Falsely accused of rape in Scotland

[lostafraidandinneedofhelp]

Hello. I am a foreigner and spent 6 months in the UK for a exchange program of my university. One day I went to a pub and met a girl who invited me back to her place, where we had sex. Everything looked normal, she was participative and enthusiastic about the whole thing and in the next morning I gave her my number and left. 3 days later she texted me accusing me of assaulting her. 3 months later I was arrested and take into an interview with the police. The detective was super nice, told me I would be released right after the interview and at all time made it look like the case would not go to court. Everytime he mentioned the development of the case he said "IF this goes to court". At the time I was super ashamed of the accusation and didn't accepted a solicitor because I didn't wanted anybody to know about the situation, what know seems like a horrible mistake.

They took my phone for inspection, but only that and never released me on bail, just a normal release. I told them when I was going back home and they didn't seemed to care, even though my homecountry is famous for not extradicting their citizens. The interview happened almost 6 months ago and I haven't heard anything about it.

The problem is that I am terrified and cannot sleep proprely ever since. Is there anything I have to do? The fact that they released me and took 3 months to interview me points that the case won't go foward? Should I email the detective about the case? Although I think that I will not be arrested, since I never assaulted the girl and never intended to make her feel bad in anyway, I am really afraid of having to go to court.

Even if there is nothing I can do now, i appreciate you reading this post. I haven't told anyone about what happened and I am feeling horrible inside. Being able to share this experience with people in similar situations is really comforting.

[Casehardened]

Hello and welcome to this forum (though sorry that you needed to find us!)

This forum doesn't see much traffic these days, you are the first new member for a while, but hopefully you may get some further replies in a day or so.

You may already be aware that Scottish law and procedures are different to the rest of the UK and in fact there is a thread in the Useful Information section on Scottish Law but unfortunately this hasn't been updated in a while so haven't linked to it.

I am assuming that you told the detective that consensual intercourse had taken place and I understand your reasoning for not accepting a solicitor as I did the same, however if you are 'invited' to a second interview you should definitely seek legal advice (the police will be fair but are not your friends, their job is to try to establish guilt while the lawyer will guard your interests)

Sorry I can't offer any further advice, but wanted to mention that most of the cases on the forum where consent has been withdrawn the next day by the complainant (for all sorts of reasons: shame; regret; boyfriend found out) didn't make it to court.

[lostafraidandinneedofhelp]

Hello, and thank you for the answer. I am glad to see this forum still have people, I was feeling super alone regarding this whole situation!

I don't know how I would be invited for a new interview, since I don't live in the UK anymore. Also, the police never bothered to ask me for my address in my homecountry. This is why I am having second thoughts about contacting them. I just want this whole process to be over.

[Batmother]

Hello Lostandinneed as Casehardened has said, sorry that you have found yourself in need of this forum, but welcome.
My humble opinion would be ‘let sleeping dogs lie’ ie not email or contact the Police. As Casehardened has mentioned they are NOT your friend. Much like a with a Vampire, do not ‘welcome’ them into your life, nothing good will come of it. Absolutely take up the offer of a solicitor/lawyer if this ever arises again, you need some one in your corner over something as hellish as this for sure and that meeting is free of charge too. Only time will help the horrible feelings you have which is understandable, but hopefully over time those feelings will get less frequent and the intensity will abate also. Please always get in touch here when you need to vent or run a thought by any of us if it helps you feel not so alone.

I know I was at breaking point and felt so alone trying to help my Husband after he was falsely accused. The kind replies/advice I got on here stopped me from having a complete meltdown over it. It was a strange comfort to know this site existed but bloody tragic that it is needed at all. From what you have said I would say it seems ‘dead in the water’ and fingers crossed it stays that way. All the best.

[Peter1975]

Hi Lostafraid,

Sorry that you find yourself in this situation but you are far from alone. There is a list of busier forums in our useful information section.

I'm inclined to agree with Batmother and suggest you leave it alone but obviously this depends on whether you ever intend to return to the UK.

I would imagine that because the Scottish police know who you are and the university you attend they would be able to make contact with you if they so wished.

You could perhaps seek some advice from a local lawyer.

These kinds of cases don't often proceed to a charge and I have some sort of dim recollection that Scottish police sometimes don't bother to tell the accused so I'll hope that's the case here. Keep cool.

[lostafraidandinneedofhelp]

Thank you very much for all that have answered. i am very glad to see that I am not alone in this situation and every message means a lot to me.

I would like to return to the UK as a tourist, but if this situation ends up not having a clear definition, I am ok with not returning.

I will follow the advice of not contacting the police, and if they try to contact me again I will make sure to seek legal advice from a local or scottish solicitor.

My exchange program is already completed and I have no more conatct with the university. Furthermore, the police only checekd my national ID, never my passport or any other sort of documents. At the moment, I am inclined to just live my life the best way possible, even with this load to carry.

Again, thank you all for helping me. I tried contact in several forums before and never once I have recieved a message back. You all have helped me a lot regarding my mental health.

I will make sure to keep everyone updated about the case and will post here if any other fears or uncertainties emerge from my side.

One last question: Have anyone ever heard of a suspect being arrested for a interview 3 months after the accusation, even if the police knew the person's address? I am still hopefull that this points that my case won't proceed to court, but I am not sure about it.

[Peter1975]

One last question: Have anyone ever heard of a suspect being arrested for a interview 3 months after the accusation, even if the police knew the person's address? I am still hopefull that this points that my case won't proceed to court, but I am not sure about it.

This does seem a bit unusual but I suppose it depends on when she made a report to the police. I wouldn't read too much in to it.

[lostafraidandinneedofhelp]

Hey guys. Today marks 5 months since my interview and 8 months since I was falsely accused (I know this because the DC shared with me the date of the report by the FA, for some reason). I am sorry if I am posting too frequently here, I never shared what happened with anyone and sometimes its overwelming for me to hold it all alone.

The police informed me it would take 3 months to analsye my phone, but its already been 5 months. I can't stop thinking that the worst will happen and I will be charged. If this happens, would they inform me? If not, is it possible that an international warrant for my arrest would be made?

I am trying to hold on as best as I can and only talk about this situation here in this forum. Is it normal for this kind of stuff to take this long?

Anyway, just wanted to thank everybody again. Having a place to share my thoughts really helps with the anxiety. Since it took 3 months for my first arrest, I'm just not able to let my guard down and relax, I don't wanna be caught by suprise and having this thoughts constantly is exhausting.

Lastly, does anyone knows how corroboration works? I informed the police that my relationship with the FA was conscensual. Is this enough for corroboration alongside her report? I know that I shared exactly everything that happened that night in complete truth, and if I was not charged at my arrest I imagine the police needs more evidence to do so (what is almost impossible since there is no more evidence to be found).

[Casehardened]

The police informed me it would take 3 months to analsye my phone, but its already been 5 months. I can't stop thinking that the worst will happen and I will be charged. If this happens, would they inform me? If not, is it possible that an international warrant for my arrest would be made?

In England and Wales if you are charged the next step would be for you to appear in the magistrates court to enter a plea (but not sure if this is the same in Scotland for Sheriff's courts or JP courts?) Obviously if you aren't aware of the charge you won't be aware that you need to be present in the court and the case will be adjourned. I believe the next step is for the magistrates to issue an order to require you to attend by means of an arrest warrant but if the police don't know where you are I can't see how this would procced? (though if they have your passport details these might be circulated to border control)

Lastly, does anyone knows how corroboration works?

I recollect corroboration being in the news recently regarding changing the requirements for it. If this hasn't happened yet this suggests that the thread in the Useful Information section in the forum on Scottish Law may still be of some relevance so have linked to it:

Scottish Law - The People's Concerns: Support & Discussion Forums

[lostafraidandinneedofhelp]

Thank you for the answer Casehardened! It is very hard to find information regarding the Scottish process of this kind of allegations. I asked about corroboration because, on my understanding, it is necessary to charge someone and I was not charged on my first interview. Since there is nothing else for the police to find, it eases my mind to think that there was no evidence for corroboration