Falsely accused

[Saffron]

If you mean your question about how many cases result in charges once they have been referred to the CPS....impossible to say. Were you after a percentage or something?
As far as I know all allegations of rape, no matter how spurious, get referred to the CPS as a matter of course. Largely it is a postcode lottery...some will charge on the flimsiest of evidence (ie: the accuser's word and nothing else) and others will not.

[LS]

Rights Fighter asked the question, partly I think due to you asking if your case was being fast-tracked because of your situation, and while you think it isn't relevant it is reasonable to assume that if they wanted you out asap due to the type of charge/likelihood of conviction then us non-military people would think of courts martial/discharge. Possibly because on civvy street many of us were shown the door long before a trial or even a charge. Hence why I think Rights Fighter asked the question.

Also, most on here aren't aware of the restrictions you could face - which I am aware of, because I've been convicted and have to live by said restrictions - so I'm duty bound to mention them for the benefit of everyone here.

Now, as for your previous question "Does anyone know, once a case is at cps how many result in charges?" I doubt anyone outside the cps would have those kind of figures.

[Saffron]

We try to add information to posts regardless, as it may encourage "browsers" to post, (ie: people who are looking for help but are too nervous/afraid to post) and the additional info might help other members.

[friday]

from what i have gathered 38% of cases that go to trial result in a guilty verdict. i also know that stranger rapes are much much more likely to result in conviction because obviously the defence of consent doesn't really work. that obviously skews the data as it doesn't differentiate between when the accuser knows or doesn't know the accused.

[udontneedtoknow]

Thanks for the replies

Just found out from cps and my newly appointed "specialist" solicitor that I will be getting charged when I appear for bail, 1 count of rape, 1 count of assault by penatration. Not good.
However the leading officer on the case has informed my solicitor that he is going to appeal this decision, what this means I do not know as he did not say why, any ideas anyone?
The army will back up any defendee all the way until verdict and sentencing as far as I am aware from looking at other peoples experiences.

My whole world has just literally fallen apart!

[Saffron]

The figure I have heard (from a CPS sol who specialises in sexual crimes) is that once a case makes it to trial, the likelihood of conviction is approximately 60%.
Perhaps the 38% figure comes from cases where charges are made and then dropped for whatever reason. Between being charged and standing trial there are a number of processes to go through, any number of which can result in the case being thrown out or dropped before a jury is even sworn in, let alone asked to pass judgement.

Whatever the stats are, the answer to YDNTK's question is simply "we have no idea". We have not seen any of the paperwork related to your case, so cannot possibly give you any idea of how likely charges are in your case.

[Saffron]

Just found out from cps and my newly appointed "specialist" solicitor that I will be getting charged when I appear for bail, 1 count of rape, 1 count of assault by penatration. Not good.
However the leading officer on the case has informed my solicitor that he is going to appeal this decision, what this means I do not know as he did not say why, any ideas anyone?
The army will back up any defendee all the way until verdict and sentencing as far as I am aware from looking at other peoples experiences.

My whole world has just literally fallen apart!

I'm sorry to hear that. As I said in my earlier post (we seem to have crossed over in replying to each other) there are a number of processes to go through before it reached trial. This could be dismissed at any time.

Has the friend you were with on that night also been charged?

[udontneedtoknow]

Not yet

As far as I am aware not yet otherwise I will of heard through the grape vine, I'm hoping his statement isn't making it look like I'm the culprit!!!!!.
For what reasons could a case get thrown out prior to a trial, my sol mentioned he could apply to the courts for something like this??

[Rights Fighter]

Not sure about the OIC appealing the decision to charge - I can't see that myself. Maybe there's been a misunderstanding somewhere?

The Crown can pull the case before it starts (as they did in one of "my guys" case) by withdrawing the evidence.

Applications for an "abuse of process argument" can stop the case (not often but the sol I work for manages to achieve this quite often - mostly historical allegations).

The judge can throw it out.

Further new evidence during trial can stop the case.

It all depends on circumstances.

[udontneedtoknow]

Appeal

This is what the sol told me, I think because two charges have arisen possibly I think the oic is appealing to maybe have one or the other dropped! At the end of the day this is purely going to go down as a case of consent in my eyes!

[Rights Fighter]

This is what the sol told me, I think because two charges have arisen possibly I think the oic is appealing to maybe have one or the other dropped! At the end of the day this is purely going to go down as a case of consent in my eyes!

That doesn't make sense. The OIC would be eager to get more than one conviction - it's one way to proceed up the career ladder. Each success if referred to as a "detection" and wins brownie points.

[LS]

The only way I can see an OIC appealing a decision to charge would be if he felt the current one wasn't likely to produce a higher result.
ie he'd much rather you got a bigger charge = longer sentence = more brownie points, as Rights Fighter says.

Rest assured, if an OIC chooses to do something, it'll be in his interests, not yours.

[udontneedtoknow]

?

From what the aol said I sounded good, I spoke to the copper he reckons it will be one or the other, I'm confused, I don't know what to do with myself, the easy way out has constantly been in my mind!

[LS]

It could well be good, but it'd be a world first. You just have to be realistic in this situation. Honest coppers are few and far between, and for one to do something for someone else's benefit is rare.
There's a saying "if something's too good to be true, it usually is" and as many have said on here before, be hopeful but be prepared for the worst just in case.

It would be wrong for anyone to say it'll all be okay, because if it goes wrong you won't be prepared for it and it'll be worse. Been there.

[udontneedtoknow]

Update

Got charged around four weeks ago on both counts.
All bail conditions have been dropped also apart from the obvious, could this be a good sign?
Im am now trying to prepare my self for a stretch behind bars, does anyone have experience of prison and life upon release?