please help me with any advice you can

[lookman05]

i went out with about 8 of my mate and met 3girls out and they invite us to come bk to there's for a house party. there wasn't a party but 2 of my mate went to bed with 2 of the girls in different rooms and i slept in the 3rd room with the 3rd girl with my friend then they start having sex and she dragged me where i was sleeping and start kissing me and rubbing me for bout 4minute and i fingered her then she jump all of a sudden and start having a go at me and my friend, then i went off and left my mates at the house. the next day i was in my camp cos am in the army when the police came and arrest me for alledge rape and in my friend and the girl statement they said they didn't know i was in the room and i wasn't kissing her and have just jump in the sex. am currently on a 8weeks bail and have had my hand swab taken but is there anything i can do to help with my case

[LS]

Hi, welcome to the site. As you didn't have sex with her, then there isn't a lot of evidence you can collect, especially as it isn't as if she was someone you knew.
You just have to be patient and see what happens at the end of the 8 weeks.

[udontneedtoknow]

Im pretty much in the same boat as you pal, read my threads and i will answer them as best i can.

[lookman05]

thanks allot for your contributions guys cos this has really ruin my life and my employer are looking at discharging me if i do get charge, does any1 know what might happen next bcos am on 8weeks bail now. i told the police she came on to me in bed and she was kissing me but in her statement she said she didn't kiss me or anything like that, she said i sneak into the room and just start fingering her while she was on the bed with my friend.

[witsend]

Dear lookman, seems like you have found the best place to come to. One way or another most people on here have been through similar situations. No two cases are the same but we may be able to offer you some words of wisdom or a shoulder to cry on. I know it's not everyone's cup of tea but have you thought of considered confiding in your army chaplain? Try and keep your chin up, thinking of you.

[lookman05]

thanks

yeah thanks for the quick reply and this site has been really helpful in 1 of the darkest moment of my life, but i don't really think the chaplain can do much for me to be honest and again we got a civilian chaplain on our camp. do u know if u got bailed for 3months without securing any money against your bail, does it mean the police think there is less of a chance of you getting charge? the girl that accused me said i was fingering her without consent when we was in her room but i said she came unto me and was kissing me for a while before i start fingering her. what type of investigation do u reckon they will do on the matter of consent. cos am on bail now for 3months and this allegation has really ruin my life and might be getting chucked out of the army if i do get charge

[Casehardened]

y do u know if u got bailed for 3months without securing any money against your bail, does it mean the police think there is less of a chance of you getting charge? (

I think having to put money up against bail only applies if the person arrested is very rich and has property overseas in a country without an extraditition treaty!

To be perfectly blunt (as you're in the army you're probably used to this) you have been bailed because the police haven't enough evidence at the moment to prove you actually raped the girl.

To help you with the waiting game, you could run through the events and try to establish how you can prove you didn't.

[witsend]

Seems that three months seems about the norm for most people to be on bail so don't fret too much about that. Are your work colleagues supporting you through this? I know that they tend to rally around when things are bad. Please keep coming back here, one way or anothe rwe will try to support you.

[lookman05]

the admin of this website are doing awesome job

Yeah some of the lads i work with are well supportive but 1 of the lads i was in the room with on that day, said to the police he didn't see me kissing the girl or anything like that, cos he think the room was too dark. what type of evidence do u think they will be collecting now cos i did admitted fingering her because she came on to me and was kissing me and rubbing my private part n all sort but she said she didn't do anything that i just come onto her bed and finger her. tbh don't know u people but ur like the light in the darkest moment of my life.

[witsend]

lookman. I'm not best placed to say what evidence they will be collecting, somebody wiser than me could probably let you know I know from experience that squaddies tend to rally around each other as we are the family of a serving soldier. I know things must seem terribly bleak at the moment and we all understand that feeling. You may not think it now but things will get better. Keep a clear head, write down anything you remember and just try to stay strong.

[Casehardened]

the next day i was in my camp cos am in the army when the police came and arrest me for alledge rape

The girl must have reported the alleged rape almost immediately so her vaginal swab will show no evidence of your bodily fluids (your DNA will obviously not be the same as your friends) thus showing the rape did not happen.

Unfortunately there is an also offence of 'assault by penetration' which you could be charged with and, as you have already admitted fingering the girl, the whole issue is did she consent to it or not; the usual word against word scenario.

But, my personal opinion is, that if this story, as you have just told it to us, is put to a jury, there is no way they will convict you of anything. Assuming none of the girls are minors, they will consider they knew exactly what they doing when they invited you all back to their house. You will also have the current huge swell of positive public opinion for the army on your side (in fact if you've already been out to Afghanistan you may as well stop worrying now)

The CPS will take all this into consideration when considering whether to charge you. Incidentally were any of your friends also arrested & questioned?

[Saffron]

Sorry CH, I have to disagree with you...

"Our" accuser invited my husband to her hotel room. They had a drink and a giggle and then he left to check on a colleague, telling the accuser he would come back. While he was gone, she undressed and got into bed naked, knowing full well he was coming back (she admitted this in court). He got back to the room to find her naked in bed. She admitted that they had been talking about sex for most of the evening prior to this event, and that they had both had a "significant" amount to drink.

He was still found guilty of indecent assault by "digital penetration".

[Casehardened]

Saffron, I know you have written before about the jury only taking 15 or 20 minutes to come to a verdict but I didn't know the details of your husband's case. All I can say is what an absolute travesty of justice that was.

Hopefully in regard to lookman05 we are a few years further on and the CPS are a little more discerning as to what cases they put forward (probably due more to financial stringency and bad publicity than common sense) Also, as I mentioned, if he turns up at court in full dress uniform, the public sympathy vote will come into play for him.

[LS]

I don't think he will be allowed to turn up in full dress uniform, because the Army will be keen to distance itself from anyone accused of this type of offence.
There is the other side of the coin, of course, in that if there are any jury members vaguely related to the Middle East, or even a whitey with an opinion then wearing the uniform of the army could be the kiss of death.

The individuals who make up a jury having a bias/opinion/belief is fatal, because they will let that overrule the facts. I found that out the hard way by getting 4 years.

[lookman05]

thanks

yeah thanks allot guy and have been to afganistan and i was even undergoing psychological test after loosing 2 of my mate in my section on a patrol but i don't want to bring anything of that sort out, Most of my friends where question but not arrested, i was the only 1 arrested cos she said she didn't know i was in the room. bout the service dress i won't even wear it because i don't want them to feel sympathy for me cos am in the army but sympathy for me cos am innocent. i go bk on the 9th of september for bail and hopefully i don't get charge cos i feel real suicidal right now and have never been arrested for anything else before.