worried and need advice

[false123]

I was having a casual relationship with a girl from work from November. One night in January I had a night in the pub and text and called her to see if she wanted me to come round. She called me back and i went to her place. We kissed and some heavy petting took place. She then said she wasnt feeling well and she didnt want to carry on so I stopped immediately and then left to get my my last train home.

Next day her boss comes to me and says that the girl was very upset and didnt want to see me anymore. The boss said she had asked the girl if she wanted to make a formal complaint and the girl had said no. I told the boss that i didnt need this and assured her that i would not contact the girl again. I then went home and deleted her from facebook and put her out of my mind.

The following Monday at work 3 police turn up and arrest me for assault by peneration/ sexual assault. They took me to the police station and held me there for 7 hours and kept hold of my phone. They then released me on bail until the end of March.

The next day I turned up to work and was told that because the girl worked in the same place I would have to have my contract terminated (i work freelance) so I have lost my job.

Since then I havent heard anything, the duty solicitors have just said that they cant see it going anywhere and its a good thing that they set the bail for such a long time. I dont know why she has done this. I am obviously extremely worried and any advice anyone could give me would be greatly appreciated.

[Saffron]

Hello and welcome. I am sorry you had to find us.

Their os not a great deal any solicitor can do until/if you are charged. However there is quite a bit you can do in the meantime.

You mentioned that you had previously been in a casual relationship witb this girl. Please save any emails/texts/msn correspondence you may have had. Don't just save it to your hard drive, because the police may well seize your computer - get it all on memory stick, or take screen prints. Write down everything you can remember from the night in question, no matter how insignificant it may seem. If there is anyone who was around who can testify as to the events (ie@ her asking you to come round, etc) then ask them to make sworn statements, and give these to your sol, NOT the police. Plod have been known to "mislay" any evidence that may prove the accused's innocence.

Finally, get a really good solicitor lined up. Do this now, while you can still apply for a tranferral of Public Funding (the old Legal Aid) as if you wait too long a transfer may not be approved. Make sure you choose a sol who is experienced at SUCCESSFULLY defending FALSE allegations of sexual assault. This is very important.

Other than that, the only advice I can offer is to be prepared for the worst. That way, if anything else happens it will be a huge relief!

Well done for being here, I hope we can be of some help.

[false123]

Hi Saffron, thanks for the advice.

I dont have any emails/facebook conversations with this girl saved. However I have lots of text messages showing we were in a casual relationship and I told the police this who have kept my phone. Why would the police want to take my computer? If they wanted it wouldnt they have taken it by now?

No, no one I was out with that night was around when I ended up going to this girls house. She is saying that when I got to her house I pushed her on the bed and assaulted her which simply isnt true. As soon as she said she didnt want to carry on I stopped but she is saying she had to ask me 3 times before i stopped and that she was crying. Total lies, after i stopped we actually went out to her balcony and had a cigarette before i left! - no witnesses to this though.

The cctv in her residence will show me going in and then leaving about 20 mins later. Apart from that there are no other witnesses on either side. How can the police/CPS prosecute without there being any evidence? Its just my word against hers. Surely no jury can find you guilty beyond reasonable doubt under these circumstances so the CPS shouldnt prosecute?

Yes I think your advice of getting a good solicitor is very valid as i dont think the duty solicitors i am currently dealing with are very good. The duty solicitor present when i was interviewed gave me a business card with the wrong number on it, plus they sent me a letter which was meant to be for someone else, and then sent me a letter asking me to stay in touch with them but the letter had no contact details. I have emailed them twice and have yet to receive a reply.

Would you be able to recommend a solicitor experienced at defending false allegations of sexual assault. Would this solicitor be able to do anything to prevent me being charged in the first place or would they only kick into action if i was charged?

Thanks again for your help. I am glad I found this forum as it helps to hear about others who are in a similar situation.

[Rights Fighter]

Roughly, which area/county are you in? Don't put any address details here as it's an open forum.

[false123]

I am in the Central London area.

[Rights Fighter]

Tim Brown of Tuckers solicitors, Warren Street.

http://www.tuckerssolicitors.co.uk/who-we-are/people/tim-brown

[RFLH]

Thanks RF, it's good to know that you're about to give good legal advice.

[Rights Fighter]

I have to keep leaving the screen as my eyes get boggled. One of the perils of being a middle aged bat I think!

[RFLH]

I'll not argue!!!

[false123]

A week to go now before my bail date. Its been 10 long weeks of worrying and waiting. Spoke to the duty solicitor who was with me when i was questioned and he thinks the most likely outcome next week will be a rebail as he thinks the police wont have got round to dealing with my case!

How can they not have finished investigating in 10 weeks? They took my phone but they didnt take clothes or anything else.

[RFLH]

they'll be working on a number of cases at the same time, not just yours. The liklihood is that you may well be rebailed when you go again.

It's easier said than done, but try to keep positive.

[false123]

Phoned the police the other day to get an update (as my solicitor doesnt reply to emails unless i keep badgering and despite me asking him to didnt phone the police to find out what was going on) and they have re-bailed me until the end of May. I feel totally crushed as I was hoping this would be over after 10 weeks of misery. Now I am going to have to go through another 2 months of this.

The officer I spoke to looked at my file and said there was still quite a lot of work that needed to be done on my case like waiting for forensics. I dont get this as there were no witnesses and they only took my phone from me.

[Saffron]

Sorry to hear you have been rebailed again, but it is definitely not the worst-case scenario.

With regard to forensics - did you give a DNA sample when you were arrested? The girl will almost certainly have had a full examination, maybe that's what the officer was referring to. They may also have taken the bedclothes from her bed for analysis, or possibly be waiting for CCTV footage. Or he could simply have been winging it, especially if he was not familiar with your case. Have you had your phone back yet?

I know the waiting is tough, but until your next bail date there is not a lot you can do. Keep badgering your sol - most are terrible at returning calls or responding to emails - although there is not much he can do until/if you are charged.

As I said, I know the waiting is tough, but at least you have not yet been charged. Hang on to the positives.

[false123]

Called the OIC today to find out whats going on as my bail to return date is on Monday. They have now rebailed me again until the end of August!!! Another 3 months!

I am amazed that this is taking so long. When I asked why this had to drag on for another 3 months they said the file had only recently been sent to the CPS so they were waiting for a decision from them and that i should hear the outcome before August.

I still havent had my phone returned to me and am feeling like I dont have the strength to deal with 3 more months of worry

[Saffron]

As before, try to look at the positives. This is not a worst-case scenario - you could have been charged. The waiting is terrible, but really that is all you can do.

Did you contact Tuckers Solicitors? Another member is using them and says they are great.