False accusation ?

[clunky]

Hi. I had a 21 year old girl accuse me of rape that supposedly happened 10 years ago. She would have been 13 at the time and I was 20. Yes we knew each other, but spoke 2 or 3 times thats it.. A year before she met me I was told by her father she'd had a miss-carriage. 15 months after she knew me, she had her first baby, and by the time she was 16 she had her 2nd baby. As nothing happened, there is no evidence, but I'm worried that even a false complaint by her would still ruin my life. Can she still take me to court, despite her character etc?

[Rights Fighter]

Her "character" - are you talking about her having babies at a young age? No that will not go against her whatsoever.

And it is not she who will (or might) take it to court but the Crown. Have you been interviewed by the police yet?

[clunky]

Her "character" - are you talking about her having babies at a young age? No that will not go against her whatsoever.

And it is not she who will (or might) take it to court but the Crown. Have you been interviewed by the police yet?

So basically, a girl thats been sleeping around since the age of 12, can make an allegation of rape, despite no evidence! Sheesh, Im doomed just on hearsay. She doesn't like me now as havent spoken to her since I was 20, so every year she tells me she's going to take me to court and laughs. Seems men have NO rights with false allegations.

[Rights Fighter]

This would come under a section 41 application which is rarely allowed. Section 41 relates to previous sexual history and if that history has nothing to do with the case in hand then it is irrelevant.

Just because a girl has been promiscuous does not mean that she is incapable of being raped - is the way they look at it, and quite rightly so.

Also, if she has been promiscuous since age 12, then something very wrong has been going on in her family. Not necessarily sexual abuse but physical, mental and/or emotional abuse certainly. Happy children do not look for solace sexually at an early age unless they feel they are lacking in love in the family unit. She is more to be pitied.

Have you been interviewed by the police yet? Do you have a solicitor on board? Have you been charged? For anybody to advise you, you will need to explain how far the case has gone.

[RFLH]

Thanks for your swift replies RF.

[clunky]

This would come under a section 41 application which is rarely allowed. Section 41 relates to previous sexual history and if that history has nothing to do with the case in hand then it is irrelevant.

Just because a girl has been promiscuous does not mean that she is incapable of being raped - is the way they look at it, and quite rightly so.

Also, if she has been promiscuous since age 12, then something very wrong has been going on in her family. Not necessarily sexual abuse but physical, mental and/or emotional abuse certainly. Happy children do not look for solace sexually at an early age unless they feel they are lacking in love in the family unit. She is more to be pitied.

Have you been interviewed by the police yet? Do you have a solicitor on board? Have you been charged? For anybody to advise you, you will need to explain how far the case has gone.

To scared to goto Police, incase it pushes her to go make a false complaint.

I have spoke to a few Police "off the cards" and they said it would go against her, plus a Solicitor said she may have to name all Baby's fathers, including the one she had the miss-carriage with. As she was 12 at the time. And the Crown and Police may ask why shes singling me out of the other people. They said it could be just "Hate Crime"

[Rights Fighter]

Extract:
To scared to goto Police, incase it pushes her to go make a false complaint.

I have spoke to a few Police "off the cards" and they said it would go against her, plus a Solicitor said she may have to name all Baby's fathers, including the one she had the miss-carriage with. As she was 12 at the time. And the Crown and Police may ask why shes singling me out of the other people. They said it could be just "Hate Crime"

I didn't suggest that you go to the police - I would certainly advise against that. I was asking how far the matter had gone.

Having sex while she was young, with several partners would not go against her. I've sat through enough trials and read through enough trial paperwork for appeals against conviction to know that is utter tosh. Whoever told you that is wrong.

Having a miscarriage at the age of 12 does not mean that she's never been sexually abused - in fact the Crown would say at trial that this points to the fact that she has been abused as she was a vulnerable child at the time.

How on earth could this be construed as a "hate crime?" Why would she "hate" you enough to put you into prison?

She could well have been put up to it, or might have some other ulterior motive if the allegations are false. Young women (and young men) make false allegations of sexual abuse for a number of reasons - I've yet to come across a defence that it's a hate crime!

I can tell you for certain that IF the defence applied for her previous sexual history to be put to the jury, it is unlikely to be admitted into the evidence, especially having to name the fathers of her children - this will not come into it as it has absolutely nothing to do with the case.

Whoever is advising you is either winding you up or have no idea what they are talking about. No solicitor experienced in defending false allegations of sexual abuse would advise in that manner.

[clunky]

I didn't suggest that you go to the police - I would certainly advise against that. I was asking how far the matter had gone.

Having sex while she was young, with several partners would not go against her. I've sat through enough trials and read through enough trial paperwork for appeals against conviction to know that is utter tosh. Whoever told you that is wrong.

Having a miscarriage at the age of 12 does not mean that she's never been sexually abused - in fact the Crown would say at trial that this points to the fact that she has been abused as she was a vulnerable child at the time.

How on earth could this be construed as a "hate crime?" Why would she "hate" you enough to put you into prison?

She could well have been put up to it, or might have some other ulterior motive if the allegations are false. Young women (and young men) make false allegations of sexual abuse for a number of reasons - I've yet to come across a defence that it's a hate crime!

I can tell you for certain that IF the defence applied for her previous sexual history to be put to the jury, it is unlikely to be admitted into the evidence, especially having to name the fathers of her children - this will not come into it as it has absolutely nothing to do with the case.

Whoever is advising you is either winding you up or have no idea what they are talking about. No solicitor experienced in defending false allegations of sexual abuse would advise in that manner.

They see it as Hate crime because shes singled me out, and because I never wanted to have anything to do with her anymore. I've had her friends shout pervert from across the road, as she spread the same accusation all round her school. Ive had enough. Mud sticks, even false.

I lost my Mother and Father shortly before I knew this girl, and was suicidal, and suffering from depression and at my lowest point. Me and my Wife lost a baby to, and I was very much vulnerable my self. Still Im just a man, wont effect me right? Or so the opinion goes.

Im getting my info from people that have also been on similar cases, so they do know. Though it's all "off the cards" as I say.

[Rights Fighter]

As you are clearly listening and taking on board "advice" from others then there is no point in me advising you further as what I have to say clashes with what you have been told.

However I wish you the best of luck.

[friday]

if you want more info about legislation you can search www.opsi.gov.uk
so if you want any clarification its in black and white

[VeryWorried]

Hi Clunky,

I feel I must echo the sentiments expressed by RF.

For a child to be sexually active at age 12, there is something clearly wrong. The Crown (if it gets that far) will use that in support of her claims.

Previous sexual history is something that can only be used if directly related to the case.

To word the "hate crime" aspect differently, you will need to be able to prove (beyond reasonable doubt) any reason she may possibly have for disliking you. Any reason she may have for falsely accusing you.

I would also advise you do not approach the police. Think about it, the police only exist to gather evidence/statements of crimes in order to effect punishment. To put that into perspective, I recently went to a police station and spoke to an officer. I also called the non-emergency number 3 times. I was wanting to arrange police presence to prevent a possible breach of the peace. They weren't interested in the slightest, and actually refused to attend. Yet when a false allegation is made against me, I've been arrested (including fingerprinting/DNA/photo and time in a cell) and interviewed under caution.

I would strongly advise that from here on in, you don't change your behaviour towards her, but you write EVERYTHING down. Not only everything that you know of her doing (if it involves you), but also everything you remember from the history of you two. Any time from now that she contacts you or vice versa, write it down. Hopefully for the majority of these you'll have proof (phone records, other people present, CCTV, anything).

If she then threatens you with court multiple times before going to the police, you stand in a better position - but only really if your writings have proof to go with them.

Due to the nature of the crime, it is much more a matter of proving your innocence, than the accuser proving you're guilty. For geniune cases of rape, I feel that's the better way to approach it as it saves the victim yet more suffering.

Until the time comes where you're arrested/interviewed, there is little you or anyone else can do. That statement will undoubtedly cause some stress, and I apologise for it, but it is one of lifes unfallable truths.

[Rights Fighter]

Well said "very worried".

Unfortunately some people who have been falsely accused refuse to accept advice (from somebody who has had years of experience of helping to defend and/or appeal false allegations of sexual abuse) preferring to go their own way. After conviction they then blame the defence team.

I do hope "clunky" takes what you have said on board.

[clunky]

Hi Clunky,

I feel I must echo the sentiments expressed by RF.

For a child to be sexually active at age 12, there is something clearly wrong. The Crown (if it gets that far) will use that in support of her claims.

Previous sexual history is something that can only be used if directly related to the case.

To word the "hate crime" aspect differently, you will need to be able to prove (beyond reasonable doubt) any reason she may possibly have for disliking you. Any reason she may have for falsely accusing you.

I would also advise you do not approach the police. Think about it, the police only exist to gather evidence/statements of crimes in order to effect punishment. To put that into perspective, I recently went to a police station and spoke to an officer. I also called the non-emergency number 3 times. I was wanting to arrange police presence to prevent a possible breach of the peace. They weren't interested in the slightest, and actually refused to attend. Yet when a false allegation is made against me, I've been arrested (including fingerprinting/DNA/photo and time in a cell) and interviewed under caution.

I would strongly advise that from here on in, you don't change your behaviour towards her, but you write EVERYTHING down. Not only everything that you know of her doing (if it involves you), but also everything you remember from the history of you two. Any time from now that she contacts you or vice versa, write it down. Hopefully for the majority of these you'll have proof (phone records, other people present, CCTV, anything).

If she then threatens you with court multiple times before going to the police, you stand in a better position - but only really if your writings have proof to go with them.

Due to the nature of the crime, it is much more a matter of proving your innocence, than the accuser proving you're guilty. For geniune cases of rape, I feel that's the better way to approach it as it saves the victim yet more suffering.

Until the time comes where you're arrested/interviewed, there is little you or anyone else can do. That statement will undoubtedly cause some stress, and I apologise for it, but it is one of lifes unfallable truths.

Thanks "Very Worried"

At the time she when she started coming onto me, she also came onto several of my friends too, who basically just told her to go away. It seems that what she "thinks" happened at the time, had such an impact on her life, she quite happily went on to have 2 kids before leaving school. She's basically singling me out, because I must have let her down at the time I suppose.

I cant really remember too much at that time, due to being Depressed and suicidal after loosing my Father several months before all this. Though my Wife wrote everything down, as we where getting taunts from her 2 years after all this, then it went quiet. When we moved 2 years ago, we decided to have a fresh start, so we threw everything away. Im still suicidal now, having a hard job just getting the popper help, I should have had before this whole thing ever started. All my Doctor says is " well just snap out of it "

If only it was that easy. I think ending it will be my only solution, at least then she accuse someone else too. (as she has)

Cheers all.

[clunky]

Just to add: It's not so much Rape she's claiming, but more "Too much Friendliness" going on as she told my wife back then. ie wandering hands etc. Sorry if I've miss-lead anyone, but my writing/english isn't too good due to meds. It's absolutely shot my memory.

[VeryWorried]

At the time she when she started coming onto me, she also came onto several of my friends too, who basically just told her to go away.

Are you still in touch with any of these friends? Can they corroborate (spelling?) your version of events? Would they be willing to testify as to your character at the time the alleged offence happened?

It seems that what she "thinks" happened at the time, had such an impact on her life, she quite happily went on to have 2 kids before leaving school.

I know a mother of a 1 year old child, where the mother is now 15 years old. She was 13 when pregnant - and whilst she regrets getting pregnant so young, she'd never wind the clock back & change things as she wouldn't have the child (or friends) she now does. She didn't "happily" get pregnant. It was a very stressful time for all involved.

Please don't think that the above will be of any use to you as part of a defence. It wont, and if you think it will you will be in for a sharp surprise.

She's basically singling me out, because I must have let her down at the time I suppose.

I'm sorry, but unless you can prove that beyond reasonable doubt, it's heresay.

All my Doctor says is " well just snap out of it "

If only it was that easy. I think ending it will be my only solution, at least then she accuse someone else too. (as she has)

Get another doctor. Explain everything that's happening properly to them. They're bound by an oath not to reveal anything you say. Your doctor is not helping your mental state.

Following advice of this very forum, I recently went to the doctor for similar reasons to you. I sat there & very briefly touched on the subjects that are causing stress etc. I quickly found that I was crying my heart out - and I hate crying in front of anyone (call it male pride). I hated every second of being in the GP's office asking for help - but it needed doing.

I have twice come very close to suicide myself, and recently had the thoughts return. For me, the reason I haven't gone through with it is seeing the light at the end of the tunnel, and realising what effect it would have on those that do care about me.

If you were to carry out that thought, the presumption by everyone would be that you were guilty & couldn't cope with the guilt. How would your wife handle that aspect? Proving innocence in matters like this is difficult. Proving innocence when you're no longer with us is impossible.

Just to add: It's not so much Rape she's claiming, but more "Too much Friendliness" going on as she told my wife back then. ie wandering hands etc.

Wandering hands etc amounts to sexual abuse. I'm not sure of the penalty for those guilty of that kind of offence, but rest assured, it's less than I'm looking at.

You will surprise not only yourself, but everyone around you with how strong you can be, and how much you can fight this allegation against you. You simply need to find the motivation to turn those self harming thoughts into fighting actions.