The Student Room Group

Court..

I have a court case coming up soon, because my step dad sexually assaulted me. He says he's not guilty, and he's likely to carry on saying that. I got a few pieces of evidence such as emails he sent me, but nothing else. Ive never been to court before. Do you have any idea how the defence will be? like cross examining and stuff? im just really worried and scared, because i know that my step dad will do anything to make me look guilty and himself innocent.

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The CPS should of fully briefed you on this if they want a prosecution...
Reply 2
Do you not have a lawyer working your case for you? If not seek legal advice and they will prepare you for the cross questions etc.
Reply 3
Well the police should have got a lawyer, but they didn't inform me of anything, saying that the lawyer will do all the work.
Reply 4
Anonymous
Well the police should have got a lawyer, but they didn't inform me of anything, saying that the lawyer will do all the work.

Well, it's safe to say that if he's pleading not guilty then the defence will try and make it seem like you lied. They might attack your character.
Reply 5
The line of attack from the defence will be saying that you wanted it/ you led him on etc
Reply 6
Well he started assaulting me since i was 10. so how can i lead him on from that age?
Reply 7
Attack my character by doing what?
Reply 8
Making it seem like you are a dishonest / flirtatious / promiscuous person. Stick to your guns and if ever possible in your answer attack their lawyers character.
Reply 9
Highlander
The line of attack from the defence will be saying that you wanted it/ you led him on etc

I think they'll probably go for the 'nothing happened' approach because it was when she was under 16... So he can't say anything happened or he'll go away for statutory rape or something.
Reply 10
Anonymous
Attack my character by doing what?

Trying to dig up stuff you might have lied about in the past... Say you have loads of boyfriends... Make you out to be malicious and perhaps find something he said no to and you're trying to get back at him for.
Anonymous
Well he started assaulting me since i was 10. so how can i lead him on from that age?


Do you have any evidence of that?
Reply 12
Unless there are other witnesses / medical tests taken at the time / photos / videos then there is no way she can have evidence of it and it will be down to her performance in the box and the hearts of the jury.
Reply 13
Obviously I don't have any evidence of him assaulting me. But he sent me a few emails with pornographic content, and another email where he went into my computer and took a conversation i had with my friend ( i was telling her about my boyfriend). he then sent this email to me with parts of the convo saying your mum doesn't need to know etc. And then there was this other floppy disc which he told me to look at, and it contained some nasty sexual writing stuff. The police has all of this. Also there was a letter which i wrote to my mum about 3 years ago explaining everything, so there's that too. Not much else.
Reply 14
Also.. i've always been very good at college, school etc, getting really good grades, and all my teachers think i'm a model student. so will references from them help me at all?
Reply 15
Another thing is.. he's been in prison before for the same thing, on his own children, though he says he never done anything. If this is disclosed then I'm sure it'll help alot in my case, but they might not disclose it.
Reply 16
If they don't then you have to. I'm fairly sure they will bring it up because that sort of history is invaluable to the prosecution. Remember when you are up on the stand that you don't need to just answer their questions. Add your own comments if you feel they will be helpful. Talk to the police and ask to be put in contact with the prosecution office handling your case. Then talk to them and ask with any / all of these queries.
I agree with Note, sometimes your lawyer isn't able to raise certain issues but you can expand when they ask you questions, and just think that although naturally you are worried and scared, its going to be worse for him as he knows that he is guilty and faces a long time in jail.
im in a similar situation, and have been having the same sorts of worries recently, about what ill have to do/say when i get into court, and all the practicalities involved. ive been told someone from witness support will come round and talk to me and explain what will happen, hopefully something similar may happen with you.

on a less practical, more emotional note, my councillor told me recently that when i get up there im not the one that has something to prove, ive done what i had to do already by reporting him in the first place. she also told me that even if he gets found innocent then it doesnt mean to say people think that ive lied, simply that theres not enough evidence to convict him. that was a major worry of mine, what people would think of me if hes found to be innocent, but this helped massively. hope it helps you too, and that things work out for the best for you. xxx
Reply 19
Previous convictions are indeed relevant, especially when they are for the same crime. The prosecution will most likely have that information.

As has been said the defence will try to undermine your character to make you seem like a less credible witness. You just have to deny their ridiculous claims. Ive been a witness before (not for anything near as serious mind you) so I have seen what they do.