What evidence do you need to arrest someone for rape?

[Izzy]

In the case of a one night stand for instance where someone says they changed their mind. What evidence would police need, would it be one persons word against the others? Or would you need more? Scotland law by the way.

[Saffron]

In terms of arrest (and in some cases charge and conviction) all that is needed is for a complaint to be made to the Police. It can be a lottery - many guilty go free and many innocent end up convicted. This is true of both English and Scottish cases.

[Izzy]

Am a bit lost in all this and am wary about writing what has happened, but thanks for your reply.

[Saffron]

Hi Izzy
The fact that you are posting in the Falsely Accused section leads me to believe that you or someone close to you has been falsely accused.
If you post up the bare bones of your story there will be plenty of people offering support. Just don't put any identifying features in your post. If you get nervous one of us Mods can always edit or delete what you have written if you want us to.
Welcome, by the way!

[Saffron]

Well, the "evidence" required in a case of rape or sexual assault is basically a statement from the accuser. Of course there may be further evidence in genuine cases such as DNA or injuries, but corroborative evidence is not required. If I were to wander into a copshop now and state that I wished to make a complaint of rape that would be enough to ensure the arrest and interrogation of the person I was accusing.

Complainants are given an extensive medical exam (unless the allegation is historic, ie: from months/years ago) and are they interviewed, but if they can name the "rapist" an arrest is certain to follow.

If the person who was accused was kept at the station for 2 days it could be for any number of reasons. Possibly they were still busy talking to the accuser; they might have been waiting for a specific officer to be available. My hubby attended voluntarily the same day as the allegation was made and he was kept in for 24 hours. He spent quite a lot of that time waiting for someone to become "available" to question him. I think this is a common tactic - keep you waiting so that you are mentally worn down by the time they decide to talk to you.

Don't feel pressured into posting what has happened. Take your time. It's a scary thing to have to put into words.

[Rights Fighter]

The complainant making a witness statement is "evidence". If she "told" other people immediately after the alleged assault then those other people would be known as "recent complaint" witnesses. So that's more "evidence". Evidence in law but not in common sense terms of course.....

[Izzy]

Ah, I see what you mean.

Have never been on the wrong side of the law, nor has anyone close to me.

Am shocked by how this person has been treated, when I spoke to the Detective today I said I thought it was supposed to be Innocent until proven guilty, not the other way around, that was when he hut me with the ' we wouldn't arrest anyone without evidence'

Apparently this has no time limit either, as he was 'liberated' there is no time limit for investigation.

[fighter]

hi Izzy,
welcome to the forum, sorry you have to be here because of this. If you are wary about posting your story, you can read through other threads and see similar stories to you and you can see how outrageous it can be and yes, just one statement from the accuser can turn your loved one and your family's life upside down.

In the meantime, you can ask specific questions that may be bothering you and slowly you can tell your story. It is always hard to tell stories about this situation. It is good that you found this forum as early as now. That is a good start for coping up with the situation. We all came here very unfamiliar with what was thrown to us; most of us would say we have never been in trouble with the law; and the police is not very helpful in assuring us what would be the next step.

I hope the accused is on bail and not kept in the police station. Please update us.

[Saffron]

Great reply Fighter. As ever, I am in awe that you give support to others whilst in the middle of your own nightmare.

[Rights Fighter]

She's great isn't she!!!

[RFLH]

make sure you get one that deals with this sort of case, its important that they know the ins and outs.

[fighter]

thanks Saffron and RF, now I wish I could do this as a full time job!
hope you are all having a relaxed saturday night.

Izzy, hang in there. I hope you can see your GP soon. It does take time for everything to get back to normal. Somehow it is normal to struggle.. if ever that make sense! For us it took us two weeks to somehow feel normal, even eating and sleeping has become a problem and my weight dropped as if I have run a marathon Hope you have somebody with you.

[Izzy]

RFLH - I'm not sure who deals with this kind of case, am looking at phoning a Criminal Solicitor who has been in the job for a good while and has a good practice behind him, do you think that will be OK?

Fighter - I am on my own and will be for a few weeks more and this isn't really the sort of thing you can speak easily to people about, I think that is why I found myself here. I saw my Doctor and have been given a weeks supply of tablets to take the edge off. I know what you mean about the weight though, I can't seem to eat a thing but have taken up smoking again after being stopped for 10 years.

Thanks for replying,

Izzy

[RFLH]

if you put your county up - hopefully someone will be able to suggest one in the right area for you.

[Casehardened]

Izzy, you mentioned that the person who is accused comes under Scottish Law; did they have a solicitor present at their initial police interview?

If so, perhaps you could have a chat with that solicitor; they might possibly recommend a colleague who specialises in that particular field of expertise.