Help/Worried

[sharp00782]

Hi Everyone,

I am new to all this so please bear with me. I am scared to death of what is happening to me. To begin, let me say I am a proffessional guy who has never been in trouble before. I have two children from my ex-marriage and built everything up from scratch.

My lifestyle isnt the best health wise, I enjoy going out a lot, drinking, socialising and all that stuff. I was out with a work colleague on Thursday just gone and we met some people we didnt know in a club. All was great and all got along well, the girl (who was with her gay friend (male)) was all over me, which was great (at the time).

My mate had to go so I invited the girl and her friend back to mine, which they accepted for a few beers. Me and the girl were getting very close again and kissing in the front room, then we went up to my room, her friend was still here on the phone to his ex boyfriend.

In a nutshell we got into bed and we had sex. Her friend interrupted us twice and then went back downstairs. I fell asleep at this point and then I woke up to Police Officers in my bedroom at 5:30AM!!

I was taken to the police station and interviewed by 2 CID Detectives. The allegation was of rape!!!!

I had one interview and the officers went to do there thing. They spoke to my mate I was out with and they told him the same as me, that we were kissing and she was all over me.

They spoke to her mate who was in the house when this "incident" took place. He stated the same as me that she was all over me, and also that he did interrupt us twice. He said that "if there was any moment I thought she was in trouble I would have got her out of there".

What are my chances seriously? I didn't do this and am so worried. The Police bailed me for 5 weeks then have to go back to station.

There is no evidence as it didnt happen. Everyone, including her friends have backed my side up and also there is CCTV footage of us in the club and in Tesco after getting beer and she is perfectly happy??

Help please!

[Saffron]

Hi Sharp and welcome, if that's the right word!

Fist of all, try not to panic - easy to say, but you are not alone. Waiting to answer bail is horrible, but there are a few things you can do that are proactive.

First of all make sure you get a solicitor who specialises in defending False Allegations of sexual assault. A standard criminal sol will not be good enough. To be honest there is not a lot a solicitor can do until (if) you are charged, but you need to get one on board as soon as possible. If you wait too long (and are on Public Funding) you will not be able to change sols further down the line.

Write down as much detail as possible about that night. You already have two helpful witness statements from your friend and her friend, so that is good. Why did her friend interrupt you twice? The prosecution (if it gets that far) could argue that he was concerned for her safety.

I wouldn't depend too much on the CCTV footage. It was all recorded before the "attack". She could easily argue that you "turned nasty" once in the privacy of your bedroom. This is why her friend's interruptions are pivotal to you. The issue is not whether sex took place, but whether you sought and gained consent. Have you given intimate samples?

As far as your chances go...difficult to answer. The legal process seems to be a lottery.

Others will be along shortly with further advice. In the meantime, welcome to the world of false allegations.

[LS]

Hi Sharp, welcome to the site. Saffron's right in what she's said. Until the cps show their hand it's a waiting game. At first read it looks hopeful of a No Further Action to me, but I don't want to give false hopes. Ditto it's good that you have a number of witnesses showing she was all over you, but as Saffron's also pointed out, this doesn't/can't show consent but it's circumstantial evidence in your favour.
Be patient.
LS

[sharp00782]

Thank you for your advice, appreciated!

Just to answer a couple of your points Saffron regarding the interruptions. He interrupted us as he was bored downstairs alone, he has also stated that is why in his statement to the police. They are the only reasons he came in.

Also, he also said that "if he thought she was in distress, he would have got her out of there"

That said, he cant (seems a decent guy to me) argue that he was worried for her safety as he told the police he wasnt.

Also, the police never took any swabs from me or did any kind of exam?

[Casehardened]

Also, the police never took any swabs from me or did any kind of exam?

I guess from your original post that you will have admitted to the DC's that you had sex with the girl; in this case there will no need for forensic evidence to prove you did, so it will be just an issue of consent, the old word against word senario

I expect you must have had DNA samples taken, however this is now standard procedure after arrest.

Don't get too hung up about the arrest & interview; as I've posted elsewhere, once a female contacts the police with this magic four-letter word they are obliged (by their own guidelines) to arrest and interview the accused, no matter what their opinion is regarding the quality of the accusation or the accuser