Witness protection in court

[sleepingwiththeenemy]

Hi, as some of you will know, I am due to give evidence at the trial of my ex husband in May. For those who don't, as it stands he is being tried for 11 counts of rape, sexual assault and worse...he may also stand trial for child abuse too if the police can persuade the CPS.
The only thying which has kept me sane throughout this is the fact that I will be able to give evidence from behind a screen, therefore will not have to see him at all. But I've been told now that he is asking for my right to protection to be removed and for me to have to testify face to face. There is a hearing in March to determine whether he can force me to do this or not...it is basicaly up to the judge. But I know I cannot do it if I have to see or be seen by him. I spent 6 years with him, filled with abuse, during which time he abused me in every way possible, and even worse abused my children. It is only the fact that I haven't seen him or heard from him in 18 months that my self confidence has returned but I know that if I have to do this I will become a wreck and be unable to give evidence in a calm way. I feel sick now just thinking about it. For the first time since this all began I am doubting my wisdom in agreeing to testify against him. My normal composure is now shot to f**k and I am never far from tears...I've been proud of the way I've managed to deal with it all - by rights I should be weaving baskets in a padded cell by now - but this is a massive blow.

Sleeping - I've followed your posts - so glad that you are feeling stronger in yourself and have got both yourself and your children away from him.

Don't start worrying yet - it isn't definite. Talk to your solicitor, talk to the people involved in your side of the case - tell them your concerns and explain why it is so important to you to have this protection.

I do hope that you are able to go through this without having to deal with any more crap - you are being really strong - keep that resolve. xxxxx

So sorry for your situation - you sound as if you have been incredibly brave! Do not question your wisdom in agreeing to testify - you know where this man belongs - keep reminding yourself that he is one who has done wrong, not you - you are telling the truth about what happened to you and exposing him for what he is. So please don't let him intimidate you.

A quick google search discovered the Police National Legal Database which states this about giving evidence from behind a screen:

There are a number of measures that can be used for any vulnerable or intimidated witness. Some people are automatically classed as vulnerable,

Children under the age of 17 at time of giving evidence
Any person suffering from a mental disorder
Any person suffering from a learning disability
Any person who is physically disabled
Any witness whose evidence is likely to be diminished through fear or distress.
The police have the responsibility of notifying the Crown Prosecution Service (CPS) at the earliest possible stage of any measures that may be required. The CPS will then make an application to the Court for a Special Measure Direction and the Court will decide if the measures would improve the quality of the witness's evidence.

Surely you have a strong case for the last circumstance - you need to contact the prosecution and tell them what you have told us so that they know how fearful you are of this.

I don't have a solicitor as I am 'only' a witness...I am writing a statement to be presented in court in March and the police are pushing hard for the protection. What really scares me is his absolute determination to control things...even under these circumstances. I feel like no matter what I do he'll never leave me alone. I've started having nightmares again (they had died down) where he gets me in court without the screen and then pulls a gun and shoots me!

You've done so amazingly well and have filled me with admiration over the last year - don't let the tosser beat you at the final hurdle. It's too early to panic yet - wait until you know for sure after the hearing. And then, if the worse happens, I'm sure the power of MN can supply you with ways to get through it and coping mechanisms. There will be ways to get past this - stay strong.

Sleeping - another who has followed your posts, and is in awe of your strength. You are the one who is going to stop this b*stard doing these things to any other woman or child, and make him pay (even a tiny bit as he'll never truly know that pain) for what he did to you and your children.

I'm sure Womens Aid will be able to support you regarding the evidence behind a screen - sure they have specialist solicitors whose advice can be sought - and maybe your GP/counsellor (as many professionals as possible) would write a letter stating that they feel that it would be too stressful, and detrimental to your mental health (iirc aren't you on antidepressants ?) to give evidence face to face. That way they are ticking two of those vunerability boxes straight away

I really hope that they listen to you

Slayerette...thanks, that's good to know. He has also contested my divorce application (says that I could be reasonably expected to live with him) but has cross petitioned me for divorce, and is now forcing that into court too. He just seems to be trying everything to be able to physically get at me, be in the same room as me. My barrister wouldn't even let me in court when HE applied for contact with my little girl...he wouldn't let him anywhere mear me.

cmotdibbler...yes I am on ADs. I had to have the strength increased from 20 to 40mg a while back. I'm amazed that so many of you remember my thread...thankyou It's a good idea to see the GP and ask if he can add weight to the case for me, he has been very supportive throughout this and knows what's been going on.

Thanks Ruby...the support from the police has been incredible and I know they will do all they can to help whatever happens. But I am so angry at him for still managing to affect me like this, and angry at myself for allowing him to - and there lies the problem...he always manages to do this, even the barrister remarked how intimidating he is...and no matter how hard I try he just reduces me to a pathetic mess. I've managed to pick myself up and find the 'old' me again, and I know he can destroy that in a second.

I have followed your thread but never posted as I could not offer you any advice.

I just want you to know I think you are a strong and amazing woman. I wish you and your children all the best.

Thanks Stretch...it means a lot to hear that.

swte, i have read all your threads and am constantly amazed at what you have been subjected to and how well you have coped. i respect you so much for your strength and if i had a quarter as much i'd be thrilled.

i think it's a good idea to involve your gp.

it's very clear, to me at least, that he is doing everything he can to manipulate and control you and i'm sure the judge will see this too.

good luck - i will be thinking of you.

just adding my support for you, SWTE.

I can't imagine that any judge in his right mind would grant his application.

Whatever happens, you will have a huge amount of support from Witness Protection, the Police and Womens Aid if you wish it.

I am in awe of your strength of character and your bravery

he is a b*d isnt he?

good to see you though sleeping, shame this isnt all over yet

i dont tknow anything on the technicalities but i really hope that you bravery for stepping forward is rewarded and they allow you the screen

This dreadful man is almost certainly aware that he will not actually be able to force you to testify face to face (no judge is going to allow it). The point of his applications are to upset and frighten you further. Just because he makes applications does not mean that a judge will grant them.
I would imagine that the only reason he is not about to be classed as some sort of 'vexatious litigant' (ie a person who brings cases and makes appeals they cannot win purely to distress another person) is that they are going to lock him up for a very long time anyway.
Best of luck, remember lots of people are on your side.

I will be at my best friend's wedding on the last scheduled day of the trial...it's been given 2 weeks but of course it could take less. But on the last day my best friends is getting married so hopefully, fingers crossed, I will have more than just her marriage to celebrate! I can't wait til it's all over.
Re the screen thing...no wonder so many women don't report rape, or press charges.

I too have followed your threads... you have come so far, well done.

Wishing you lots of good luck and strength for the next part of your journey xx

All these things he's doing are actually surely going to damage his defense? He's just proving himself to be a controlling bully...which is my point exactly.

This is why I turn to MN...I am starting to feel my resolve come back! There is nothing like 'the sisterhood' to spur you on when times get tough!

Sleeping - the police must know what support groups there are that can help with this sort of thing. I know that they are being supportive - they want to make sure he doesn't do this to anyone else too - ask them for contacts you can call for help and support. Contacting your GP is also a good idea - I am sure that they would be able to write a letter that the judge could have in support of your case.

I am so pleased that you will have something to look forward to at the end - not just the end of the trial but something really worth celebrating - perhaps this would be a really good focus for you - would your friend let you help her with some of the preparations just to try to give you a really positive thing to focus on?

Mistlethrush....unfortunately my friend lives the other end of the country from me, so I won't be able to see her until the day of the wedding.
Ruby...same problem really, the trial is 200 miles away which makes it a bit impractical.
The whole thing is complicated in every way