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.

yes, i second (or third!) not speaking to the reporter. they do not have your interests at heart, more likely will try and get more info from you so they can run a follow up article. probably cynical of me...

time will tell. can that nice female officer help you at all?

sleepingwiththeenemy - i've been following hte case and am shocked at what has happand, i've just told my oh about the case and also just read him your last post about the newspaper article.

he's an ex lawyer and has said that the newspaper article COULD have been whats put a halt to the procedings. i think you have mentioned that your daughter was a victim? well he says that the judge and prosecution could be concerned that the child could be identified as the newspaper had printed his name and address. but with out knowing the finer details theres no real way of knowing. i just thought you may like a possible answer.

my oh also says that talking to the press will do more harm than good and please please if you want this to come to a swift end dont speak to them. ther not intrested in you they are intrested in selling papers and have no concern whatsoever about the reprocussions of what they print.

i really hope that all this will be sorted on the 28th and the trial can finally start, so that yuou can have some peace of mind.

Hi, and thanks for the responses. Don't worry, I have NO intention of talking to the press. In any case they wouldn't know where to find us, so that shouldn't be an issue.
Addicted, my daughter was indeed a victim but they wouldn't put her through the court process so there are no charges relating to her at all, only to me and his ex wife. However, his last name is an unusual one so yes, she could be identified as could I. Thankfully we're not in that area anymore.

Hi Sleeping I too have been a lurker here.
I work in the media and just wanted you to know that the press cannot publish anything that might lead to the identification of a complainant or victim of sexual assault, or they would be in contempt of court. (A very serious charge - the could go to prison).
Even if your little ones are not eventually included in the sexual assault charges that he faces, they would almost certainly be the subject of a section 39 order which would give them the same protection. The judge makes this ruling.
The convention in the media when reporting sex abuse cases is that the press usually name the abuser (including address etc) and not the relationship with the abused. This is why there was so much detail in the paper.
Sometimes the judge will rule that the abuser cannot be identified if the evidence shows so clearly that the offences were carried out on family members.
It's difficult to know why the trial was halted. It's an extremely poor show on the part of the police that they cannot tell you what is happening. There should be a police liaison person to help you.
If I can help at all please cat me.

Hi sleeping, any update on what's going on?
I can't imagine how difficult the last few weeks have been for you.

Hi all. I'd love to be able to bring you good news but the worst possible thing has happened. The CPS have dropped the case, and there will now not be a trial. His ex wife withdrew her evidence, and on that basis they have decided there is not enough evidence to give a reasonable chance of conviction. In other words, he walks away scot free. I am gutted, absolutely devastated. It makes me feel like what me and my children went through means nothing, and now just because his ex wife is too spineless to stand up in court (yes, I know it's hard to do but because of her actions we are all in danger again) I have been robbed of my chance to tell my story, to do everything I can to make sure my children are safe from him.
The trial was stopped in September...the defence were trying to claim that the police had coerced me via e mail. The CPS examined all the communication and decided there was nothing untoward, but in the meantime his ex saw an opportunity to walk and that's that.
So now his bail conditions have been dropped, so he can now call, text, turn up...he can apply for contact again. Two years of hell for nothing, mine and my children's lives have been on hold all this time and for nothing.
There's nothing I can do, there's no 'appeal'...disgusting.

Oh God. No. After all this. That is absolutely sick.

OMG, I am so gutted for you I frequently think of you, and had hoped that no news was good news, and that you were celebrating a success.

I hope you & your DC can keep strong, you have done wonderfully.

I'm so so angry. I started this without any knowledge of the ex wife's abuse, I was doing it alone, so why now, when she has decided to pull the plug, has it been dropped? I begged to be allowed to go ahead but no...they've made their decision andthat's final.
No wonder so many women don't report rape and/or domestic abuse. To go through all this and then just be dropped is heartbreaking and bloody bloody cruel.

I am so sorry this has happened. I cannot believe any person in their right mind could think that he has no case to answer to!!! Surely your evidence is enough??

I think it is time for plan B - a quick whip around and get a contract put out on him!

So sorry for you, you have been so brave.

Hoping you and yours are safe and far away from him. Keep well, and keep strong.

This is absolutely dreadful. While I am not a lawyer, I think it may be possible to bring some kind of private prosecution against this man - does anyone know how this works?

There are no words. I am so so sorry

I am so angry and shocked to read this.

Sorry this has happened after all you have been through.

Surely you can have some sort of injunction against him. Have you spoken to a solicitor - if not do it now.

You are an amazing lady, stay strong!

so very sorry

have you had any support from Women's Aid or simialr charities? thre must be someone out there who can help you

I am so sorry for you.

Someone below mentioned a private prosecution and whilst I am sure you are desperate for a way forward that is unfortunately unlikely to be an option. They are terribly expensive and virtually impossible to conduct. Shit as this is you need to move forward.

However I suggest you write to the CPS regarding the decision they made. The prosecution has to apply a two stage test i)is there a realsitic prospect of conviction and ii) is it in public interest.

Obviously they have decided that without the ex wife the case is not strong enough and it appears that maybe they have simply made a knee jerk reaction to losing half their evidence. You seem to imply that they started the prosecution without her and she came at a later stage. Plenty of cases DO go ahead when it is one word against another - obviously they are often stronger when it is two against one but one against one doesn't mean there isn't a realistic prospect of conviction. Make this clear. Jump up and down, shout and scream. Complain.

The CPS is overworked and moral is low (I am not making excuses - just trying to explain) but they need to know the effect this has on you the individual. You wont change their decision but you migt get an explanation and that is the very least you deserve.

Tinkerbelle....a private prosecution has been suggested, but I don't think it's a route I want to/can take. Firstly, as you say, it would be expensive and I don't think legal aid would apply would it? As you know I lost everything to get away from him so I have no assets behind me to fund it. Secondly I don't think I can go through all this again. The children have been through two years of uncertainty, my tears, my sleepless nights...they've had to endure it too, and it's just not fair to make them go through any more. I also don't think I can take much more. I need to now start living again.
I have to wait until I get the paperwork from the CPS with a detailed explanation as to why it was dropped, and then apparently I get the opportunity to put my case to the lawyer. It won't reverse the decision, I've been told that, but it will enable me to at least make someone aware of how this has affected us all, seeing as I was robbed of that chance in court. Have to go now to take DD to school, but I'll post later.
Thanks for all your support everyone.

It gets worse...I just spoke to my daughter's headmaster to tell him what had happened and to ask that he makes sure everyone is vigilant. He told me that if exH turns up the school cannot do anything to stop him! I know legally that's the case, but morally....this man is a paedophile and a rapist, and the school can't and won't stop him taking her if he wants to. The bloody CPS have now condemned me to a lifetime of looking over my shoulder, waiting and watching in case he comes for us. My kneejerk reaction is to take her out of school and home ed her, as at least that way she will be safe. My thoughts have been all over the place this morning...if I hear he is applying for contact I will take the kids to a refuge again until I can be rehoused. Home ed. Doing a disappearing act. I thought it would all be over once the trial was finished but it's all beginning again.

they have utterly failed you. i'm so so sorry.

Oh i so so so feel for you I want to wrap arms around you & your babies & hide you away from him! The awful thing is, he is going to have to carry out another dispicable act on someone fo rhim to be locked up. It just isnt right or fair.

Please keep strong. Are you able to change yor names? What can you do to protect your idenitity?

I wonder if now is the time to use the media? I don't mean tabloid sensationalism but maybe one of the Sunday heavyweights might be interested in this as a campaigning issue? I know there are (proper) journos on MN and it may be possible to get one of them interested, and run something even though your names would be kept out of it.

(Where's that Hemmings chap who is so good on family law?)

I agree with SGB. A private prosecution seems so onerous but your story needs to be heard by the wider public. Just had a thought - what about going to your MP? (sorry if I'm overlooking anything, I haven't read every single post).

I am so upset and angry on your behalf, SWTE.

I cannot believe you all have been so utterly dumped on from such a great height.

There must be other avenues for you to pursue.

I am completely appalled. The man has committed serious crimes against a child - a child who is able to testify. (SWTE, not denying the seriousness of what he has done to you but you could be lying, she can't - I know you aren't but in terms of prosecution prospect).

I would also recommend getting in touch with your MP, this cannot be. Your dd has to be protected, SWTE. You have moved heaven and earth to try and make this so and the legal system cannot prevent you from doing this, it just can't.