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  • Im in a mess

    I dont really know where to start, I found this site and I have read all the information, the "what happens" section was word for word!

    It started when a friend of mine was chatting to a guy nearby on an IPhone app, lets just say its a social networking app for gay men. The guy wanted to meet and he wanted a third guy, he started texting my friend rather than using the app to chat as this was easier. He did say what he wanted to do, which was be tied, double penitrated etc. My friend picked him up and brought him back to our house (hes a housemate) I was introduced and within a few seconds I realised he was a fantisist, he said lots of stories, like "I have the same sofa in silver, but mine was £8,000 from Harrods" he said "I got cruised by George Michael but I turned him down, cos I dont like hairy" Lots of silly stories, my friend actually said he was like Petuna Gordino, the character played by Julie Walters in Dinner Ladies. It was as though he had to tell stories to make himsel interesting, like attention seeking.

    We didnt do the things he wanted, we actually didnt penitrate him at all personally, I tried (it was concensual) but I wasnt arroused enough, he performed oral sex on me, but I didnt on him. We took smoke breaks and he was snorting coke (that he brought) off my coffee table, I think we all realised it wasnt really working and I offered him a lift home, he accepted and I drove him home. The following morning my friend phoned me to say he had recieved 64 texts from the guy during the night, which he didnt hear and didnt have time to reply because he was getting ready to go to work, when he had chance to look at a few o the texts, it would apear they got more and more threatening, like "pervert" etc. My friend said that he was worried, and I said, just ignore him.

    Later in the morning, my friend found an app or IPhone to block certain numbers so he blocked the guys number. I personally think that as the guy was texting with no reply during the night that he was getting more and more annoyed at not getting a responce, and eventually went to the police.

    I was arrested first and my home/work (same place) and they asked where my friend was, I told them he was at work and concequently they arrested him about 30 mins later, we were both taken seperately to the police custardy suite and put in cells, Neither of us knew the other was there at the time. I spoke to the duty solicitor as did my friend, it was at this point I realised my friend was there too.

    The solicitor told me that our stories were identical, and I said that because they are recollections of the truth from our memory and not stories. I then saw a doctor who told me the "Victim" was HIV positive, I asked if that was fact because he told us the previous night that he was in fact "clean" I asked the doctor if he could find out from his gp if he was in fact positive or if it was another story, he said that he couldnt ask or that information, so I said if that guy has put me at risk I need to know, I was sent back to my cell whilst the doctor gathered more information, I later went back to the doctor and he told me he had spoken to his gp and that he was HIV positive, Though his count was below the safe leval. I was offered medication, like a morning after thing for HIV but as I hadnt had full sex with him I didnt think I should need to, he did say that it wouldnt affect my case, but I still declined.

    I gave my taped interview under caution and my friend gave his afterwards, we were held the full 24 hours or just under, and during this time the police were searching my home, they even had sniffer dogs in. They took all our pcs, IPads, Phones and my very large porn collection on dvds, I know they wont find anything untoward on the dvds as thats not my thing, nor will they find anything on the pcs. We have been bailed until the new year, but I cant cope with this, its tearing me appart, my partner is fully supporting and knows I and my friend are innocent, but I dont know what to do........I cant concentrate on anything.

    I'm a sexually active gay man, I`m 45 and my friend also gay is 48, the so called victim told me he was 32 but in fact is 49
    Last edited by RFLH; 3 December 2012, 03:58 PM. Reason: added paras for easier reading
    The truth will provail.......

  • #2
    Hi Jacko, welcome to the forum.
    Poor you (both)! A guy invites himself back to your place, tells you he's not HIV positive when he is (and it seems had every intention of infecting the pair of you) ,doesn't get what he said he wanted in his texts and is now accusing you of ..... (?) I'm surprised the police didn't tell him to get on his bike! It seems they were very hard on you... 24 hours is a long time and I daresay you were both terrified. I'm also surprised they went through your flat in your absence - I would have thought they would've needed a warant for this.
    The first thing to do is relax.... then sit back and take stock of what actually happened. Write it down in list form with times if pos and try to remember all texts between your friend and this guy. Once you've done that you can start looking for a specialist solicitor (pref one who has experiece in FA and gay matters) - if you're not charged you won't need one, but if you are you'll already have done some ground-work.
    Re-read your bail conditions and make sure you adhere to them. This guy seems to have problems, it's not unlikely that he has a history of similar conduct - you may not be in a position to find out about him because of your bail conditions but someone else might be able to. On the subject of bail, many people are re-bailed several times before they're charged and this can be very hard to take. All you know at the moment is that nothing is likely to happen until the new year so enjoy the festive period.
    I hope I haven't given you any duff advise, I'm sure someone who is legally knowlegeable will be along soon.
    Take care

    Comment


    • #3
      Thank you

      Hi, thank you or your responce, we didnt get chance to read all of the texts he sent my friend, we have been onto vodafone who told us they are not able to access them without his phone, so hopeully the police will read through them and realise its all lies but Its just the waiting in the mean time. I cant say what business Im in but I'm worried about it getting out because my business cant afford to loose any trade as it is we are struggling. I have contemplated selling up whilst I have chance but fear that might look like an admission that I have wronged. Thats how worried I am, I was hoping to carry on for another 5 years or so and take early retirement.
      I telephoned the police today and left a message for the pc in charge, asking if I could ring my phone service provider and get a new phone and new sim, and if I do so will it affect anything they have to see on my phone, again I dont want it to look like I am hiding anything. I have nothing to hide, I told the police not to leave a stone unturned. Yes they did have a warrant when I was arrested I think he did say, but to be honest I went to jelly and it was all a bit of a blur.
      I've never said before "I want to wake up and it all to have been a terrible nightmare" but never before has it been so apt.
      I have sworn I will have a tattoo when all this is over, "The truth will prevail" (I'll check the spelling first though!)
      The truth will provail.......

      Comment


      • #4
        You have spelled it right, Jacko
        When you next speak to the OIC, ask him/her for all the relevant paperwork, including a copy of the search warrant.
        This man sounds like a delusional fantasist, so if/when you are charged, make sure your sol applies for his medical records. Most likely the request will be refused, but there are steps that can be taken to ensure you have access to them.
        I am nervous that Plod have your phone - they could easily "lose" the texts sent that describe what this man wanted to be done to him. Remember that the police are not looking for evidence of your innocence, only evidence to corroborate the accusation. Speak to your sol about instructing a forensic phone specialist. The texts can be retrieved, but most phone companies are reluctant to do this unless they are legally instructed to.

        Finally, I don't want to preach and I am sure you have gone over this in your head, but....engaging in casual sex leaves you very vulnerable to accusations such as this. That's all I have to say.
        Welcome and good luck

        Comment


        • #5
          update

          Last night I borrowed my partners IPhone, saved it to itunes and reset it, I then intalled it as a new phone (my friends) and uploaded the backup fro ICloud, lo and behold all the messages on Jackd (the IPhone app we used to chat to the guy) was all there, I took screen shots of the entire conversation and uploaded it to my pc before restoring the phone back as my partners.

          We now have the full conversation that took place between my friend and the "victim" stating: What he wanted to do, he wanted more than one guy, he wanted to be tied etc. Now I dont know what to do with this information?

          I am going to call "Pink Law" later today for some advice.
          The truth will provail.......

          Comment


          • #6
            Well done for saving all those messages.
            Whatever you DO NOT give them to the Police.
            Don't even tell the police that you have them. Give them to your solicitor. They will be a very powerful tool for your defence.
            Ask Pink Law for recommendations of specialist solicitors. The solicitor you choose should be experienced at successfully defending false allegations of sexual assault/abuse. A standard criminal sol will not do. Sex-crime cases are very different to pretty much all other criminal cases.
            Pleased to hear that you are taking such positive steps.

            Comment


            • #7
              Originally posted by JACKO View Post
              Last night I borrowed my partners IPhone, saved it to itunes and reset it, I then intalled it as a new phone (my friends) and uploaded the backup fro ICloud, lo and behold all the messages on Jackd (the IPhone app we used to chat to the guy) was all there, I took screen shots of the entire conversation and uploaded it to my pc before restoring the phone back as my partners.

              We now have the full conversation that took place between my friend and the "victim" stating: What he wanted to do, he wanted more than one guy, he wanted to be tied etc. Now I dont know what to do with this information?

              I am going to call "Pink Law" later today for some advice.
              Well done!

              Comment


              • #8
                This is extremely powerful evidence. Ensure it is backed up several times, and Saffron is right: this information should not be given to the police unless a specialised solicitor recommends to.
                "Be sure your sin will find you out"

                Numbers 32:23

                Comment


                • #9
                  What strikes me from what you've said Jacko, is that you would have a case against the accuser for lying about being HIV positive, it makes me wonder if that
                  was the reason for the accusation.

                  Comment


                  • #10
                    Back up

                    Its just a shame I couldnt axcess the text mesages sent from him to my riends phone, ICloud last backed up the day before we had the texts and met him. Thank god for ICloud! I usually back my phone up to the pc but I set my riends IPhone up to back up to the cloud because he dont have a pc. I thought about how I could do it for ages, and when I actually did it, it was a Ureekkkaa moment.

                    I have backed them up to my pc, sent a copy in pdf format via email to all our email accounts which can be accessed on any pc, I have also copied all the information onto a dvd and given copies to a trusted friend or safe keeping. I am going to do a copy to give to my solicitor.

                    I/we have contacted Pink Law and left our number for them to phone us back, aparently thats they way they work, they dont man the phones, they just reply when they have time, so fingers crossed.

                    I spoke with my friend last night and we both decided that if, or hopefully when the Police say NFA, and dismiss us, its then, that we both file 2 individual reports of him, stating that he told us both he was "clean" when asked about his status and it transpires that he is in fact HIV pozative, this is against the law to have sex with anyone without telling them.
                    The truth will provail.......

                    Comment


                    • #11
                      I will prey for you tonight. I hope the lord helps

                      Comment


                      • #12
                        Sounds like a crisis. If your accuser was consenting and has Aids or HIV and lied about it he could do unfixable damage to innocent people. And the police must do something.

                        Comment


                        • #13
                          Solicitor

                          I have an appointment to see Martin Oldham on Tuesday, just to get some advice on what to do next really and see what he thinks. Hes supposed to be very good at this sort of thing and only takes on cases he want to. http://test.lawtonslaw.co.uk/aboutus/martinoldham
                          The truth will provail.......

                          Comment


                          • #14
                            I hope you got on well today and got some positive feedback.

                            Comment


                            • #15
                              Thank you

                              Yes I got on very well with him, he is going to draw up a "Battle plan" but in the same breath, he is sure it wont go much urther because the story he has told is not stcking up very well.
                              Fingers crossed!
                              The truth will provail.......

                              Comment

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