What evidence do you need to arrest someone for rape?

[Casehardened]

The arrest and charge are merely formalities for the cops to obtain your DNA samples, carry out a medical (if required) and hold you until someone somewhere takes responsibility for you and decides whether you're being remanded or bailed.

In Scotland the charge more or less always follows arrest. Merely two words with the same eventual outcome.

Thanks for this explanation; it will be useful for any of our Scottish members as otherwise, after looking through the threads on this forum, they may be overly concerned that they have been charged (as, in the rest of the UK, charge will usually be followed by a court appearance)

I wonder if, once your own particular issue has been finally thrown out, you would consider putting together a guide as to what happens to anyone (falsely) accused of a sexual offence in Scotland. We do occasionally get Scottish folk join the forum and it would be useful to have a definitive overview of the Scottish procedures to point them to, especially as these have recently changed.

Hope all goes well on Thursday.

[lawlessone2009]

Thanks for this explanation; it will be useful for any of our Scottish members as otherwise, after looking through the threads on this forum, they may be overly concerned that they have been charged (as, in the rest of the UK, charge will usually be followed by a court appearance)

I wonder if, once your own particular issue has been finally thrown out, you would consider putting together a guide as to what happens to anyone (falsely) accused of a sexual offence in Scotland. We do occasionally get Scottish folk join the forum and it would be useful to have a definitive overview of the Scottish procedures to point them to, especially as these have recently changed.

Hope all goes well on Thursday.

I may yet go to jail...

What I cannot for the life of me understand is WHY a member of the public (such as me...) would actually have to explain how the system works in the first instance. Would it not make life so much easier if the authorities simply provided the information?

The accuser gets all the help under the sun and explanations for everything and yet the accused gets nothing!

I'm lucky that I was/am a speeding motorist and have experienced first hand the 'justice' system in Britain. I've realised that the perceived justice and actual justice are completely different things and generally based on the ability to pay rather than offence (I know rape is different, but not that different).

For someone that finds themselves dragged before a cop or judge for the first time in their lives facing a sexual allegation it must be a horrific experience. I sure couldn't cope with it!

It would also be a case of the blind leading the blind. A gaff with legal representation (turning up with an inexperienced solicitor) and you could well be going to jail for a long stretch. I find it incredibly odd that the state wants SPECIALIST prosecutors for rape (won't let anyone else near it!) yet is still happy for Joe Public to turn up with a divorce lawyer. It should be balanced on BOTH sides.

I've seen many friends experience harsh justice due to useless defence solicitors. I've seen others, with little experience of the justice system, being royally screwed over due to lazy legal advice. There are too many legal practitioners that simply use legal aid for bread and butter turnover rather than constructing defences for people in need.

I've also seen people pleading to accusations, that have either been wrongly charged or are innocent, simply because the state seems overbearing and the pressure gets too great.

I take on board what you are saying Casehardened and entirely agree that a general layout of what's what in Scotland will be needed for future posters seeking help. I will of course be more than willing to do this whether I end up in solitary or am completely cleared of any wrong doing.

I do wonder what we pay our taxes for though.........

[Casehardened]

I do wonder what we pay our taxes for though.........

Well of course a proportion of taxes that we pay goes towards the 'justice' system (the accusers aren't troubled whether or not to go private or via legal aid, they get the best representation going) the compensation culture, and the welfare system supporting more than a few false accusers ; not forgetting the cost of locking the falsely convicted up.

Plus, more often than not, the accused is a productive member of society who is then railroaded out of their job with a consequent loss to the treasury, meaning the rest have to pay his share.

Rant over....but thank you for your offer to put something together; as you mentioned, in the matter of defence, knowledge is power.

[Izzy]

Sorry, totally missed this thread as it's in General...

Try leaving a 'voluntary interview' and you WILL be detained. This is exactly what I attempted to do. Section 14 of some piece of legislation (can't remember which) allows then to detain for questioning if they are of the opinion of something or another. You will not be walking out without either a Police Undertaking (bail) or an initial court appearance and bail. Worst case you ain't walking out at all!

The arrest and charge are merely formalities for the cops to obtain your DNA samples, carry out a medical (if required) and hold you until someone somewhere takes responsibility for you and decides whether you're being remanded or bailed.

In Scotland the charge more or less always follows arrest. Merely two words with the same eventual outcome.

I was Police bailed to appear at court 7 days later. This was to allow, as you mentioned, some clown in Edinburgh (an EXPERT!) to decide whether to proceed or not with the charge. It's pretty much guaranteed that they will proceed as you can't be seen to be backing down so easily especially with a potential rapist on the books!

Apparently the court has to refuse bail for this type of offence now... It's not happening though as they know that rape in Scotland is a difficult charge to prove which is why they are busy changing the goal posts and also attempting to kill off corroboration entirely even though it is already pretty much dead.

Bail granted and then precognition takes place whereby the accuser and any witnesses give formal statements to a prosecutor dude. You eventually end up with copies through your solicitor which is generally where you will begin to see what the actual allegation entails.

As far as I am led to believe they have 12 months from charging you to getting the case onto the court role (present the paperwork to enable a trial).

I am not sure why the Police swapped their undertaking for Court Bail....

I am also not sure why I made a first private appearance in court (except to be granted bail!).

I've yet to see statements. Get em this Thursday...

I'll hopefully have more answers on Thursday......

Feel free to PM me just in case I miss this thread again, will attempt to remember...

Thank you for taking the time to explain

Casehardened hit the nail on the head - I was confused by the arrest/charge bit as it's different in other parts of the country.

I had no idea how the legal system worked and in a case like this there is no help, info. etc, so when I first started this thread I was at a total loss of what was going on and was trying to make sense of it all - 'innocent until proven guilty' was how I thought it all worked, doesn't seem to be the case with a FA.

Hope all goes well on Thursday.

Izzy x

[truthspeaker]

Unfortunately none. Girl goes to police, says I been raped, Police will arrest.