Questions, pleae help

[missp]

Hello to one and all,

I really need some advice on behalf of my boyfriend, who has had a call from his solicitor (a duty one) this afternoon to say that when he goes to answer his bail tomorrow, they intend on charging him.

I am glad I found this forum, all be it a little late in the day, but you see we didn't think it would come to this as there is no evidence or witnesses, it is just her word against his.

The accuser is his ex-partner, who after months of not being with him went to the police to say that he had raped her whilst they were living together (in March 2009), they then split up in October, but she did not report the alleged rape until just before Christmas 2009.

I am going to be very candid here, so please excuse my divulging these details, but I feel they are relevant - I met him in December last year and for the last 3 months we have been practically living together so I know he would NEVER have done such a thing - he is a kind and gentle man, who initially slept in my bed on numerous occasions before we were eventually intimate - he has never in the entire time shown me even a glimmer of the behaviour he has been accused of and when I have said that I'm too tired etc., he has always respected my wishes and never pushed it further, not even verbally, and there has never been any animosity involved.

My questions are as follows:

1. What can we do about replacing the duty solicitor for a specialist one asap? (he would qualify for Legal Aid as he is on a very low income)
2. Is it likely that he will get bail? if not, can I do anything to represent him/can we explain the fact he has a child he cares for every weekend? Or put up collateral as they do in the US?
3. What happens if he doesn't get bail?
4. How long is it likely to be before it comes to trial?
5. What sort of contact will I be allowed if he isn't bailed after he is charged?
6. How can they proceed without forensic evidence?

I am really so very worried, and can't believe someone could be so cruel in doing something like this, I am of the opinion that when she found out that he was seeing me, she did it all out of spite.

We live in Surrey, if anyone can recommend a good solicitor?

Many thanks in advance, missp

[LS]

Getting bail takes into account a number of things, mostly risk of fleeing, likelihood of interfering with witnesses etc, but as you can see many have gotten bail. It is my understanding that the risk would be higher if for example one was accused of grabbing someone off the street. I won't say he definitely will get bail, but his chances are no worse than most. I don't believe this country takes collateral as in the US (surety) unless it's a much more serious crime with an equally serious risk of flight.
If he doesn't get bail then he'll be remanded into custody (local prison) until the trial. However there will be numerous procedural hearings in between in which bail could be re-applied for. You will be allowed to visit him if he is in prison, quite often.
Going to trial is a difficult question to answer. It could be 6-9months or more.

If he isn't bailed after charge, ie remanded, then as above you would be allowed regular visits with him.
Unfortunately our system is one of the few where this sort of accusation requires little or no evidence other than the accuser's word.
The best I can say is to be strong, and be there for your partner, but it will be an uphill slog due to where you are.

[Saffron]

Hi Missp and welcome. I'm sorry you had to find us, but we will do all we can to support you.

You probably can change sols as long as you do it very quickly. Make sure you appoint a sol who is experienced in defending false allegations of sexual crime. A standard criminal sol will not be good enough. The new sol you choose will then apply to the duty sol for all the paperwork.

If your partner has a job and does not live close to the accuser he may well be bailed. Being remanded happens, as LS says, for any one of a number of reasons: if there is a risk of flight (ie: if he was an immigrant or has a home overseas) if he is of No Fixed Abode; if he is likely to come into contact with the accuser for any reason; if he is considered a danger to the public or himself or if he has a previous record of breaking bail conditions. One of these reasons would be enough for him to be remanded.

It is very difficult to say how long it will take to come to trial. In our case it was 6 months, but it could be longer. It depends on the amount of "evidence" (statements, medical records, etc) there is, and how busy the courts in your area are.

If your partner is remanded you will be allowed regular visits. The procedures for these vary from prison to prison, and remand prisoners have different privileges etc to convicted prisoners. We can advise you on the procedures if it comes to that.

Unfortunately because this is a historic allegation (ie, some time has passed between the alleged "rape" and her choosing to report it) there is no need for forensic evidence in order for the CPS to prefer charges. It will all come down to who is the more credible witness, and the jury will be asked to decide who they believe. It is as simple as that. I was horrified when my hubby's sol told me this - how can that be justice?! But unfortunately, that is the way it is. Has your partner got any correspondence from her - text messages, emails, voicemails, etc? Can you access her facebook/bebo/myspace pages? If you can, monitor her status updates....if she says things like "going out tonight with the girls, can't wait!" make sure you take screen shots. If she claims in court that she is too traumatised to go out since the "rape" these screenshots will be very compelling evidence that she is lying.

I would also recommend that you talk to your partners friends about providing character references.

Finally, make sure you take care of yourself. Good luck for today, let us know what happens.

Saffron

[missp]

Update

Firstly, thank you both so much for replying and all the advice you have given me.

My partner has now instructed Tuckers Solicitors (from info I found on here and from searching the net), and I have to say they responded very quickly, he spoke with someone quite late last night and a representative arrived at the Police Station just after he did this morning - I hasten to add that the duty solicitor he had been registered with turned up 40 minutes late, and was dismissed accordingly!

Ok, so he has been formally charged and has to go before a Magistrates Court in 2 weeks, he did however get bail, which is a relief.

Now we will begin the process of gathering any other evidence as you suggested, and approach his friends for character references.

I will keep you posted, many thanks again
missp

[RFLH]

I'm pleased that you've found someone that has been recommended on here.

Chi up, shoulders back and collect every detail you can. Keep coming back - I'm sure you'll need somewhere to have a good shout!