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Defence statement

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BaffledB

Member since
July 2021

874 posts

Posted Wed May 11, 2022 2:37pmReport post

Hi all,

I was wondering if anyone knows what should be put in a defence statement. My partner has "not guilty"d at both Mag and Crown and now he needs to submit a defence statement. I'm sure the solicitor plans to use the lack of evidence in the key points of this but just in case there may be anything worth noting I thought I would reach out for advice. I have been feeling sick with worry the last couple of weeks but before that I've been fine, I think hearing the solicitor say it's most likely going to end up in a jury trial makes me realise I'm living in the unknown once again where I was so sure that the lack of evidence would've ceased proceedings. I genuinely feel like my life is on hold, it's my 30th soon and I couldn't care less, I just want to know the future but at the same time I don't want the future to happen.



Would appreciate any advice on this xx

SAL

Member since
December 2021

890 posts

Posted Wed May 11, 2022 3:22pmReport post

I feel for you.

When my partner was pleading not guilty I was in a constant state of worry and anxiety - It was probably one of the worst times on this journey.

My partners barrister drafted the defence statement. For him, his was based around that it was role play / fantasy and the pulled together evidence that backed that up or supported the claim - Things like it being a role play / fantasy site, other conversations he'd had that could be backed up as only being possible as role play or highly likely to be perceived as role play, that no images of the "child" had been shared, etc. He never denied he had the conversation, just denied that he ever thought the child was real (my heart aches so much thinking about how niave he was - or at least that's what I think. The battle between the unknown truths and my gut continues daily).

If your partner denies it was him I would imagine the defence statement would be that he denies it was him and the lack of evidence to prove that the conversation was under taken by him and perhaps any supporting evidence that would confirm it wasn't him.

Edited Wed May 11, 2022 3:25pm

BaffledB

Member since
July 2021

874 posts

Posted Wed May 11, 2022 4:44pmReport post

Thanks SAL, I appreciate your response, it is so worrying! I totally sympathise with you and your partner, I never knew it was a crime and you don't realise that the internet isn't an empty space so to speak. Thank you Lee, I thought as much but wasn't entirely sure. We'll go through the evidence again on our side and see what the solicitor drafts and then propose any changes. I went through the evidence and in the first page the investigator says COULD BE, the style of writing and everything isn't similar in any way to my partner either so maybe I could dig some messages out and try and use those towards the defence. I was so angry about everything and wanted blood for this but the worry and exhaustion just makes me want it over now.

Thanks again ladies, I appreciate you both xx

BaffledB

Member since
July 2021

874 posts

Posted Wed May 11, 2022 6:27pmReport post

That's great, thanks Lee. I'm not sure about being able to pinpoint where he was at times as it was so long ago but I'll definitely look for messages around that time. It absolutely sucks doesn't it but what else can you do! I was wondering about Summer the other day, I thought there would've been an update by now. Xx