Falsly accused of rape and on bail without charge - need help!

[Rivington222]

A long story short, I came out of a long term relationship last year and with my home and business being at the same address i lost everything in a short space of time. I was adnitted to hospital for acute stress and anxiety and allowed to rest without medication and releaseed with no issues after a weeks rest. At the hospital i spoke to some of the patients there and was befriended by an older woman and she knew the ropes about hospitals and such and she was very supportive. She asked if i would live at her flat whilst she was still in hospital and to care for her cat. On my releasee from hospital i did this and visited her at the new hospital she was transfered to. I helped her by reprsenting her with her consultant in having here releaseed for christmas for a week and afterwards for longer periods as long that she was in my care. It wasnt long before she started hitting on me and each time i refused, she would apologise and i kept to sleeping on the sofa and made plans to get out of there but still recovering from the loss of the previous year i was in no state to make any sudden change of address. She looked after me and mothered me and thats how i viewed her and her view of me was like that of a son, but she would hit on me and it got to the point that i sat her down and explianed it in clear terms that i held no interest in her whatsoever and if it was going to be a problem than i would leave.

She didnt take the thought of me leaving too well for reasons i will outline another time, but it basically is that all males in her life that were of any importance were either using her, forgotten her or only wanted to see her if they wanted something.

During this time i met a friend on the internet and being abroad the time diffrence was so that we chatted and video chatted into the night and all was well - she just recently came here and spent a while with me here, and i plan to go there when all this mess is cleared up.

The woman i stayed with couldnt understand why i held feelings for someone on the net who wasnt real and that she was there caring for me and that i had no interest in her - plus there were other issues of high phone bills and internet charges that i ran up. It came to a head were she cried in telling me that she wanted me to leave that she felt i was using her and that she needed to move on - I left the following day and she had already packed all my belongings. she was at this time just started a cognitive thinking course so was feeling empowered about her life and issues in them.

I moved out of the area and to be nearer my daughetr and my ex wife even helped me to get to that area.

Things were going well for me and then i got a message were i was staying that the police wanted to speak to me I rang them and was advised that it was a sexual matter. I said that i would go to the nearest station as best to get it sorted out now and id rather go in than be picked up. I did thsi and was alledged i had raped the woman that i stayed with - who i had helped and she helped me - police also alledged that i threatened her to keep quiet. When i was told i laughed at it for being a manipulative trick on her part to uopset and damage my life - but to see the effects it has in that i had to move and even the solicitor said that there was no mieage in the accusation to the police. I keep in good contact with the policve and have been informed that they kept a four week bail period so that the matter can be dealt with quickily - i took this to be a good sign. I have plans with my new business and relationship but everything is on hold and to learn from this forum that the allegation alone can go to court and even a conviction can result just by word alone?! Im very frightened by all this. I have been in prison before for serious offences that are non sexual or violent and i know what happens to those accused of rape.

Ive not a clue what to do - i want to help the police in thier enquiries but then i know that they are there to bring a case to court for conviction and little interest anywhere else.

What can i do?

[Casehardened]

Hi,

First of all, hello and sorry you have had to come on here for advice.

Can I just ask to you clarify something so that we may better advise you: you said you offered to visit the police station to get the matter sorted out; were you in fact arrested for the rape of the woman when you got there, or was it conducted as a voluntary interview? Also you mentioned a solicitor; was this the duty solictor of did you consult your own solicitor later?

Sorry about the questions but it helps to build a picture.

[Rivington222]

further info

Thank you for your prompt reply - when I learned that the police were looking for me I rang them to enquire as to why. I was imformed that there was an accusation made about me of a sexua nature. As I was living in a diffrent police force area I said that I would hand myself in to the local police station and to get this sorted out. I was arrested and cautioned when I habded myself in and plaed in. Cell and later questioned by officers from the complianants area. It was a duty solicitor who attended the interview. He states there is no mileage in this but I'm concerned at all the horror stories I've read about how those arrested are treated by the police and the courts.

[Rivington222]

sorry

Sorry about the spelling errors, I'm typing from my phone directly to the forum page and the writing is tiny. Many apologises

[Casehardened]

Hi R222,

As you have been arrested and bailed this means that the CPS will be involved and will make the decision as to whether you will be charged or not and unfortunately this will take time (simply because of their workload and not because they are studying your case at great length)

You understandably do not want this hanging over you for any length of time but regrettably there is nothing you can do to hurry the process; it may even be that you will be rebailed when the four weeks is up.

Purely to get you through this time, I would suggest that you write everything down that shows your innocence of the charge while it is still fresh in your mind: Hospital dates; the consultant's name and speciality; names of anyone else who knew that you and the woman became friendly at the hospital; the dates you stayed at her flat; names of any neighbours who saw you there.

If you have had no kind of sexual relationship at all with this woman there will be no forensic evidence to back up her claim so, as you say, it is based solely on her word, and therefore you would need to be prepared to show that you were only friends and flatmates. It is also useful to note the reasons for her getting upset with you as this provides a motive for making the claim.

Hopefully Rights Fighter will be along in the next day or so to advise regarding solicitors.

[Rivington222]

thank you

(Hank you for again your prompt assistance in replying - I have written as much as I know and I'm confident in that I can clearly why she has done this. She also pulled a knife on me and woke me up when I was on the soafa asleep some two weeks before her alledged date and she wanted to know why I didn't want to be with her and just interested in people on the et I didn't know - I calmed her down but she had made a threat using the kniife saying that if I didn't want her she would make sure no one did - I talked her down and she was very apologetic afterwards. Should I go to the police regarding this or just my solicitor. She reffred to knifes as being her friends and was hospitalised for threatening a social worker aand cutting herself up in his resence. I didn't know this until some time later

[Casehardened]

The knife threat must have been worrying to say the least, but my take on it is that it happened while you were alone with her so, if she denies the incident happened, then it's a word against word senario, much as the rape allegation is. If you didn't mention this threat during your police interview it may be considered that you've only brought it up now to try to discredit her claim.

However I do consider it significant that she has/had mental problems. These of course would not prevent her being a rape victim so would not be admissable as evidence in your favour, but would undoubtably influence the CPS's view of her as a credible witness, if her account is the only evidence they have against you. If you did not make the police aware of her mental health history during your interview I would suggest that you ask your solicitor to do this.

Please don't answer this if you don't want to but do consider that if you have had any sort of sexual relationship, then your defence will have to have a different slant to if you didn't i.e. you will have to show you had a consensual relationship which subsequently failed when you met someone else (thus showing a different motive for the allegation)

[Rivington222]

again thank you

The police were made aware at the interview of her mental issues and how we came to meet it being in hospital. There has never been any sexual relations between us and I'm sure that the police have made efforts to interview her close friend and family to try and establish that there was and that we were an active couple but they knew there was never public disspaly of affection and I slept on te sofa. There is no forensics and nothing more than her words and accusation. I can establish that her clear motive was that I had no interest in her and that I had ran up high bills on the ohone and internet talking to another woman. This just her being vindictive. Even though I have paid bills off and offred to clear others off before lbeing asked to leave.

[Casehardened]

Thank you for your honest replies, at least on here there is some anonymity, but the whole picture is clearer now.

As you already know from reading of other's experiences the criteria for a prosectution bears no relation to guilt or innocence but simply on a 'reasonable' chance of a conviction so, as there will be no forensics, the chances of a charge really hinge on how the CPS think that you and the woman will stack up as witnesses in court in front of a jury.

A huge positive is that she is older than you. Many folks have been accused of raping younger girls or even minors and the jury can be swayed by this especially if the victim cries in court, but in your case they will need to be convinced that you were sexually attracted to an older woman (sorry to everyone for being ageist but this is definitely a factor)

Another positive is that, from your original post, there was a time delay between your moving out and the woman reporting the incident; this gives rise to the line of questioning as to why the delay.

The woman's mental issues are irrelevant to the rape allegation (although an application can be made to the judge to disclose them) but undoubtably will be a consideration if she is the CPS's only witness. Unfortunately to set against this is the fact that you have been in prison before, though if the offence wasn't sexual in nature it shouldn't be a factor (but again the prosecution could ask for it to be disclosed)

You should always be prepared for the worst (i.e. you may have to go to court and defend yourself) but my gut feeling is that the CPS will walk away from this one.

[RFLH]

sailing close to the wind there casehardened!!

best wishes from
very old RFLH!

[Casehardened]

sailing close to the wind there casehardened!!

I have already been severely chastened much closer to home for my comments (but in a funny sort of way that was enjoyable)

Anyway it was a completely dispassionate comment and for all the female members of the forum

[RFLH]

good - it'll save me from issuing a slap on the beak!!

[LS]

oh goody, an e-slap cometh.....
makes a change it's not in my direction

[Rivington222]

Thank you again,

I have read what was said and i can further assist in this. My presesnt partner is older than me by eight years but no way looks it! I can see why you said and attraction to older women may be considered a factor, but, my strongest line is that, if im not attracted to someone - im not! Character is a majour factor to who i would wish to spend and energy in getting to know someone. I can establish with people and support groups due to her mental recovery that she had discussed asking me to leave a week before she actually said to me (she states the rape occured then) that didnt happen, she cried that she wanted to get her life back on track and that she was worried about the phone bill and internet debts and that it would be far easier for her that i wasnt there. I have to day made the police aware f this and that it is an avenue that they should consider thier lines of enquiries.

I have very distinctive marking on my body and this was the first thing i showed the police on interview and said that they should ask her what markings ive got - to be on the save side as i dont trust the police i didnt disclose or show all, and there is noway she would know of them unless sexual activity had taken place at any occassion of which it never has.

I am trying to stay focussed in my daily life and really keeping myself to myself. But as i am bailed to the middle of the month i will naturally grow more anxious as time goes on. Thank you for you support and advice it has been a great help.

[Casehardened]

My presesnt partner is older than me by eight years but no way looks it!

Oh dear, no way was I implying you have a fetish for older women, your partner's age is quite irrelevant; were the case to go to trial it just would be so much worse if your accuser was considerably younger than yourself. The jury would be considering you as the dominating personality, whilst they might consider a woman of the same age or older to be capable of taking care of herself.

I have very distinctive marking on my body and this was the first thing i showed the police on interview and said that they should ask her what markings ive got - to be on the save side as i dont trust the police i didnt disclose or show all, and there is noway she would know of them unless sexual activity had taken place at any occassion of which it never has.

You seem to have a very good defence with regard to the markings on your body, however it would be much better not to have to test this in court. When you answer bail (or when the police phone to extend it) I suggest you bring up this point again as it is certainly something the CPS should take into account in their deliberations.

It is good that you are feeling positive but be prepared for the butterflies as bail date approaches and do come back, its often helpful to talk.