****** This does not constitute as legal advice - simply my observations of being the only victim to come forward in a court case against my abuser ********
*******SEVERE TRIggER WARNINg********
Police and lawyers make mistakes. Make sure before you attend court you have seen all evidence you gave which will be presented in court. That way you will refresh your memory and if there is any evidence you think has been recorded wrongly you can see if it can be amended. If you can see your witness statement make sure you see it. In my case I saw my video evidence before I attended court but I didnt see my witness statement until the court date and I was very disappointed with how it was worded. If I could have amended it in advance I would have. My brothers statement said inaudible on it (poorly done by police as some one records it and some one else writes it up based on the recording... luckily court was adjourned for a day and my brother was able to get a new statement taken by the investigating officer on the adjourned day).
Obvious but only tell the truth. Defence will lie and lie and come up with all sorts of dirty tactics. Cross examination will be tough but as long as you tell the truth you will have done all you could. I personally believe it is better to attack rather than defend. What I mean by that is court is like boxing with statements being blows. If it is your 1st time in court you will be nervous and maybe it will affect your evidence but it is better to say more than less as long as it is truthful. You are told to just answer the questions which you will do but remember the defence lawyer is trying to make you out as a liar or distorted memory or bad character anything to discredit your evidence. But he cannot silence you. No words can be put in your mouth. This is your chance to tell your story and you have the power. Defence lawyer will be a skilled manipulator but you can stand up to him as you know the truth. I went on the attack in my court case when I was being cross examined. Example from my case
********SEVERE TRIggER WARNINg********
Defence- you took money from your cousins friends house?
Me- I borrowed 100 from the house as I knew (Defendants name) would give me the 100 to put back in exchange for sexual favours.
Another example... Defence- you made this all up didnt you?
Me- No this was my life.
Defence- it didnt happen 1000s of time like you say?
Me- Yes it did 3-4 times a week for over 6 years. That is easily over 1000 I masterbated ______ (defendants name) as that happened nearly every time.
One last example.....
Defence- ____ (defendants name) never gave you 3000 did he?
Me- Yes _______ (defendants name)gave me 3000 as agreed in exchange for anal sex to be introduced to the repertoire of sex acts we did.
Defence- but that never happened
Me- anal sex only never happened because I didnt want to do it but I needed the money but I couldnt put it in and that made _____ (defendants name) angry because he felt cheated.
The above examples show how I was in no mood to be dictated to by a misinformed/ truth denying lawyer and over 3 hours approx he could not beat me or the truth. I am quick thinking and good with words, I was so angry so that motivated me and I was in no mood for yes/no answers. In my view yes/no is a strategy for guilty or liars. To conclude be yourself and if you are able to answer with authority and not be told a story by the defence do it. All he wanted was to make me out as a liar,gambler, thief and make no reference to any sexual contact as their strategy was to say I was a liar who made it all up.
Well my uncle is serving 9 years and my witness impact statement no doubt aided the judge to come to a sentence length on the higher side (guidelines 4-11 years). My witness statement started ____ (defendants name) ruined my life and listed every part of my life affected, no career, poor university grades, severe gambling addiction, frequent depression, frequent suicidal thoughts, pain and mental suffering of close family and friends particularly my mother. The impact portrayed in my statement most likely added couple years.
Finally so much is out of your control. The lawyers, judge, jury, other witnesses you can only do your best and hope some justice is served. The whole 3.5 years I went through from initial investigation to conviction was a living hell but was needed to send him down and change me for the better I am the powerful one now no longer powerless to his actions.
Take care
Dan.
