Falsely accused

[LS]

Yes, I do. I'm going to do a sticky in the next day or two about it, just to let people know what to expect.

[Rights Fighter]

LS email awaits

[friday]

so sorry to hear about the charges. i can't even begin to imagine what you must be feeling. i know that you need to prepare for the worst but you also need to hope for the best. dwelling on the what-ifs (prison life) is going to bring you down. obviously listen to LS, he knows his stuff (sadly ) but also keep the fighting spirit going. the fight is not over so don't give in yet. just look at the number of members on here who have not gone to prison for a crime they did not commit. stay as positive as you can, i know that is not going to be easy.

[Rights Fighter]

Loving the avatar friday!!!

[udontneedtoknow]

Life after jail

Ive read the sticky and thats pretty much what I expected,
Will I get gym time and a chance to do courses? A good friend of mine is a screw he reckons I'll be in with the general population.
What prospects will I have out of prison jobwise, travelling abroad etc?????

[LS]

If you are convicted of rape, ie a sexual offence, you will most likely go to a Vulnerable Person Unit within a local prison. If it is too small to have a VPU then you may find yourself in the Segregation block. These are the punishment areas for those in prison who break the prison rules. The downside to the Seg Units is that it is usually more or less constantly time locked in your cell.

Within a month or two you can expect to be transferred to either a more central prison with a VPU or to a prison which is an entire VPU. If it is the latter, then you would be on general population, as the general population would be in the same boat.
Gym availability depends on each prison, but be aware it's usually over-subscribed if there is a gym.

[udontneedtoknow]

serious note

can people please use this thread to give me advice instead of saying how cool peoples bloody avatars are im not particularly interested thanks.

[RFLH]

Have you been told about taking a nasty bag with you when you go to trial? Should the worst happen.

Also, have you thought about tidying up your affairs in every day life. I don't know what your situation is, but there may be people you ought to notify - landlord/mortgage, insurance etc

[0990]

Im really sorry to read you have been charged , wish there was some thing I could say to help

[mouse]

Falsley Accused....

To put a long story short me and a friend have been arrested for rape and are currently on police bail having not been charged.

So far the police have no evidence, forensically and physically as no sex took place just mutual masturbation and consensual oral sex.

The police failed to confiscate the underwear and clothes I was wearing on the night of the alleged offence. They also failed to collect DNA, fingernail swabs etc, only a body map was taken. Which had nothing on it.

The police are saying the girl had been date raped and cant remember a thing. The police have CCTV footage of her leading me up the stairs and moving out of the way for other occupants of the building who happened to be walking past. It also shows her quite capabably walking out of the flat.

My friend had a friend staying over whos statement pretty much marries up with mine.

I know through a bit of investigative work myself that the preliminary forensic report is in and that it all seems circumstantial. Also I believe that the case isn't a priority.

I am assuming that if anything was found during the examination of the accuser, I would of been charged by now?

I am still going out of my mind knowing all these positives.

Any help or advice that you can give me would be very much appreciated.

Know what you are going through and there is not a darn thing you can do about it. A young friend of mine was accused and he was kept in limbo by the police for over a year and they can do this, its another tool they have that they can abuse without adequate controls. they can just keep re bailing you indefinitely. Sorry no easy answer except after a long period you can approach the CPS and ask them to charge you or drop case, if they refuse you then have the option of taking them to JR.........but so remote not worth considering except in extreme case.

[Rights Fighter]

Know what you are going through and there is not a darn thing you can do about it. A young friend of mine was accused and he was kept in limbo by the police for over a year and they can do this, its another tool they have that they can abuse without adequate controls. they can just keep re bailing you indefinitely. Sorry no easy answer except after a long period you can approach the CPS and ask them to charge you or drop case, if they refuse you then have the option of taking them to JR.........but so remote not worth considering except in extreme case.

You need to explain to the OP what JR (Judicial Review) is and how they would go about doing this otherwise the advice doesn't really help them.

I have to say I have never heard of a judicial review occurring because the Crown cannot decide whether to charge or not. Do you have a any citations or stated case judgements I could look at please? If this is correct then it might help some of our guys on PAFAA. www.pafaa.org.uk

Thanks

[mouse]

Falsley Accused

I did say it was not considered to be an option unless the police bailing become so perverse that action had to be taken. In that case a request to the CPS for a decision is reasonable and if they refuse then Judicial Review is an option.
I don't have case law but I'm sure PAFFA are well aware of the rules on JR and that anyone can challenge a decision made by an authority or state department by means of JR. If I had considered this to be important then I would have explained further, but in this instance it wasn't and I left it open for that reason.

[Rights Fighter]

I'm not au fait with rule on JR in this instance unfortunately otherwise I wouldn't have asked you. As you mentioned it I had hoped you would enlighten me as I like to learn new angles!

I've known people to be rebailed for over two years which is tantamount to mental torture - hence the request for more info in case this happens again to one of my members. If you can find out anything more about this Tony I would really be very grateful.