Malicious allegation

[Itsallupill]

Hello all.

I am creating this post because I am in the process of seeking support from various sources to help me cope with what I can only describe as the most incredible situation I have faced in my life. If I seem dramatic I apologise but this is a first for me and for those that have been subjected to a malicious allegation before you will know full well what I mean. I stumbled across this site and it seems an ideal place to talk about this problem which has changed my life.....and yes I really do mean changed my life.

Before i begin to go into the circumstances i feel it is important to be transparent about me, apart from my identification which would be wrong given a trial is likely to take place.

Two years ago I committed offences of outraging public decency and voyeurism and pleaded guilty at the earliest opportunity. Due to the judicial system it was quite some time later that I was actually convicted. There were no victims in the case and whilst you may think it obvious for me to say this, it was all rather silly. I did not receive a jail term and was given a community order and I am now on the SOR as a result. The public decency aspect involved upskirt photos (adult females) and the voyeurism was also of a female adult.

The result of that offending period, meant I lost my job which has turned out to be one of those situations where 'things happen for a reason' and since being out of that job, I have never been happier. Obviously the impact of those offences has been quite a hit but it hasn't prevented me from moving forward. There was reasoning behind the offending which I won't go into now but people around me know I'm not a 'pervert' for one of a better word.

So, quite some time ago I visited a girlfriend for a couple of hours and when I left I checked around the corner for the location of a premises. The time at this point was around 4 am and i hadn't been drinking. i know this may sound vague, but bare with me and take it for what it is. Whilst i was parked and on my phone I became aware of movement by the drivers window. When I looked I saw a female sort of stumbling in a way, but steadying herself by putting her hands on her knees. she was glaring into the car, to the extent that I could only come to the conclusion that she wanted a word. It was the sort of stare you give a taxi driver when you go over to see if he's free or not. You get the picture i think. Anyway, I brought my window down only about a 3rd and the first thing she said to me was more of a shout than anything "WHY ARE YOU HERE". You know when someone youv never met before says something and you don't know if they are joking or not, it was a little like. I initially thought she could just be having banter. i told her I was looking for somewhere to which she said "WELL THATS NOT ROUND HERE". I was still on the phone at this point loading google maps. i said right ok, to which she then said "WHY ARE YOU LOOKING FOR IT AT THIS TIME", she was clearly drunk and i was getting the feeling she was going to be a pain.

I ignored her thinking she would just walk off. She then TOLD me to get my phone out, even though it was in my hand, she said "IL HELP YOU" i said no its fine ill find it don't worry. She then said to me "ARE YOU SURE YOU DONT WANT ME TO HELP YOU". It was only then that I considered she 'could' be a prostitute but in fairness she looked to clean and well presented. By now she just wouldn't leave the car so my way of getting her to move on was by saying 'is that it now' when she replied to this by saying "I DONT KNOW IS IT" ? thats when i became a little concerned as to what she may do next. What she then did is leaned further towards the car and said "WHY IS YOUR HAND IN YOUR POCKET" my left hand was occupied with my mobile and my right hand was under my right leg, similar to how you sit at school i guess, that type of thing. I then removed my right hand from my leg and showed her my hand and said 'what are you talking about my hand is under my leg'. She then stepped away from the car and got her phone out shouting "I KNOW WHY YOUR HERE, YOU BETTER GET MOVING". She then started either videoing or photographing the car. I didn't move initially and thought that once she was done shed walk off. The road i was on is like a side road and my phone was struggling for a signal, so I took the opportunity to drive away and get away from her. I waved as I passed and said 'Thanks anyway bye' and off i drove. As i moved out of the street, I had a short drive round trying to find this place and eventually got a hit on my phone but being tired by now I headed home. I will point out at this point, I decided to look for this place simply because I was aware it was near the friends I had just come from, and this place is somewhere where I will likely stay over in the future, so it was something I decided to do whilst over that way. There were a couple of other chores I did whilst over that way, including the sighting of my brother in the area but needless to say I headed off home.

I wasn't in the slightest thinking about that woman, id come to the conclusion she was just very drunk or a bit loopy. Anyway when I got home I went to bed and got up around 11. The police attended around 12 and arrested me for outraging public decency.

It was only much later during disclosure with the duty solicitor before my interview that i was informed it was an 'exposure' allegation. I will tell you now, when he said those words, my heart sank and i began to shake. The female has gone on to tell the police that I was masturbating.

i have provided the police with a full and frank interview backing up my reasons for being in the location, the clothing i was wearing and pretty much everything else they wanted to know. it really is very easy to have a police interview if you have the truth with you. It wouldn't be appropriate for me to go into her evidence but i have full confidence in saying, it is full of holes. Those aren't my words either, they are the words of a barrister who represented me upon my plea hearing. If I were to post up those holes, believe me gentleman it would take you all of few minutes to see right through this allegation. I have a court date for trial which is not a worry for me as I believe the evidence will take care of itself.

This is a summary of the triggers of the allegation :

refused bail at police custody after being charged. - this despite spending nearly 250 days on police bail with conditions for the offences I listed above. Not a single breach and no breaches or offending whilst on bail. No bail offences full stop.
Attended court from police custody and without any legal representation due to law firms boycotting due to legal aid rates.
magistrates court, remanded me to custody and transported to prison, my first time.
Released from prison following a bail application by my solicitor
Upon release, a tag installed at my home address which I now have a curfew every night and which i have been on for months.

So, when I pleaded guilty to previous matters none of the above happened, but when I haven't done a nothing wrong, Ive been hit hard, but thats the system and it is what it is.

However to think I'm going through this now as a result of a lie by someone who i can only assume is disturbed is a frustration far beyond translating to you. I also lost my current employment because of this.

This womans first statement is so bad evidentially, the police have had to take a second statement from her, which was taken 8 days after my interview. The contents of that second statement clearly attempt to close down everything I said in interview, which as I've said is a full and true account of what happened. She has described my clothing completely wrong and ironically the clothing I was wearing at the time of the allegation was still at the side of my bed when I returned home from prison. It had not been taken by the police, which i can only assume is because it doesn't match the description of what she has said.

As i say, if I were to continue with these holes you'd know I'm telling this site the truth and this doesn't concern me, its what I'm having to go through now before court. Its quite clear that it is my previous that has brought about this charge, without that previous I don't even think the police would have charged. At the end of the day the police and cps probably know the evidence is poor, especially if a barrister thinks so, but they aren't going to not charge a 'sex offender' no matter how thin the evidence is.

So thats the situation I'm in, and i must stress, i really wouldnt take the time to post this up if i was guilty. It is an incredible situation that of all the people this woman makes contact with, it is someone on the SOR and throughout the case so far, I can feel the weight of that previous issue taking its place and its horrible.

Every night my mind goes round and round asking 'who is this woman and why has she done this'. I will point out that the car i was in at the time is the same car I travelled in during the offending period. So am I really going to use the same car, (theres cameras everywhere in this city), masturbate to a woman i didn't even know was at the car and then 'wave' as I leave ? i might as well have gone to a judge and asked him to put me in jail.

I have no idea who the woman is and I very much doubt she knows me but its an incredible coincidence she's found me and whatever her intentions are, she's certainly causing damage. i understand she is 44. i am 40. i have also lost the part time employment i had over this.

She has also applied for 'special measures' at court, which will be a screen to prevent her from seeing me !

Theres a saying no smoke without fire, well my involvement in this, was parking on that road and that is it, the rest has been out of my control. One thing in her evidence that confuses me is that she accepts she approached my car. given I know obviously that she is a disturbed individual, I find it strange she hasn't gone all the way and said i flagged her down or something similar, but i guess that evidences just how messed up her allegation is.

I have concerns over my solicitor. He is at the older end of his work and doesn't seem to investigate properly. Because this has hit my life so hard, I spent over two weeks putting a report together for him, highlighting all the holes in what she has said and essentially he has just passed this on the the barrister at my first appearance. He is of the opinion to just let the prosecution get on with it, referring to the special measures procedure, but i think it should be challenged because it is her that has approached me whilst parked up in my car, oblivious initially that she was even there. she now wants to hide behind a screen, well I wonder why ?? The barrister has stated tis will go against her, as she is the drunk one approaching me but i still think it should be challenged and she should have to face the jury with her allegation. I am actually looking forward to the trial as I am carrying the truth and that is what keeps me going at night, just that. Everything else is a living nightmare...honestly.

I know my previous looks bad and i accept that, but again I will point out, that I really wouldn't be bothered raising a thread like this for opinions if i had done it. Im one of those guys that doesn't trust many people away and I have to say that if I was reading this myself Id think hang on 'sex offender' and probably wouldn't believe me either, but thats what this is gents, an incredible coincidence, and I'm suffering badly at the moment. My family obviously believe me and there was no hesitation in telling my folks that id not done it and without knowing my relationship with my family i can tell you I'm not pathetic enough to lie to them id just hold my hands up and tell them. Simple. Im also more than man enough to plead guilty if I've done wrong.

Anyway, il be interested to read any replies that come in and opinions, especially from those who have suffered at the hands of a malicious allegation. There was a young couple recently on sky news who have been falsely accused of harming their child and the father said the false allegation is the worst thing he has suffered in his life and that he 'wouldn't wish it on anyone'. I NOW KNOW WHAT HE MEANS.

[Rights Fighter]

Two years ago I committed offences of outraging public decency and voyeurism and pleaded guilty at the earliest opportunity. Due to the judicial system it was quite some time later that I was actually convicted. There were no victims in the case and whilst you may think it obvious for me to say this, it was all rather silly. I did not receive a jail term and was given a community order and I am now on the SOR as a result. The public decency aspect involved upskirt photos (adult females) and the voyeurism was also of a female adult.

The ladies whose underwear you photographed while taking "upskirt" pictures are victims. They would have been horrified.

Equally, ogling in a voyeuristic sense women can be upsetting for the person being ogled in that manner. Trauma doesn't have to relate to indecent assaults and the like. It was not just a "rather silly" thing to do, it would have caused a lot of upset to the victims. Maybe you could ask for some help with regard to victim impact, as you do not seem to understand the effects your actions could have had.

Obviously the impact of those offences has been quite a hit but it hasn't prevented me from moving forward.

Think about the impact on the victims knowing that they were unaware you were busy photographing "upskirt" as well as the voyeurism.

I have concerns over my solicitor. He is at the older end of his work and doesn't seem to investigate properly.

Legal aid sols do not investigate. They do not get paid to do that, but to put the case together, along with issues relating to law and then pass to the barrister (brief to counsel).

He is of the opinion to just let the prosecution get on with it, referring to the special measures procedure, but i think it should be challenged because it is her that has approached me whilst parked up in my car, oblivious initially that she was even there. she now wants to hide behind a screen, well I wonder why ?? The barrister has stated tis will go against her, as she is the drunk one approaching me but i still think it should be challenged and she should have to face the jury with her allegation.

She will give evidence from behind a screen? That is perfectly normal in this situation. It won't go against her and it should not go against you. Are you being tried at Crown or Magistrates court? If Crown then the jury would, or should be directed that the fact the complainant has given evidence from behind a screen should not go against you, and that it is normal in these situations.

Giving evidence from behind a screen means that the jury will see her. The only person who won't see her is you, and those in the public gallery, although it is likely that they will see her come into the courtroom anyway.

You will be asked why you felt it necessary to check out properties at 4am (when it is dark) when it is unlikely that you would get access to them at that time.

There were a couple of other chores I did whilst over that way, including the sighting of my brother in the area

You will be asked about these chores too. How does the sighting of your brother in the same area assist with this?

[Itsallupill]

rights fighter,

Thanks for your victim orientated response.

"The ladies whose underwear you photographed while taking "upskirt" pictures are victims. They would have been horrified" - agreed, had they known.

"Maybe you could ask for some help with regard to victim impact, as you do not seem to understand the effects your actions could have had" - Maybe you should have considered that this has been covered during my community order before you passed comment.

"Think about the impact on the victims knowing that they were unaware you were busy photographing "upskirt" as well as the voyeurism" - As above

"You will be asked why you felt it necessary to check out properties at 4am (when it is dark) when it is unlikely that you would get access to them at that time" - who mentioned anything about access ? 4am is a normal time for me to be awake due to the nature of my work. your right it was dark, pitch black in fact, but according to her it was sunrise ! sunrise in fact wasnt confirmed until an hour later (source - the met office).

"You will be asked about these chores too. How does the sighting of your brother in the same area assist with this" - these are easily explained but not necessary to go into here, but yes I can account for them.

Thanks for your input, even if rather undertone.

[Casehardened]

Hi and welcome to the forum,

Thank you for being honest about your previous convictions and your premise that you would have similarly accepted guilt in this instance if you had actually committed the offence (masturbating in your car) that you are accused of seems a reasonable one.

However I am puzzled that you are now facing crown court as this latest allegation was (according to your post) only witnessed by one person:

What is Outraging Public Decency?
For outraging public decency:

1.D must do an act of a lewd, obscene or disgusting nature such as to outrage minimum standards of decency as judged by the jury or bench;
2.in a place accessible to or within view of the public; and
3.in the actual presence of two or more persons, who were capable of seeing it.

http://www.criminallawandjustice.co....Public-Decency


Is there another reason for the CPS to bring this case against you that you haven't mentioned?



[NB the above link may not be visible to everyone; however Wiki says much the same thing: https://en.wikipedia.org/wiki/Outraging_public_decency ]

[joe_3178]

Hi

Is this area an area which is known for prostitution?

[Rights Fighter]

Hi

Is this area an area which is known for prostitution?

I did wonder that but the way the OP writes, it doesn't seem as though she was looking for "business" as such.

If it is a red light area, possibly she is a person who wants to stop it, rather than being part of it, so is suspicious of any lone males in cars in the early hours.

[Lilyput]

Sorry but if they'd have known how can you be so blase?I mean men falsely accused on here have been respectful of women their entire lives to have their names dragged through the mud for no reason.

[Rights Fighter]

Sorry but if they'd have known how can you be so blase?I mean men falsely accused on here have been respectful of women their entire lives to have their names dragged through the mud for no reason.

I find it odd that there are no victims. How did he get caught out - upskirting and voyeurism? Unless it is the same incident. Was somebody following him and called the police?

I know if somebody did that to me I'd utterly disgusted and very upset to the point I probably wouldn't wear skirts at all after that. That sort of behaviour objectifies the woman.

Anyway, back to topic.

Maybe it was a red light area as one person has suggested and she's a vigilante who wants it stopped so is suspicious of any lone man in a car at that time of the morning.

[joe_3178]

I find it odd that there are no victims. How did he get caught out - upskirting and voyeurism? Unless it is the same incident. Was somebody following him and called the police?

I know if somebody did that to me I'd utterly disgusted and very upset to the point I probably wouldn't wear skirts at all after that. That sort of behaviour objectifies the woman.

Anyway, back to topic.

Maybe it was a red light area as one person has suggested and she's a vigilante who wants it stopped so is suspicious of any lone man in a car at that time of the morning.

Yes I ask because -with all respect to the poster- if it is known for this, then your motive of hanging around to research something is going to be questioned I'm afraid. Even if not your motives will be questioned and I say this in the spirit of preparing you for the worst. Not the answers you were perhaps wanting to your post, but hopefully useful to you in terms of understanding how some might view your situation.

Have you got support from someone such as a counsellor? That may be helpful for you in getting through this

[Itsallupill]

Hello to those that have replied since my last post.

To clear up the questions that have been asked and which I would be asking myself.

The area is not known as a red light area. The road I was parked on is one i have not been on before. I have never in my life sought the services of a prostitute and in my view she was not of the appearance of a girl looking for work at 4am, she was clean and looked well. It was only when she said "Are you sure you don't want me to help you" that it crossed my mind what it was she was actually at the car for.

This matter has no connection to the previous matters I have discussed (they are 2 years apart) and whilst on that I see people are going back to that and passing comment on it and to that I would say of course i regret it, it is very disrespectful to women and when I say there were no victims, what that means is that they didn't know and nobody had to attend court as there were no identified victims but i held my hands up none the less.

The being around at 4am part ! The premises i was looking for does exist in the area, i just didn't know where it was. I was looking for it after leaving a girlfriends whilst over that way. thats all, just whilst I was over that way, nothing more. When I say over that way, its about 40 mile from where i live, so thats why I thought il see where it is whilst I'm here, it is that simple. Due to my work, I am not a 9-5 go to bed at 10 person, I am awake throughout the night, I often do my tesco shopping in the early hours, so 4am to some may have a question mark over it, but to others it doesn't. I would like to post the nature of the premises i was looking for to back up my comments but I'm mindful of going into things too much with a possible trial looming. All i would say is that if it was something that I was lying about, I wouldn't have bothered with the thread in the first instance, it would be a complete waste of time lying in a thread, pointless.

The first reply to this thread came from a 'rights fighter' i think and when I read it, immediately the reply centred around victims. I get that and I agree. so in response I will say this. When you are found guilty of offences, you then begin a journey. I don't seek sympathy from anyone and never have but its important to mention this. The journey you embark on changes your life full stop. The processes you go through are lengthy and in my opinion they are purposely difficult to prevent you re-offending. The person I have now become as a result is a far better more respectful man than i ever was prior to the offending period. The workplace i was in at the time of my offending was a major contributor to my then deep depression, which unfortunately for me I was unable to identify. I am the type of guy that puts his head down and cracks on with hard work, but this was causing me damage. My offending led to me being sacked and released me from my potential being held back.

It is that journey I have been on, thats made me the better person today and for that very reason I wouldn't put that at risk for travelling 40 miles to expose myself to someone I didn't even know was at the car. To this day i still don't know from which direction she approached the car. what I do know is that when I made it known I wasn't interested in conversation, and said 'no' to when she said she could help me, things seemed to go down hill to the point where she then leant towards the car asking why my hand was in my pocket. it wasn't. She then backed away from the car and got her phone out filming the car and with a raised voice saying "I know why your here you better get moving" The phone was up in the air to the extent you can see the roof of my car in the photos, yet she has told police she took them discretely. Theres a photo of me waving as i eventually left just to keep peace more than anything as I did think that i was dealing with a complete loon by now.

What she has now gone on to tell the police is nothing short of incredible and my life has been turned upside down again having come out of the past matters a far better individual. so the reason I've mentioned the above is not for sympathy but to state that it is quite a rough ride you take after committing offences, a ride you don't want to take again and it is for that reason if this does go to trial that i don't mind my previous being raised. Even during my police interview, they wanted obviously to get my previous in, but my solicitor advised not to. I made it clear on interview that I'm ok discussing it but he said no. As far as I'm concerned when you reach court, its all open and I haven't got a problem with my previous coming into things because they are part of the change in person I have become and the very reason I wouldn't do anything at all like this.

In this case, i was initially arrested for outraging public decency. This later changed to a charge for exposure. The arresting officer, who is a d.i has said in his statement he arrested me for exposure. he did no such thing, he arrested me for OPD.

I believe he has done this because I only found out it was an exposure matter when i had disclosure with the duty solicitor before police interview. During police interview they asked if i understood what i had been arrested for to which i said yes, OPD but my solicitor has just told me its an exposure matter.

This has obviously been fed back to the d.i who has now put in his statement that he arrested for exposure which is just a blatant lie as the police by law should tell you what you have been arrested for and the grounds for arresting you.

Its difficult enough having the mindset to cope with her lie let alone the police adding to it, but its no big deal because either way, whether its OPD or exposure based on what she has said, the grounds for arrest are there. Its just disappointing to see a d.i very badly covering his back.

Not sure what else to add at this point, other than if there are any other question that people may want to know, il gladly answer them as i have nothing whatsoever to hide regarding this matter and that is reflected in my police interview.

Il just add to this, the purpose of creating this thread is to possibly come across someone who has had to deal with something similar. I have a borderline sense of humour and if I was reading this myself as an outsider id undoubtedly take the pi55 a little out of the post holder so I'm not sensitive to that, but essentially its opinions and creative feedback I'm looking for more than anything.

Thanks

[Rights Fighter]

From the moment an "investigation" begins there should be a log started. Different police forces had different names for this. Usually it's the CRIS report: Continual Record of Investigation System (or like that).

Every action that every officer makes, (be it a telephone call, updating the log, writing a statement etc) in the case should be noted in that, so the discrepancy relating to OPD / Exposure should be there, and the officer can then be cross-examined on that. I doubt it would make much difference to any outcome although it should alert the jury (or is this in magistrates court?) that the police officer has not been entirely honest, which could cause doubt over anything else he says or does.

Your solicitor / barrister should be able to obtain this quite easily. I often see them in trial files I am preparing for appeals against conviction.

[Casehardened]

In this case, i was initially arrested for outraging public decency. This later changed to a charge for exposure. The arresting officer, who is a d.i has said in his statement he arrested me for exposure. he did no such thing, he arrested me for OPD.

The case law defining the grounds for conviction (as opposed to arrest) on a charge of OPD that I referred to in post #4 has, I believe, only come into play recently.

I suspect the arresting officer was appraised about this when you were brought into custody and hence the hurried change of tack.

As RF mentions hopefully your barrister will run with this one.

[joe_3178]

What do you think her motivation would be for making this accusation?

[Itsallupill]

What do you think her motivation would be for making this accusation?

I have no idea but it is this that is causing me frustration beyond words. The likelihood is i will never know. Whether I did it or not has never been a doubt for me and it doesnt cause me any worry because i know it didnt happen, but why she has made the allegation is dominating my life. My opinion is that her evidence is so poor that the police have probably recognised this but they and the cps will run it on the basis of my SOR status. A sort of 'let the courts' sort it out approach. In the meantime im living a life as though im guilty and have no voice.

I will add that there is absolutely no link between me and her, i have never seen her before and she has never seen me before.

[joe_3178]

remember that worry doesnt do much to help. enjoy life best you can whilst you await the outcome of all this and have some 'time off' the problem