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**Faith** · 23 August 2012, 12:02 PM

Has this been reported to the police? If not, do not contact the police.
If so, I'd expect to be arrested. Ensure you have a solicitor for the interview

**marti** · 23 August 2012, 12:10 PM

Originally posted by Faith View Post

Has this been reported to the police? If not, do not contact the police.
If so, I'd expect to be arrested. Ensure you have a solicitor for the interview

nothing has ever been reported to anyone as far as i know
i contacted a solicitor 15 years ago, cant even remember who they were. i've had no contact official or unofficial about any of this since the day i got accused and only hear this stuff second hand from other family members

**Faith** · 23 August 2012, 01:25 PM

In which case, I would store any threats made to you via a form of media (text, email, Facebook etc) in a safe place and avoid the people accusing you as best as possible. Do not give into blackmail...it will make it seem as if you have something to hide.

Do not contact the police yourself.
Sounds as if they are just trying to threaten you and don't have a real intention to report it, but it's best to be prepared just in case. It seems hard, but try and live a normal life and don't let these people rule your thoughts.

**Casehardened** · 23 August 2012, 01:56 PM

Hi,

You mentioned she is a drug user; wonder if the reason for bringing it up again now is the realisation of the compensation she might get.

This isn't helping you find a solution but it might be helpful to understand her possible motives.

**marti** · 23 August 2012, 02:08 PM

Originally posted by Faith View Post

In which case, I would store any threats made to you via a form of media (text, email, Facebook etc) in a safe place and avoid the people accusing you as best as possible. Do not give into blackmail...it will make it seem as if you have something to hide.

Do not contact the police yourself.
Sounds as if they are just trying to threaten you and don't have a real intention to report it, but it's best to be prepared just in case. It seems hard, but try and live a normal life and don't let these people rule your thoughts.

as i said i've not had any contact for years so they dont know facebook email phone numbers or even my address and i've had no threats
all this seems to get relayed to me through my mum or sister and the last i got told was she wants to meet me and get closure to which i replied i dont want anything to do with any of them ever
also dont like the fact that my mother and sister have to put up with this all over again
the worst thing yet to come from that night i was accused 15 years ago was the fact that my sister who was 14 at the time got woken up in the middle of night to get asked a question and she could'nt believe her ears
obviously she answered no... to this day i dont know if my mum asked cause she was worried or just wanted to put her mind at ease or maybe just to prove a point to everyone.

**marti** · 23 August 2012, 02:13 PM

Originally posted by Casehardened View Post

Hi,

You mentioned she is a drug user; wonder if the reason for bringing it up again now is the realisation of the compensation she might get.

This isn't helping you find a solution but it might be helpful to understand her possible motives.

i dont know if she was an addict or she just dabbled in drugs, just that i'm getting the blame for all the mistakes in her life
motive might be that my sister is getting married soon
maybe to try and mess things up a bit, dont know

**soulbug** · 26 August 2012, 12:05 AM

read up about "doli incapax" based on the age of the allegation and your age at the time of the alledged incident , "doli incapax" would apply and have to be rebutted if this matter went to court..........dont let any legal advice tell you that it would'nt .

Doli incapax for 10-14 years old was removed some years ago......but it was still inforce during your alledged incident , so it would still apply, the CPS would have to rebutt the presumption .

**Rights Fighter** · 27 August 2012, 10:48 AM

The solicitor in my signature would be able to advise you further in relation to 'Doli Incapax'.

**lawlessone2009** · 28 August 2012, 12:15 AM

Oh NO!!!!!!!!!!

I've made a complete mess of my life and it's all YOUR fault!

Other people say it's your fault too so it MUST be true......

Personally, I'd ignore the allegations. Don't talk to the Police if they decide to interview you, go 'No Comment' and STICK TO IT! Do not be drawn into 'good cop, bad cop' or 'we're just wanting this sorted out' or anything else. NO COMMENT and that is the only answer you give. They are not your friends and you have absolutely nothing whatsoever to gain by saying anything other than NO COMMENT.

Have a solicitor present but go NO COMMENT.

NO COMMENT is all you need to know IF the allegation is reported to the Police and you're 'invited' in for a nice little chat (arrested and formally interviewed!).

If, and it's a real BIG if, you were ever to be charged then use the 'doli incapax' via a solicitor in whatever manner it is used. Rights Fighter and Soulbug clearly know something about it...

A little google throws up some interesting reading:

http://www.newlawjournal.co.uk/nlj/c...onism%E2%80%9D

Little history lesson there... Everyday is a new day.

NO COMMENT.

**Faith** · 28 August 2012, 08:46 AM

You cannot advise what the person should say in interview with police, Lawlessone, as you will not see the disclosure if it ever goes to police (Which I doubt)

Only a trained solicitor is able to do that. Sometimes a no comment interview is not the way to go.

**Rights Fighter** · 28 August 2012, 09:36 AM

You beat me to it Faith.

How many times does it have to be said on this forum that going 'no comment' without the advice of a solicitor can be used against you at trial?

Even then, depending on why the sol would give such advice, it can still be used against you.

**lawlessone2009** · 29 August 2012, 01:24 AM

Originally posted by Rights Fighter View Post

You beat me to it Faith.

How many times does it have to be said on this forum that going 'no comment' without the advice of a solicitor can be used against you at trial?

Even then, depending on why the sol would give such advice, it can still be used against you.

I actually tend to disagree in this circumstance.

Generally I do agree with you guys!

An incident(s) that are supposed to have happened 30 years ago but DIDN'T happen so there are no witnesses. It would boil down to her word against his. Him confirming that he was 'there' could be enough to get a charge on the sheet... Him giving no details at all would mean her word against her word.

The OP needs advice and needs advice just now on what to do in the worst case scenario. A 'No Comment' interview seems to be the best advice so far. Of course the OP can take a duty solicitor or his own in to interview but decisions made on the spot are rarely the best ones. Just now is the ideal time for discussing about what his options are. A 'No Comment' interview puts the ball in the Police Officers court, it leaves them to do some work. If the OP goes in there and gives them information then they can ONLY use it against him, they aren't going to use it for his benefit.

An alleged crimes been committed Officer Plod. What are the options? Arrest and we'll jail the bugger...

I'm happy for you guys to rebut my recommendation and will happily accept that it may not be entirely correct depending on circumstances. I, personally, don't see allegation going anywhere but round in circles every time his accuser wants some attention or pity. If he does find himself dragged into the Police station he must surely, at the VERY LEAST, ensure that he has a solicitor present when interviewed. If he feels the need to take them up on their little 'chat' then 'No Comment'.

The very fact that the law is *******ised to such a degree that a 'No Comment' interview implies anything towards guilt sickens me. I helped a close friend defend himself lately and his 'No Comment' interview was made to 'sound' as if he was guilty as hell (written tone) when all he simply did was not answer any questions and also state that he was innocent.

One versus one I would go 'No Comment'.
If there are other parties involved or some form of evidence then by all means give your story out.

With the OP making it clear that it never happened and is simply a fabricated story then there will be no evidence, there will be no witnesses and there will be nothing to gain from speaking about anything to do with it to the Police. Make it clear it's a fabricated story, it never happened and then go 'no comment'. I would fail to understand why a solicitor would advise differently.

**Rights Fighter** · 29 August 2012, 09:57 AM

Originally posted by lawlessone2009 View Post

I helped a close friend defend himself lately and his 'No Comment' interview was made to 'sound' as if he was guilty as hell (written tone) when all he simply did was not answer any questions and also state that he was innocent.

One versus one I would go 'No Comment'.

I helped a close friend defend himself lately and his 'No Comment' interview was made to 'sound' as if he was guilty as hell

If your advice to your friend was to go 'no comment' and then "his 'No Comment' interview was made to 'sound' as if he was guilty as hel " then you should take some responsibility for that.

If a person is facing charges of something that allegedly happened 30 years ago he may well be able to provide alibi evidence or evidence that shows he did not live/visit that area at the times specified.

Yes that info can then be fed back to the liar and his or her evidence changed to suit - but at least he would avoid that 'adverse inference' direction from the judge and a feast from the prosecutor in closing speech - not to mention the def's x-examination.

**Faith** · 29 August 2012, 12:23 PM

The overall point Lawlessone is that you know next to nothing about this case,as do we all, so even if you were a qualified solicitor, you still wouldn't be placed to advise: you have absolutely nothing whatsoever to gain by saying anything other than NO COMMENT.

Have a solicitor present but go NO COMMENT.

What's the point if you're just going to disregard any legal advice as NO COMMENT is all you need to know