaten up or strangled. That's not "rough sex" it's a violent attack. Do you have a victim support contact? I would try to get some legal advice from an experienced solicitor who knows the detail of your case as to what the likely use of this video as evidence might be. People posting here, even if they claim to be expert, don't know the specifics and aren't necessarily who they say they are.

If you see this through, you are a better woman than me. If you are rid of him, could that be enough reward for you in itself. These cases seem to be so traumatic for the victims with absolutely no guarantee of the desired outcome. I couldn't put myself through it.

I'm so sorry OP. Did you consent for the video to be recorded at the time? I'm only asking because then you could use that against him if you didn't.

What a despicable human being he is, imagine doing that to someone. Can you bear it enough to go ahead with the court case? It sounds like there's some pretty damning evidence against him.

I’m so sorry OP that’s awful. If you feel you are able to proceed then I would do so, don’t withdraw your statement just because he has almost forced your hand. If you no longer want to continue with the trial then that is one thing, but don’t allow him that control over your decision.

The other thing I would mention, and I believe this to still be the case, is that actually the “rough sex” defence is a bit useless now since changes were made in 2021. The changes basically state that you are not able to consent to the infliction of harm that causes ABH/GBH for the purpose of sexual gratification, meaning a defendant cannot rely on consent to this harm as a “rough sex” defence, they will still be held accountable for the harm.

I'm not a legal expert but I don't think the fact he has sent that video means it will be used as evidence. Have you been offered support? During my case I contacted Rape Crisis who provided me with an ISVA (amazing service) Another charity is The Centre for women's justice. 💐

I'm in the US and here in my state that would be considered revenge porn and he'd be charged criminally. I'm so sorry op it's like you are being victimized all over again. I hope the court punishes him fully. Sending a big hug to you

i’m sorry your ex is doing this to you - he is trying to humiliate and intimidate you. Lease try not to worry.

Just because he wants to submit the tape into evidence doesn’t mean he will be allowed to and the prosecution should object to it being submitted. The rules of evidence are strict and evidence can only be submitted if it is relevant or of probative value. Whether this is the case will depend on the specifics of the case but there are no circumstances under which the entire video will be played in court.

In the UK it wouldn’t be if it’s shared with the police. It’s one of the statutory defences.

Even just having the police watch it is so demeaning. I cannot imagine it

He’s submitted it but the Judge has to decide if it should be shown to the jury. Has the OIC said the Judge has decided it will be used?

Agreed. It’s disgraceful. I just didn’t want anyone to put off reporting something for worry it would be classed as a criminal offence.