Help Needed!!! - Falsley Accused of Rape....

[Deepheat206]

Without going into much detail I need an advice with relation to false accusation of a rape. The incident happened in July this year. Me and my colleague had sex with a girl who we meet the same evening at a pub.
2 days later there was an article in local news paper that the woman was seriously sexually assaulted (with a picture of one of us) for anyone to contact the Police if saw anything suspicious that night. 3 days after we went to the Police Station to make a statement.
At the moment we are bailed from entering town centre and report twice a week to the Police Station. Since this happened I have always reported to the Police Station as I was requested and never failed.
With regards to this evidence I would like to know whether we can use this as a proof that the girl was not raped. My colleague doesn’t want to release this evidence as he is afraid that this will be used against us.
For the next 3 weeks we must report to the Police station until I believe police is gathering evidence. Then I hope will not be pursuing with any charges.
Would you recommend me to do anything in meantime? Should I be looking for a solicitor yet because I have not got one. I have got in touch with one but I’m still unsure what to do.
Will I need someone to join me on my next visit to the Police station - the one when we will hopefully have charges dropped?
Would you also know if in meantime there is any chance for anyone to find out anything-progress of gathering evidence(if there will be any)?

I want to feel optimistic that no charges have been brought and it’s been a while but I just can't. I don't know anything about what this girl said except that it was force, which it clearly wasn't.

[RFLH]

Don't tell the police about the evidence you have - it will be used against you. Make sure that you write down everything that happened that night, but do it independantly of the other chap otherwise it may be alleged that you have colluded.

I would have legal representation with you, if they decided to charge you they may well want to interview you straight away. You need a legal rep that specialises in these cases.

You can't actually do more than write everything down at this stage. If you know of others that saw you with her that night who would be prepared to write statements and act as witnesses for you, should the need arise, so much the better.

Try not to worry too much, which is easier said than done I know. But if the worst happens then keep posting as we can offer you all the support we can along with advice.

I will edit your post re your evidence, as this is an open forum and you don't know who may be reading it.

[Saffron]

Hi Deepheat and welcome.
I don't have time to respond in detail at the moment, but I wanted to quickly welcome you, tell you to try not to panic, and to say that I will reply in more detail later today.
RFLH has given extremely good advice - make sure you take it!
More later. Try to relax. You have come to the right place.
Saffron

[frankgallagherwasere]

Hi there Deephead and welcome. what can one say except fingers crossed and hope for the best. Unfotunately I have met too many with a similar story or had a one night fling to find it back fired in the most dramatic manner.

Was she single married or had a partner, why does she have to try and find an excuse to cover her little bit of fun up? I would suggest you always keep info generic on all forums and finding a so called specialist is easier said than done I can tell you as so will many others !!

If the Police persue and you know your evidence to be sound I would suggest you start to get heavy with them and tell em to investigate it properly or you will be pressing charges AGAINST THEM !! they wont of course but then we all know that - let them dig a big hole for themselves and be prepared to fight them back when your ready.

we had plenty of evidence and didnt give it to the Police, but when we gave it to our defence they ignored it - so you have to make sure you use it wisely or it will probably disappear into oblivion and get lost in some waste basket.

You need to let the Police know there is more to the story and see if they follow the lead - can they get this evidence without you giving it too them and then see if the CPS pick up on it? Can you make it clear without handing it over so its on tape and there for everyone to question?

Looking ahead it might prove the CPS didnt do their job and the Police ignored it therefore both failured to follow procedure a BIG plus on your defence side.

[Saffron]

HI Deepheat

Sorry it's taken me a while to get back on here.

With regard to your situation, both RFLH and FG are correct - do not under any circumstances hand it to the police. When you next answer bail, take a solicitor with you, and give it to them, but make sure you keep a copy. Make sure that your sol is experienced in *successfully* defending allegations of sex crimes - a standard criminal sol will not do. At this stage you are able to change sols, but as the case progesses this becomes more and more difficult, particularly if you are on public funding (or Legal Aid as some know it).

from your initial post it appears that you have been interviewed by the police, which means you will have been arrested. Did you have a solicitor present? Were you offered one? And how did they get a picture of one of you to be printed in the local press?

Without wishing to sound too gloomy, please don't assume that because no charges have yet been brought, none will be. Sometimes it can take months, (even years!) for an accusation and arrest to lead to a charge.

As RFLH said, make sure that you write down everything you can remember about the night in question. Even the tiniest detail can help.

Make sure you make copies of the evidence you have, and make sure you keep them in a safe place.

Let us know how you get on!

[worrieddad]

Hi Deepheat,

Sorry to hear about your situation, firstly dont take this battle on by yourself, get a solictor now! dont wait, it will be the best thing you will do.

They will guide you the whole way, they will present any evidence that needs presenting, they will also be able to question and get answers from the police, frankly if you try they will treat you like ****e.

I have just been through similar situation with my son and thanks to the solitor brought what could have been a long drawn out accusation to a speedy conclusion.

Keep strong, keep calm, and think clearly, do not let emotion overtake.

All the best

Worrieddad

[frankgallagherwasere]

Yes worrieddad you right, but one has to have the confidence in your defence and that they are working in your interest not that of the judicial. A lot is said on the forums about getting a good Solicitor who is experienced in these types of crimes - I assure you this is easier said than done as its not something very many of them advertise as Im sure people have found out. Nor is by going to a large reputable firm any better - I know, thats what I did and still got a bent Solicitor.

I think a lot depends on where ithe evidence is conclusive or inconclusive as it can easily and simply be ignored - many of us would argue its not always in ones interest to hand over but leave atleast until statements from the acccusers are released so as you can prove their wrong and one can accuse the Police and CPS of failing in their duty to investigate properly - its a bit of a mind game but evidence can be critical if used properly.

[Saffron]

Worrieddad, it sounds as though your situation has been resolved. PLease could you update your thread and let us know what happened? It would be great to have some good news......

[frankgallagherwasere]

Worrieddad please could you also compliment your defence and be so good as to provide their details so others can consider them for themselves? The biggest problem many of us face is trying to decide and find a good defence Regards Frank.