Hi, I'm a Newbie

[WorriedfromScotland]

Hello Everyone! As you've probably noticed, I'm new to this forum. Sadly, I don't seem to be new in my problems though. Never realized the scale of this problem until I found this forum. My son has just been accused of historical rape by an ex-girlfriend & it's been a nightmare for the whole family because we always thought that you were considered to be innocent until proven guilty. He was arrested, charged & taken to court where the Procurator Fiscal liberated him because of lack of evidence, conflicting statements & dubious witness quality. We have to hope that they don't try to present more evidence & that the forensic tests come back negative, then I think we can move to have the case dismissed after 12 months.

Words cannot describe how we've all been affected. My son's partner of 9 years has left him & taken the children, he is now prescribed Prozac & sleeping tablets. He is emotionally destroyed. I am so worried about him but we are trying to be strong & positive.

I hope that we can try to raise awareness of false rape accusations - every man could, potentially, be accused by someone just because they can.

[Franticwithworry]

I'm so sorry to hear of the devastating effect the accusation has had on your son's life, despite the fact that the procurator fiscal felt there was no substance to the claim.

It's true that all men are at risk while accusations can be made without fear of consequences no matter how big the lies, but unfortunately nothing seems to be being done at present. All we can do really is educate our boys to protect themselves, but even that doesn't help with accusations that are maliciously fabricated out of nothing, and there are plenty of those.

I hope, in time that your son's partner sees sense and is willing to repair their relationship, if that's what he wants. It's a nightmare for everyone concerned, even when the authorities don't prosecute because too many people thing 'no smoke without fire'. There really needs to be a 'no crime' category.

[lawlessone2009]

Hi and welcome to the forum.

The Procurator Fiscal in Scotland is still attempting to chip away at the '12 month rule'. There have been no noted gains made.

I am from Scotland and went through a strange process similar to what you have detailed.

Did the liberation on bail happen after an arrest and detention at the Police Station with the court appearance the following day? Was the liberation on Police bail?

Do you have a solicitor?

[WorriedfromScotland]

Hi Lawlessone,

Yes, we do have a solicitor.

There was no bail set. The Police arrested my son on the Thursday & he was taken into custody near to the Court to appear on Friday afternoon. The PF never saw him but advised his Solicitor that he could be released since there was no actual evidence & the 'witnesses' were well known to him due to their frequent appearances before him.

I'm less than happy with the way everything was handled by the Police & feel that a considerable amount of their time was taken up at public expense for no reason. Additionally, my grandchildren suffered the loss of their father at a time when they needed him to be with them. Why did the Police wait 4 weeks to arrest him, take him by car to a custody suite some 45 miles away with 2 CID officers & take up the Court's time?

I won't be making any complaints until the case has been formally dropped (if it ever is), but I shan't just ignore it. On the plus side, I'm 2 stone lighter (couldn't eat for 5 days) but I'm back on ciggies again & my husband's had a stroke. We could all have done without this.

[Izzy]

Sorry you find yourself here WFS.

The same thing happened to my Son a few years ago and I remember the emotional fall out from it like it was yesterday. At the time I was a bit lost in what was actually happening legally and what liberation stood for in Scot law. Since then I have seen quite a few people post on here about it and many an article in the newspaper of the same thing happening after an investigation.

I think rape accusations are a hot potato for the police which they are happy to pass onto the PF. I think it speaks volumes though that having arrested and charged someone with such a serious offence you would release them with no bail conditions.

[WorriedfromScotland]

"I think it speaks volumes though that having arrested and charged someone with such a serious offence you would release them with no bail conditions"

Izzy, I think you've nailed it right there. While rape is undeniably a terrible crime that should be dealt with appropriately, there seems to be no buffer of commonsense that could identify the genuine from the malicious.

Because the accuser has told all her junkie pal & partly because he was seen handcuffed on the ferry, everyone in the town here now knows that he was arrested & charged with rape.

[Izzy]

If it's any consolation we were faced with exactly the same and it spread like wildfire around the small town we live in.
At the time I thought that there was no way we could stay here but we still do. It's an old cliché but there is something in the saying that time heals a bit.

I'm sorry to read that your husband has had a stroke, I hope he is recovering? I think the stress at the beginning is unbearable, I remember in the first few weeks thinking there was no way I could cope with it but I did and you will too. Although it's easier said than done try and not let it take over your life, there will be bad days but there will be days that you feel better and more positive. I found going for long walks helped me a bit, I never felt like going but always felt better afterwards. The worst thing you can do is dwell on it every waking hour.

I really hope for a speedy outcome for you all.

[WorriedfromScotland]

Thank you, Izzy.