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finding of fact hearing

  • pegasus
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22 Feb 10 #187372 by pegasus
Topic started by pegasus
my ex witch has now decided to accuse me of rape in 2001! she has never mentioned it before she got her new solicitor in Nov 2009!
she never mentioned it when she was interviewed by Social Services in Oct 2009!
she has also accused me of being a paedo (the police have closed the case without even contacting me)
i am concerned that she is hijacking MY application to court!
i never touched her (I'm not a violent man) can she prove this allegation of rape?

  • Forseti
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23 Feb 10 #187434 by Forseti
Reply from Forseti
She doesn't have to prove it; she just has to show it is more likely that you raped her than that you didn't. With no evidence at all it is unlikely she will manage that, unless she has witnesses who are prepared to lie on oath. If people think they are protecting a child from abuse it is amazing the lies they will tell on oath.

It seems likely your ex's solicitor has advised her to take this route in order to force a finding of fact hearing and create delay. You need to argue her case is without merit.

  • Casper77
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24 Feb 10 #187985 by Casper77
Reply from Casper77
Firstly, reading your post has really angered me, I managed to free myself from a very violent relationship. I have now been in the court system having been representing myself for nearly two years now, as i do not qualify for legal aid or LSC funding... My main goal and focus is to keep my three year old son safe.

When are certain men/women going to realise that false allegations and consuming valuable court time with these false allegations has such a detrimental effect on people such as myself. Aargh!!!!

Secondly as you are probably aware a fact find hearing is based on the probabilty of events happening...
My fact find hearing ended up lasting three whole days and i was cross-examined for three and a half hours. If you are representing yourself be prepared for the cross examination, as they can be quite brutal. And please do not be intimidated with preparing your court bundle, once you get started it is relatively easy... I'm quite sure there will be a few people on this site they will be able to give you advise and guidence.. I wish you well.

  • pegasus
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25 Feb 10 #188263 by pegasus
Reply from pegasus
I totally agree
I find Rape the most henious crime there is, and women who cry rape falsly (I know someone who's family member was raped) dilute the severity of the crime.
Personally I feel so sorry for you, you must be feeling the exact opposite of me..best of luck

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