Falsely Accused can i sue the CPS

[Summerrose]

hi i was accused of sexual assault in December, arrested and then out on bail the next day the girl went to the police station to drop the charges but was told the cps will pursue the case she explained she was drunk and nothing happened, she went 5 times but no one took notice there was no DNA evidence obviously as nothing happened. i then went to Magistrate court twice and then onto crown court by then she had handed in a written statement on the 5 April and she was chrged for wasting time, but no information was passed to Crown court. again on the 20th april i was back in court CPs had not forwarded evidence to my solicitor judge gave 14 days to CPS to do this but to no avail we then went back to court judge gave CPS 7 days to CPS at the end of seven days my solicitor recieved a letter to say there is no evidence. the girl is already awaiting sentencing for other sexual assault case, but my life has been destroyed i have lost every thing my family,job, friends and social life, but worst of all i could not be with my child when she mostly needed me as she was diagnosed with a terminal illness. During all this time i was still on bail conditions can i sue the CPS?

[Saffron]

Hi Summerrose

The answer is....I don't know. What you describe sounds like an absolutely ridiculous situation. Have you spoken to your solicitor about this?
You could try writing to the Law Society....although they do tend to back their own members.

Sorry not to have been of more help.

[Summerrose]

Thanks saffron i might just check the Law Society, but just to let you know the judge was in such a rage at the other Party he said he wanted an enquiry into this as to why the police officer didnot pass all the relevant information on to CPS and as why was public money wasted when there was no case in the first place he also said he will not sentence the girl as she is in custody (another offence) until an enquiry is made and she should not get away lightly as the police charged her for wasting time. in the meantime ive been back to the police station to get back my phone but have left messages for this officer as hes not available or off duty and still not heard from him they charged the girl over 2 months ago. it just goes to show that the Police need to actually fight crime by getting the actual culprits and not waste vital public funds trying to prove and put innocent people through hell not to mention the impact it has on the families.

[Bigsister]

Unfortunately priority is prosecutions, regardless of families feelings, & it makes you wonder if they let yours go that far so as to prosecute her?

[Rights Fighter]

..............but just to let you know the judge was in such a rage at the other Party he said he wanted an enquiry into this as to why the police officer didnot pass all the relevant information on to CPS and as why was public money wasted when there was no case in the first place he also said he will not sentence the girl as she is in custody (another offence) until an enquiry is made .................

Before trying to sue the CPS ask a solicitor to make enquiries as to how the judge's requirement is progressing - if at all. That is your starting point.

[davet]

Hi summerrose,

I sympathise with you greatly as your current position is very similar to yhat in which I find myself. Some years ago, I had a small 'scuffle' with my alcoholic, heroin addicted stepson in the drive of my own home, I retreated indoors when he picked up a spade, and he smashed a window to get in and in doing so he cut his head open. He told the police I had hit him with a spade causing his injury, and I was subsequently arrestedand charged with GBH, despite there being no actual evidence (ie forensics on the spade etc) statements from independant witness's which contradicted my stepsons evidence, and points in his statement which at best could be described as impossible. As he was living at my house, my bail conditions prevented me returning there on my release and I had to stay in a run down hotel for a number of months whilst my stepson languished in my home.

I was found not guilty at the crown court however, by then I had lost my home, my business, my marriage, undertook councelling and at 56 years of age, despite working all my life I am now one of the unwashed jobseekers with no prospect at that age of gaining employment.

I went through the process of complaining to the cps and the police but was told that they had done everything in accordance with their rules and regulations (no surprise there then) and after nearly 2 years of trying to get somewhere I was advised that I would never suceed in this unless I use a solicitor. It took me an age to find a solicitor who deals with such matters (Noble Solicitors in Luton 01582 544370) who are now in the process of suing the police for malicious prosecution on my behalf. (They do seem to take their time but get there in the end arranging legal aid etc.

The police and the cps seem to regard themselves above the law, with no regard whatsoever to their duty of care in situations such as this, their maxim not being innocent until proven guilty, more like guilty until you prove yourself innocent. I had studied law whilst obtainig my degree and had even served as a police officer in my distant youth and I was staggered that despite the staggering lack of evidence, and evidence contrary to my stepsons statement, that this case went to a full blown 5 day trial and I formed the opinion that it was just to keep expensive barristers and court staff occupied in order to earn their huge salaries. (sorry, got a bit carried away there)

I hope my rant has helped you, or at least let you know that you are not the only one in this situation, and wish you the very beat for the future.

[RFLH]

thanks for your post davet.

Can you keep us updated on how things are going for you please?

[davet]

thanks for your post davet.

Can you keep us updated on how things are going for you please?

Hi Super Moderator,

I am more than happy to keep all informed of my progress with this situation although I have come to realise, ( having been unfortunate enough to experience the snails pace of the judicial system) and have been advised, that the expected progress with a case against the police has only 3 speeds, reverse, stop and extremely slow, and I have been advised by solicitors acting, that it may take up to 3 years for this to come to a court hearing, unless an out of court settlement can be agreed.

It is a sad state of affairs, and a poor reflection of the times in which we live, when we find ourselves in a situation in which we cannot trust our own judiciary.

[Rights Fighter]

I formed the opinion that it was just to keep expensive barristers and court staff occupied in order to earn their huge salaries. (sorry, got a bit carried away there)

I hope my rant has helped you, or at least let you know that you are not the only one in this situation, and wish you the very beat for the future.

Most publicly funded sols and barristers do not get very well paid. Some court staff are actually voluntary workers.

The reason these false allegation non-cases proceed is because of the Government rape conviction targets.

[A RUINED LIFE]

let the world know go to the media so this does not happen to more poor guys

[Rights Fighter]

Best not go to the media as your version of events will probably get twisted to make a salacious story even more interesting. LS tried is and it backfired badly.

[davet]

Agree completely with RF

[davet]

thanks for your post davet.

Can you keep us updated on how things are going for you please?

hi RFLH,

Please accept my apologies for addressing you as super moderator in my previous post, i am still in the infancy stage of all this and a bit of a technophobe