Falsely accused

[udontneedtoknow]

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.

[Casehardened]

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.

Presumably you had a DNA sample taken as part of the arrest procedure.

If you admitted to the foreplay during your interview there would no need to examine your clothes or look for your DNA on her this as this merely proves her presence in your(?) flat, and obviously this is not in dispute.

No doubt she was forensically examined for evidence of your bodily fluids in her vagina, and this result will be significant. How soon afterwards did she report it and when were you arrested?

On the face of it this sounds like a word against word scenario, and as you surmised, is likely to drag on for a while.

Try to remain positive and write down anything that you think might be useful: did you know the girl prior to that night; any texts or phone calls exchanged; anyone see you together prior to going back to the flat; anything to show that you had some sort of relationship with her.
,

[udontneedtoknow]

re

No DNA swabs were taken, ie fingernail swabs, etc.
However DNA is already on the system from a previous arrest.
Items of clothing that I wasn't even wearing that evening were taken, the underwear and jeans were not either that I was wearing the night of the alleged incident.

I was arrested 48 hours after the alleged incident took place.

[Casehardened]

Items of clothing that I wasn't even wearing that evening were taken, the underwear and jeans were not either that I was wearing the night of the alleged incident.

Hopefully the CCTV images will be clear enough to show that the clothing you wore on the night is not what they have taken for examination. Even though I doubt that forensics on the clothing will be of any real significance in this instance, the fact that they have screwed up will give you ammunition to try to get the case dropped.

As your arrest was within 48 hrs of the alleged incident the girl's medical exam would have taken place inside this window so there would still have been traces of your bodily fluids if it had actually happened.

[udontneedtoknow]

re

Thanks for the replies so far.

Would I be right in assuming that during the accusers examination blood is taken? If so how long does it take for the results? Also if the police had any evidence would I have been charged now?

The stress of this is unbeleivable!!!!

[Casehardened]

Hi,

I don't know what procedures are followed in the medical exam apart from the internal examination (for signs of force such as bruising & tears) & the swabs for DNA & fluids.

However the police should charge as soon as they have sufficient evidence for the CPS to prosecute the case, so not being charged already is a positive.

Presumably you were bailed for 'further enquiries' which is policespeak for trying to round up enough evidence to prove the rape, and from what you said, there won't be any.

Most on here will understand the stress you are experiencing, but if you read other threads in this section you will appeciate that this might drag on for some considerable time, so try to focus on the positives and gather facts together that support your story.

It would probably be useful for you to talk to a solicitor for reassurance, did you have one at your interview? Unfortunately legal aid only kicks in for the interview and if you are charged, but to be able to discuss it might be helpful for you.

[udontneedtoknow]

re

The police seem adamant that some form of date rape drug was used as the accuser claims to have been totally passed out for the hour or so she was in the flat.
There is cctv showing her entering the flat and perfectly capable of walking up around 14 short flights of stairs leading me up by the hand, and after the alleged incident took place quite capable of walking out again.

I had a duty solicitor who I have been in touch with on a regular basis and seems quietly confident that I wont get charged.

My whole life just seems to have been tipped upside down.

[Casehardened]

The police seem adamant that some form of date rape drug was used as the accuser claims to have been totally passed out for the hour or so she was in the flat.

Yes I now see the significance of whether a blood test was carried out. What I would say is that if a test was not carried out you could hardly then be accused of administering the drug (but OTOH, to play devil's advocate, the police may have a blood sample which is presently undergoing analysis) Unfortunately they are not obliged to make any disclosure about their evidence unless you are charged but they might drop a hint or two to your solicitor.

It's the uncertainty thats the worry for you but I'm afraid that, whatever happens, your life will never be the same again.

[udontneedtoknow]

re

From what I have found out for myself is that the preliminary forensic report is in.
Also the accusers examination includes a blood test I presume and the results of this must be in pretty sharpish I should imagine, to counter any possibility of STI/STD's.????

[friday]

i don't know for certain but i would expect (purely going on my experience of blood test, only one hiv and hep c were related to rape) that the speed on blood tests would depend where/if they had to send them to a lab not at the place they were taken. a blood test looking for drugs in the blood will need to be sent to a lab whereas a blood test for hiv can be done in minutes (yes, there is now a test that gives results in minutes). i would expect any blood tests for hiv/hepatitis will be given to the person who may have been infected asap whereas toxicology blood test results may take longer as no action needs to be taken (such as early treatment for hep c).

again, not saying this is the norm but i had my hiv and hep c test done at a gum clinic which was not connected to the police but the police could get results from the clinic.

[Saffron]

As far as I know date rape drugs are notoriously difficult to find traces of, as the body processes them very quickly. A urine test done within 12 hours can detect them, but it's unusual for a test to be done so quickly after an alleged rape. This is normally because the victim isn't able to get to a police station so quickly after the drugs were administered.

[friday]

i know nothing about it and it may be a rediculous idea but could a hair test be used? i know that it can tell what drugs were used and when but not sure how accurate it would be and of course if the accuser has taken drugs which are regarded as date rape drugs recreationally (ghb, benzos) then it would not be helpful but if she doesn't use drugs (or hadn't in a number of weeks) it could help prove you didn't give her a date rape drug.

[udontneedtoknow]

re

As far as I am aware she went to the rape centre at the first available opportunity. I also know that drugs can be tested from the hair, as my line of work requires testing and I know someone who has had the hair test.

I also rang the police yesterday, spoke to the DS he seems to think they will have an answer within 2-3 weeks to wether I get charged or not. Hopefully not!
I cant imagine them having anything to go on!

[udontneedtoknow]

Anyone there

Can anyone else shed any light on this situation, the days are ticking till by bail date and Im gettin more worried by the hour just anything will help please????!!!!

[Casehardened]

I am afraid I can only offer (virtual) tea & sympathy, the run up to bail date is awful, followed by sudden relief if/when it is extended by another 6 weeks.

This is one of the possibilities you have to prepare yourself for, however do try to keep a positive outlook by repeating the mantra: 'the police must charge as soon as they have enough evidence to do so'