Jailed after reporting a sexual assault - can hardly believe this.

[KRIKRI]

Just saw this story about the Layla Ibrahim case.

www.guardian.co.uk/law/2011/aug/12/layla-jailed-after-reporting-sexual-assault

She served 13 months for "falsely reporting a sexual assault," despite the police doctor who examined her after her assault testifying in Layla's defence, stating her injuries were consistent with a sexual assault.

AIBU to be absolutely shocked by this?

[sashh]

I know emotions run strong on this topic, but we aren't seriously considering that the UK law system wants to lock up all women whenever possible?!
No I'm saying many police staff are lazy and they want a conviction if they can get one, and it doesn't really matter to them if they get the wrong person.

[facepalming]

I don't think her lawyer believed her. In her statement after the verdict she said basically there was nothing she could say, she lost on every point and that at least Layla hadn't accused named individuals. If I recall right she even said she was sorry for the men who had originally been suspects.

[WouldHave]

One thing that stood out for me was her own lawyer telling her, while in prison, that she shouldn't appeal as "there was no point". I mean, what?

I think that was based on the fact that there was no new evidence at that point, and that they couldn't find appeal grounds in terms of anything the judge did wrong in running the trial or summing up. You can't appeal just because in your view the evidence was weak and the jury shouldn't have convicted.

[venusinscorpio]

Emails over 30 days old are never admissible in court? I'm not doubting that's what they said but I can't believe that's true. What if it was a fraud case or something important?

[Albadross]

I spent 6 hours recounting my experience of an abusive partner who then stalked me - after all of that they said that it was 'my word against his' and that emails over 30 days old weren't admissible in court, and that a handwritten letter wasn't proof either. WTF.

[venusinscorpio]

I think I have read enough about this specific case to condemn the action of sending an alleged rape victim for trial by jury for making it up, with no compelling proof, yes.

[LuluLovesFruitcakes]

Pizan I think the events of this year have seriously damaged shattered people's faith and belief in the system.

[YonicProbe]

Have you read Eve Was Framed by prominent barrister Helena Kennedy, pizan?

[Pizanfan]

I know emotions run strong on this topic, but we aren't seriously considering that the UK law system wants to lock up all women whenever possible?!

There are always miscarraiges, and a lot of retractions eventually, but we have to believe in the system, noone here knows enough about this specific case to condemn or praise anyones actions.

[sashh]

I'm actually starting to think that her attacker has connections to someone in the police force. Surely they couldn't really have believed she lied?

In my experience they don't care as long as they get a conviction.

I was 'offered' a caution if I admitted to something I had not done, this offer was made before interview.

For years later I could not get my DNA off the register because I was 'a credible subject'.

Someone who had a vendetta against me, and who the police knew was behaving in this way made a complaint that I'd used a specific laptop to send an email.

At the time I was in Chile, the laptop was in Australia and I had stamps on my passport to prove where I was.

I also pointed out to them that the email had an ip address on it and they should start by looking at that.

They refused to look at the ip address and just pestered me for a confession and when I wouldn't give it threatened to re-arrest me and remove all the computing equipment from my employer (a college).

When they were forced to return my desktop (that no one had said I'd used but which they said I might have transferred information to 'with a cable') they got lost. They actually phoned for directions.

I am two left turns from the main road, the one the police station is based on.

Oh they also had to return the monitor and printer, I'd asked why they needed the printer, they said "My mate says it has memory on it".

And what gets me so angry is they never learn.

When the Yorkshire ripper was at large they ignored women who said he had a Yorkshire accent!

[venusinscorpio]

And yes, Sweetgrapes, exactly.

[venusinscorpio]

It is utterly shameful that this case ever went to trial. I wish Layla all the luck in the world with her bid to clear her name.

[BarbarianMum]

A study published today (sorry can't link) concludes that black (non white) women are treated far more harshly by the courts than any other group. I think this is a case in point.

[SweetGrapes]

Just contrasting this with the CE case. If there is any doubt that the person may be guilty, they are supposed to be innocent. (Phrased very badly - the reasonable doubt thing)

This returned 'innocent' for Ched Evans and 'guilty' for Layla! Wtf!

[GarlicMist]

One thing that stood out for me was her own lawyer telling her, while in prison, that she shouldn't appeal as "there was no point". I mean, what?

Iirc, another barrister has offered to take up her case.

[Amandahugandkisses]

That poor girl

[Oswin]

Fucking hell this is awful.

[Twogoats]

I feel really uncomfortable discussing the specific details of a rape case. They shouldn't be made public imo.

[TheCountessofFitzdotterel]

Yes, she has asked the Criminal Cases Review Commission to review it - here.

[WilliamHerschel]

Is there a reason this has been ressurected? Has something new happened?

[SpeakNoWords]

The whole thing stinks. It's horrendous. The chance of a proper and thorough investigation was ruined by the police seeming to act as if they wanted to prove her to be a liar. Whatever her history they should have investigated properly.

[TheCountessofFitzdotterel]

'Her medical evaluation initially said she had no reason to make this up, she had no MH issues, she didn't need to seek attention. A month after the attack, she tried to commit suicide by throwing herself into a river. She was rescued by a passerby who took her to hospital, where she grabbed used needles and tried to slit her wrists. She told the hospital psych at the time that she was motivated by anger and attention.'

Omfg. So being mentally affected BY the attack can get turned into evidence you made it up.

[WomanWithAltitude]

Blood was found on Layla but didn't match any of the four suspects that Layla positively identified, or the national DNA database, so couldn't be used to ID anyone.

This doesn't mean anything at all. Most stranger rapists aren't on the DNA database. In my case it took the police well over a decade to find match.

And it's not exactly unusual for a crime victim to struggle to accurately ID their attacker.

[LuluLovesFruitcakes]

I had to stop reading before I either burst into tears or threw my laptop at the wall

Seriously, what the fuck.

[AnchorDownDeepBreath]

I looked into this, and why the jury convicted her. NB - I'm not saying I agree with any of this, it's just what was presented.

Layla's account of the crime changed frequently. She acknowledged this and said she had concussion from the attack causing memory loss, and dyslexia, but the accounts were said to vary hugely.

Layla's demeanour was 'off', she laughed a lot during reporting and her interviews with police.

Layla said she stabbed the attackers with scissors, the scissors were found to only have her DNA on. She said her clothes were torn off; but the scissors had fabric from her clothes on. She later added that her mum had cut her dress earlier in the day as it was uncomfortable.

There was no soil or dirt on her clothing; but the area she said the attack happened was muddy.

Blood was found on Layla but didn't match any of the four suspects that Layla positively identified, or the national DNA database, so couldn't be used to ID anyone.

Her cardigan wasn't seized, and other family members of Layla's wore it before forensics examined it. It's believed her shoes were washed despite Layla saying an attacker had held one, so no evidence could be found on it.

Swain testified that her injuries were consistent with sexual assault and that the destruction of a blonde pubic hair deemed "not relevant" by the lab could have made a big difference to the case; but she wouldn't testify that the injuries couldn't have been self-inflicted.

Her medical evaluation initially said she had no reason to make this up, she had no MH issues, she didn't need to seek attention. A month after the attack, she tried to commit suicide by throwing herself into a river. She was rescued by a passerby who took her to hospital, where she grabbed used needles and tried to slit her wrists. She told the hospital psych at the time that she was motivated by anger and attention.

Layla admits her own evidence was poor, she said she felt scared and like a rabbit in the headlines and failed to answer questions correctly.

Her boyfriend at the time testified that they'd had an argument about a sandwich before she went out and he thought she'd staged the attack as a form of revenge on him. The friend that refused to give her the taxi fare testified that she'd said "If anything happens to me, you will be sorry" - although this only seems to make an appearance in his second interview, it's not in his original statement, as far as I can find out.

Layla's own legal team conceded that they "lost every point", and that their defence was structured entirely around medical evidence that without serious MH problems, she was unlikely to have inflicted those injuries on herself - a point which they lost to the prosecution, which formed the start of losing every argument.

Some of those points seem almost completely unfair, and this would put me off reporting sexual assault.

It also occurs to me that when the police "recommend" that you withdraw your case, you're pretty much forced to do so - they clearly don't believe you, at that point, and they may well collect evidence to prosecute you if you don't. That feels wrong. They incentivise you to drop cases with a horrendously low conviction rate, or you face jail yourself.

I did notice that the court transcripts have disappeared again, so I'm hoping that this is potentially being appealed? (Ched Evan's transcripts disappeared just before the new appeal was announced, too).