Helpfull advice please...?

[Gutted]

Hello everyone,

Ive been on this site a few times reading the advice others have been given, but have now decided to put my story on here and see if I can get any good advice.

On a night out with a friend in March, we met two young ladies in a local bar/club. After dancing and drinking for a while one of the females said she had to leave as her husband wanted her home. So me, my friend and the young lady that stayed with us continued to drink and dance. After a while we asked her if she wanted to come back to ours for some 'fun', she agreed and seemed very keen.
After leaving the club and a short taxi ride home we arrived and my apartment, and entered my bedroom straight away, we all fell on the bed taking each others clothes off. She was giving my friend oral sex while I was playing with her. Me and my friend thought this was all a bit of a giggle, due to being drunk and the situation we was in.
After about 30 mins or so the female started to make noises as if she was going to be sick. We've stopped, turned the light on and I've ran into the kitchen and got a bowl for her to be sick. After a few mins with her head over the bowl she started to cry. My friend and I asked her what was wrong and why she was crying, she told us that she was upset because her dad has terminal cancer. My grandad also have this, so I felt for her and told her about her grandad and tried to cheer her up a little. I gave her a hug and she did calm down slighty. But again after a few mins she became to cry, even worse than the first time. At this point I have left my bedroom and gone into the livingroom to get some sleep on the sofa. A couple of mins later my friend come in and said he asked the girl to leave and he had ordered her a taxi and seen her to the door. The next morning we both agreed that it was all a bit weird and we even joked that she might cry rape.

Two days later the CID knocked at my door and I was arrested for rape.
I was kept in the cells for 32 hours and interveiwed twice.

The female told the police that after a drink, either me or a friend had given her, she cant remember anything untill waking up in a strange place with us standing over her laughing. She has sent a text to her friend from mine saying 'rape' and then when she left my apartment her mates have found her on a nearby road being violently sick.
Her friends have been her to a 'safe house' only a few hours later, making sure she didnt have a bath or shower. And she told the police she was a virgin before all this.

Me and my friend who was involved were arrested at differnet times, as he works at the other side of the country. But my friends from Australia was staying at mine while all this was going on. He didnt go out that night but stayed at mine, not drinking and was awake when the three of us got back. He was staying in my spare room, directly above my room were we was. He heard everything, us coming in, her enjoying herself, being sick and then crying. He has given a statement to the police to that effect.

After the 32 hours in the cells they released us without charge, but on bail pending further equires.

If anyone could give me a advice on what they think the out come could be I'd be very greatful.

Thanks guys.

[Casehardened]

Hi Gutted,

On the face of it this seems another 'morning after' rape charge; i.e. once the alcohol effect wore off (after being sick) the guilt and regrets set in.

However you are looking for practical advice not moralising. You were unlucky being banged up for 32 hours but my take on this is that the police used this time to collate the medical evidence. From your account actual intercourse did not take place (?) so maybe the medical confirmed this. If there had been medical proof I imagine you would have been already charged, being bailed for further enquiries suggests that the police are merely going to run the file past the CPS for their opinion on the possibility of a conviction. As you will know from reading the site the only criteria is will a conviction be likely and if intercourse didn't take place (i.e. no evidence of bodily fluids in her vagina) then I doubt it will go to trial.

After dancing and drinking for a while one of the females said she had to leave as her husband wanted her home.

However to prepare for the worst I suggest that this girls statement would be useful as proof that she would have come to your aparment willingly (otherwise the two girls could have left together)

[Gutted]

Thanks for the reply, casehardened.

Firstly, yes no-one had intercourse with the girl, only my friend had oral sex. She has said she THINKS shes been raped because of complete memory loss and wake up sore down below.
She also told the police she was a virgin, and we was informed she had vaginal injuries during our interview. This must be true as the morning after there was some blood on my bed sheets, not much, I just thought the girl had been on her period. But if it was significant injuries wouldnt we have been charged straight away? Maybe the blood just comfirms she was a virgin??
As for her friend who went home to her husband, I think that was the who she sent a text to from mine saying 'Rape, and it was her who found her being violently sick near my apartment. But no doubt the police whill have her statement anyway.
She pretty much put it accress as if she was drugged. Saying after a drink we gave her she cant remember anythings. She wasnt drugged, if she was it was not from myself or my friend. I have looked into different kinds of 'date rape' drugs and their side effects. That girl was in my apartment 60-90 mins, and she walked in with a smile on her face and walked out ok as well. I have not seen the cctv footage of her walking out of my apartment, but i spoke to the caretaker of the apartment block who has and he said she walked out just fine. Surely if i girl had been date raped she would have trouble walking down 3 flights of stairs?

Thanks.

[Casehardened]

Your case is similar to 'udontneedtoknow's, a few threads further down this page and it might be useful to read what was said about date rape drugs there.

Without denying the existence and use of these drugs it does seem that too much alcohol gives a remarkably similar effect and I would guess that this is the case here.

The vaginal injuries do give a new slant as the definition of rape has recently been broadened to include any sort of penetration (though I am not sure if this definition only applies to minors; Rights Fighter, if she sees this, may be better placed to advise) Therefore it may still be possible for you to be charged with rape even though intercourse has not taken place.

I am being deliberately pessimistic; you are correct in thinking that you would have been charged by now if there was no doubt. You have been bailed because there is not enough evidence to charge and my thinking is that if there isn't sufficient evidence now where is it going to come from? A blood test for drugs? From what you say this will only show an excess of alcohol which is hardly going to help her case.

[Gutted]

I hope they have taken a blood test from the girl, that way it can be proven we didnt put any drugs in her drink.
As for the injuries, thats the thing that worries me, but wouldnt they have charged us when we was in the police station if it looked like she had been penetrated violently causing injuries? I assume the first thing they do is get the forensic edvience back from the girl asap? She went to the 'safe house' early monday morning and we was taken to the police station 2.30pm on the tuesday and kept in untill gone 10pm on the wednesday. So that is 60+ hours from her reporting untill us being bailed, surley that would know within that time if the injuries looked like she had been raped and they have found drugs in her blood?

If they find a large amount of alcohol in her system is that going to be in our favour or not? Cant we get done for rape if thats the case?

When I sit and think about it all, I somtimes wounder what if she was really drunk and after laying down for a while the beer has hit her just before she was sick and genuinely really cant remember and thinks she has been raped..... It makes me feel sick to my stomach.
I am not a rapist and anyone who knows me who Ive told hasnt even needed to ask if I did it or not. I just wish I could know whats going on in that girls head!!!

Thanks again.