Basically he has been charged with ABH (on me) 2 x counts of common assault (my sister and her friend) criminal damage (he smashed my car window) and abusing a police officer. This is the first time he has been in trouble with the police and generally has never been violent. I can't stand the thought that he may go to prison for this. Although what he has done is wrong he doesn't deserve that. I called the police station and said that I wanted to retract my statement but they said the wouldn't accept a retraction. I thought I had a right to retract this statement. Is what they said correct? (this happened in the UK)
2007-03-09 07:21:09 · 24 answers · asked by ? 2 in Politics & Government ➔ Law & Ethics
To put it simply, this is a domestic incident which are taken seriously these days (quite rightly) and a person can be convicted even without a complainant, never mind a retraction.
With most crime a victim can retract a statement but not usually with domestic incident because of the serious nature of them and the fact that a high percentage of domestic incidents result in murder. One reason why they are taken so seriously.
Another reason is that in a lot of cases, the victim retracts the statement out of fear of the abuser. Because of this, the Crown Prosecution Service often now continues the case on behalf of the victim.
It does sound as though this person needs to be brought to justice from what you've said about the various offences.
As for the Police saying no, they are bound by the CPS decision as they aren't allowed to make charging decisions on domestic incidents any more.
My advice, stay away from him, despite how you may have once felt about him.
Speaking from personal experience this is usually the best course of action.
Good luck
2007-03-10 11:48:49 · answer #1 · answered by Ian UK 6 · 1⤊ 1⤋
Hi Chelbel
Firstly it wasn't just you involved, you, sister, her friend and abusing a police officer.
Years ago it used to be you v him in a court of law but since domestic violence became so regular and women were constantly refusing to press charges etc the system was then changed and it became her HM v him. In other words, its no longer you pressing charges, its the police and country as it were pressing charges and you are now the witness.
I have suffered domestic violence and i know how hard it is to be abused by the man you feel you love and how hard it is to feel loyal to them too.
But once they start hitting you, they carry on hitting you. You can tell yourself it wont happen again each time he breaks down and cries and tells you how much he loves you and it will never happen again but it does happen again, and again and again and not all women get out alive.
You stop being his g/f when he hits you, you then become his possession. You then become dependant upon him because he controls you. He will start on your friends, family or anyone that wants to defend you because it will push them out of your life giving him the ultimate control he wants.
No offence but I have no idea how old you are, i also do not know how long you have been together or his exes.But once a man hits a woman, he has lost respect for you as a person and protecting him is the worst thing you can do
Any man that hits a woman or even her sister or friends does not deserve you and perhaps you need to visit the womens refuges so you can see what may come your way in your future.
You are better than you think and he does not deserve you
There are many men out there whom are good and kind and treat women with respect so why settle for less when you can have the best? This is also about how you may feel about yourself
2007-03-09 18:36:42 · answer #2 · answered by Teresa C 2 · 2⤊ 0⤋
The charge is indictable, and you have made a statement to the police. That statement is legal evidence, and under law you do not own it, so you have no right to withdraw it.
If you were to lie on the stand in a trial concerning this matter you could be arrested for perjury. If you want th matter to go away, just claim you don't remember anything when you go to court, even when they show your the statement just say you are drawing a blank. The prosecutor will be angry but the charge will be withdrawn, and there is nothing they can do to you.
2007-03-09 15:30:41 · answer #3 · answered by Boston Bluefish 6 · 2⤊ 0⤋
I am not sure about the UK but in the USA a statement can't be retracted. A charge can be dropped but only by the party pressing the charges. If it you are pressing charges then you can drop the charges. If it is the state pressing charges then only they can drop the charges. In either case and probably in either country abusing a police officer.... Not good....
2007-03-09 15:34:38 · answer #4 · answered by Ray2play 5 · 1⤊ 0⤋
As you've provided a statement with regards to the incident you will most likely be called to give evidence in court assuming that he does not plead guilty beforehand. Remember the case is now in the hands of the Crown Prosecution Service, not the police. It is down to the CPS to decide whether they can dispense with you as a live witness in Court. If anything the boys at the local nick were doing you a favour by saying you couldn't withdraw your statement because 9.9 times out of 10 the CPS will disregard your thoughts and feelings on the matter and press on with the prosecution. Before the trial begins you will be given a time and date to attend court to give your evidence. If you do not turn up it is very likely that the judge, if it goes to Crown Court, which sounds likely; will issue a warrant for your arrest. If you are picked up on warrant the boys in blue will take you straight to court where the judge will most likely find you in Contempt of Court and you will be given a fine and/or Community Order. You will then be forced to take the stand and you will be treated as a hostile witness, trust me you do not want this to happen.
My suggestion is to co-operate with the police and the CPS fully. It will be easier on you in the long-run and if your ex gives you grief about supporting proceedings in this matter then tell him to think of his own actions in future. It sounds as though you have not had any contact with your local Witness Care Unit. They are a partnership agency run between your local police and CPS. They are there to help you through this process and explain to you what is happening in your case. If you have specific needs they can get these addressed before the trial begins. It is far better to work with the law than to try and run away and bury your head in the sand. Give your local force a call and ask to be contected to the Witness Care Unit. (If you can't afford the call, give them your number and they will call you back). They are a great asset to have and can really help you out.
2007-03-09 15:50:10 · answer #5 · answered by Golf Alpha Nine-seven 3 · 2⤊ 0⤋
Maybe you would prefer that you be charged for wasting police time.
Of course the police may keep your statement, it is evidence.
It's women like you that really brass me off.
Chances are that if he's allowed to get away with it this time it will almost certainly happen again and what will you do then? You will once again call out the police who will once more waste hours getting statements from you and others only to find that you withdraw your allegations again.
If your husband isn't jailed then you should be.
2007-03-09 15:31:50 · answer #6 · answered by Barrie G 3 · 3⤊ 0⤋
C'mon ABH & two counts of assault !!!
Re-read this question AND PRETEND THAT IT IS ONE SOMEONE ELSE HAS POSTED.
What's going through your mind?
"He will do it again"
"Better off out of it"
"He deserves it"
" 'GENERALLY HAS NEVER BEEN VIOLENT !!!! ???? ' - What kind of a man is this?"
"This girl is a total victem"
Talk to the Police, but do not retract anything, also seek advice on domestic abuse.
2007-03-09 15:46:13 · answer #7 · answered by David 5 · 2⤊ 0⤋
Firstly it is highly unlikely that he will go to prison, the most he will get is a fine and community service. Secondly you have every right to withdraw your statement, but the police can still go ahead with the prosecution, although how far they will get without your co-operation is obvious. I think this is a case of police stubborness. If you really feel that strongly about withdrawing your statement then stand your ground!!!!
2007-03-09 15:27:31 · answer #8 · answered by Anonymous · 1⤊ 2⤋
Although I think this should go 'all the way' if only to teach somebody who has committed very serious offences a lesson or two, you are within your rights to tell the Police that you do not wish to proceed with the charges that were relevant to you. Tell them that you are not prepared to attend court to give evidence against him FOR THE TWO CHARGES OF ASSAULT AGAINST YOU. This does not absolve you from giving evidence against the other victims of his assaults.
If the Police witnessed the assaults against you, they can legitimately get you to testify.
The solicitor acting for you should be asked for his/her opinion first.
2007-03-09 16:31:45 · answer #9 · answered by MANCHESTER UK 5 · 1⤊ 1⤋
I think the police used to let you do this but because loads of women changed their minds they now don't let you .
if it was a 1st time he probably will get community service and not jailed .
you also have nothing to feel bad bad about he did it all himself and i'm sure you rang the police for good reason and if it happened again i'm sure you would be ringing the police again.
2007-03-09 15:32:03 · answer #10 · answered by Nutty Girl 7 · 2⤊ 0⤋