Testifying in court and chances of conviction

Qwerty4444

Hello,

Last year I was the victim of several assualts by my boyfriend but I did not tell anybody or keep any evidence because I was still with him. Eventually, I got out of the relationship and I made statements to the gardai. He was charged with section 2 assault and threatening behaviour. I am really anxious about going to court because I am afraid he is going to get away with it. My mum and two of my friends are testifying that they witnessed me having bruises and there are also some texts from my boyfriend which allude to him assaulting me but he does not directly admit to it. Other than that there is no evidence. Is there any chance of a conviction at all? I am only 20 and this has severely affected me.

Thanks for any help.

coylemj

Qwerty4444 wrote: »

Hello,
I am really anxious about going to court because I am afraid he is going to get away with it.

I understand your anxiety but you will have your mum and two friends in court to provide support, you mentioned that they are prepared to testify.

If you do not go to court, it's virtually certain that he will 'get away with it' because your mum and friends' evidence of seeing your bruises doesn't prove anything with regard to him, your evidence will be essential.

Qwerty4444 wrote: »

Other than that there is no evidence.

Other than your direct evidence that he hit you and the evidence of three people close to you who saw your bruises? That's a long way from 'no evidence'.

Qwerty4444

coylemj wrote: »

I understand your anxiety but you will have your mum and two friends in court to provide support, you mentioned that they are prepared to testify.

If you do not go to court, it's virtually certain that he will 'get away with it' because your mum and friends' evidence of seeing your bruises doesn't prove anything with regard to him, your evidence will be essential.



Other than your direct evidence that he hit you and the evidence of three people close to you who saw your bruises? That's a long way from 'no evidence'.

Thanks for your reply. I will definitely be going and testifying, I have to see this through now. I suppose I'm just worried that my word and the word of my family and friends is not concrete and might be seen by the judge as biased. Will it just be down to whether the judge believes me on the day? My ex is pleading not guilty and his whole defence is about me making this up because we broke up.

NUTLEY BOY

Firstly, I am horrified at your experience.

This is not legal advice - just a few observations on the general matters raised.

The primary rule of the game is proof.
The prosecution must establish it's case beyond reasonable doubt.
If the prosecution falls short of this standard the accused must be acquitted.
The accused is not required to prove his innocence.

You will be questioned, as a witness, by the prosecutor.
Next, you will probably be cross-examined on behalf of the accused.

Even though you and the witnesses you refer to will give truthful evidence that does not guarantee a conviction unless the burden of proof has been discharged on the basis of all the evidence put before the court.

If the accused is acquitted that does not mean that you have been disbelieved.
Subjectively, you know what the accused did and that he is guilty in your eyes.
Objectively, a court will not convict unless the burden of proof is met.

I am not intruding but hope that you are getting the assistance you need to deal with the effects of this experience.
Also, see this link for more helpful information http://www.citizensinformation.ie/en/justice/victims_of_crime/
Once this case is over - irrespective of the result - a major worry will be gone.

Best of luck.

cml387

I have no advice but just want to say you have already made the bravest step in reporting this to the gardai.

Too many women suffer in silence which allows the abuse to continue.

Bear in mind he'll be outed in court and some other woman may be spared the ordeal you went through.

I wish you very best.