Why me

[Kermit]

I was arrested 3mths ago and accused of a rape 3yrs ago. I have been told to return to answer bail tomorrow and the police told my solicitor they are looking to charge me, even though the cps have not returned any decision and there is no evidence. My family home was searched, my girlfriends daughter was video interviewed as she was here when the alleged rape happened, and so was my girlfriend but police have not spoken to her at all, as my accusers said she was'nt! It does not matter about the truth and innocence. My life is being destroyed for a lying attention seeker! Can anyone help advise me please

[RFLH]

Hi Kermit - sorry to see you here.


Have you got proper legal respresentation?

[Kermit]

Yes my girlfriend searched for a solicitor, when the police informed me of the allegation! My accuser has also told several people that she was sexually assaulted and raped by someone else nearer to where she lives, yet she never reported it to the police!

She did not report the said rape she has accused me of to the police but to another person, who talked her into going to the police after 6weeks.
She was staying with my girlfriend on holiday and only stayed here for 2days , also my girlfriend and her daughter were also here, but my accuser is saying my girlfriend was not here, total ******** and we have pictures to prove her lies on that, but again the police are not interested in facts.

No one has spoken to my girlfriend, she was informed they would contact her to take her statement and she got advice and told not to give any information unless she had a witness present, and when she was told they wanted to talk to here, she told the police she would be bringing a witness and guess what .... oh we don't need to take a statement of you just yet !
I cant eat or sleep, I'm struggling to concentrate at work.

[Rights Fighter]

There's not a fat lot a solicitor can do until you are charged as there will be no paperwork to speak of. There will be no public funding (unless you are privately paying client) until charge.

The police are often not in the least bit interested in the truth, guilt or innocence. This is why, in your case, it appears they do not wish to investigate the case fully by talking to potential defence witnesses.

You should be prepared for the possibility of them actually interviewing those who can help your case in the future, then telling them (and you) that they cannot contact you as they are now witnesses for the prosecution.

Remember that "there is no property in a witness" and if this happens, your partner and anyone else who might be snaffled by the police can talk to your solicitor and prepare a statement with the truth in it.

Not all police officers are honest and some will take statements and then twist the words to suit their own ends. They will then rush the witness into signing the statement without them reading it carefully first.

If they are interviewed by the police they will need to be aware of this and also be aware that at the end of the statement, if they are invited to sign it, and there is a big gap between the last sentence and their signature, to squiggle a line from the last sentence all the way to the signature so that nothing can be added after signature.

Most police officers will not behave in this despicable way but unfortunately some will. One has to assume that they are all as bad as each other.

[Kermit]

update

Hello everyone i am kermits girlfriend and i feel broken in two! Kermit answered his bail today and was charged with rape without any evidence just the word of my x husbands daughter ( been divorced 10yrs and he has remarried both of us happily moved on), seems that is all the police need. I will let you know as soon as i can what happens tomorrow, i have been told by the police that he is being kept in the cells over night until he appears in magistates court in the morning where bail will not be opposed.
My x step daughter also made an accusation that she had seen my boyfriend on top of my daughter, my daughter has completely and truthfully denied this and accused her step sister of being a lying so and so ( sorry i cant type what she said but I TOTALLY AGREED WITH HER ) The police told my daughter she is lying to protect me she told them to go ???? off
Innocent until proven guilty is RUBBISH and the POLICE DONT CARE!!!!!!!!

[Casehardened]

Hello Kermit's partner,

It will be so important to his well-being that you are standing by him, so this is great.

Unfortunately as the rape happened so long ago, lack of physical evidence, DNA etc, will not be a factor (assuming that there is no likelihood that the accuser is still a virgin) so, as you rightly say, it will be word against word, with the presumption from the police that the accused is guilty rather than the accuser is lying.

The defence to this will pivot around proving that the accuser has lied. If the statement that your boyfriend also raped your daughter is documented (i.e. made to the police) and your daughter is happy to go into the witness box (if the case goes this far) to say that this is untrue, this will be enormously helpful, especially if the accuser is on a video link rather than present in court.

If you or your boyfriend can think of any motive for the accuser coming forward now rather than at the time the rape was alleged to have occured, this would also be helpful. (just as an example, were you planning to get married?)

Hopefully RF will be along later to advise you regarding legal representation as, now he has been charged, it is vital that he has a 'specialist' in false accusation rather than a duty solicitor.

[Rights Fighter]

Even if this accuser claims that your boyfriend took her virginity, and that a medical examination proves that she is still a virgin and there are no injuries on her at all, this evidence can still by-pass the jury.

One guy I am trying to help (in prison probably for life as he will not undertake "offending behaviour courses") is still struggling with the fact that the accuser claimed that she was anally and vaginally raped from age six to sixteen was still a virgin at her medical examination and that there were NO injuries whatsoever.

If she has such an examination and the findings show nothing the prosecution expert will say that the fact that there are no injuries does not confirm or deny the alleged rape and that the "finding" is neutral. This is because statistics are taken from the genuine victims and the liars and so far nobody has managed to see the link..........................

I have removed the Private Messaging option from my account as I was getting several a day from people who didn't bother to post on the forum before trying to contact me - attempting to get free "legal" advice, bypassing the members. This means I cannot send PMs as well as not receive.

In this case if you would like to contact me direct please PM the moderator RFLH and she will send your message to me. A landline number would help so that I can ring you to discuss this further. RFLH is a member of the private online forum (historical allegations of sexual abuse) I run and we are in touch daily.

[LS]

Be also cautious of any medical evidence showing her still a virgin or proof of a non-event.
In my case I thought medical evidence showing the other party to still be a virgin was a matter of case closed. Then in court the judge changed the accusation to "Attempted....." and it's impossible to prove you haven't Attempted something. I was convicted regardless.
I found that the medical evidence which showed the truth wasn't worth the paper it was printed on.

[Rights Fighter]

Oh yes thanks LS I had forgotten about the moving of goal posts - rape v attempted rape.

[Saffron]

Hi Kermit and Kermit's partner. I am so sorry to welcome you here.

You mention that the accuser claims to have been raped by someone else, and that she didn't report this "rape"? Do you know who was supposed to have raped her and would he be prepared to give a statement? Of course his statement may not be legally admissible as evidence, (because the accusation was not reported, let alone proven false) but your barrister would be able to argue that it shows a pattern of "victim" behaviour.

It is good that the accuser has told a "provable" lie - that your daughter saw your partner on top of the accuser. Your daughter has denied that she saw this, which is helpful. However, you need to make sure you barrister/solicitor is aware of the importance of this statement....it is a PROVABLE lie, so how can the jury trust the rest of the accuser's evidence?

Don't rely on this though - despite the judge's directions, juries are definitely swayed by emotion and they will certainly walk into court thinking "why would anyone make this up?" Sorry if that sounds harsh, but it is true. It's not a case of the prosecution proving your partner's guilt, it's a case of your partner proving his innocence. That is totally wrong, but trust me, as someone who has been through the system, that is what you have to do.

It's unlikely that after 3 years you will have any text messages or emails from the accuser, but if you do, please keep them! The same goes for any photos/letters/messages taken or sent after the alleged rape. Please don't give them to the police, because the police will "lose" any evidence that may be helpful to the defence. Give anything helpful to your case directly to your solicitor.

We are all here for you both. Please let us know how you get on. We are all rooting for you.

[Kermit]

Kermit got bail

Hi everyone , my kermit is home !

After a trying morning waiting for Kermit to be brought up to answer to the alleged accusation of rape. The magistrates allowed him bail and a prelimary crown court hearing has been set for next friday at 10am, with a possible trial set for October !

Thank you for the advice about pictures ect as i did not sleep much last night, and was searching and searching for a cd that holds pictures of the visit in 2007, and shows clearly . I am not lying about not being at home with my daughter and x step daughter and boyfriend as my x step daughter has stated in her statement ! And something else the police accused me off lying about, saying " I was blindly protecting my boyfriend and would not accept he has committed the offenses he will be charged with"... well i cant wait to see the look on their faces when new evidence is produced, that clearly shows the accuser has totally fabricated her accusation !!!
The cd is now in a safe along with several copies have been made as instructed by the defense team.


SERIOUS NEGLECT
Kermit was refused medical treatment for 10mins whilst in the cells last night.
He was struggling to breathe and on the floor an officer told him "WHAT ARE YOU DOING ON THE FLOOR GET UP THERE IS NOTHING WRONG WITH YOU WE SEE THIS ALL THE TIME" ! Kermit told him he was struggling to breathe, to which the officer told him to get up and stop being pathetic and made him walk to an outside exercise area. Kermit requested the nurse as he has had breathing problems previously and had recently been in hospital with high blood pressure, breathing problems and his heart beat was out of rythem and only after 10mins, STILL CLEARLY HAVING BREATHING TROUBLE was he taken to the nurse on duty who checked his blood pressure ect!...Who can we complain too?

The other alleged rape my x step daughter claimed but never reported is being looked at by kermits defence team as she gave us the boys name when she was visiting last summer.


I know i speak for kermit as well , thank you so much for all the support and help , we know we could have a long way to go yet even with cd and other information and could not do it alone, this site is a life line thank you so much!

[gareth589]

Glad that your home, when I read your post, it made me think of the situation I am in. Is this what they will be doing to me. I hope you can keep it together and be strong for those around you.

All the best

[Rights Fighter]

Kermit's partner, leave complaints about the police to his solicitor.

This should be taken very seriously as there will be medical records to support that his health is not good and I would think that stress can bring on all sorts of medical problems. I know from experience that my Asthma is worse when I am very upset.

It's great that he's home.

[Kermit]

hi gareth

Glad that your home, when I read your post, it made me think of the situation I am in. Is this what they will be doing to me. I hope you can keep it together and be strong for those around you.

All the best

its kermit, i hope i didnt have to come on here but this has happened to me
as you read im out on bail now from the court, it was actually a relief to go from the police cell to the courts because i was teated better
and i was only at the court for about 2hours or so then bailed with conditions but at least bailed
have you been police interviewed yet?
have you been in a cell yet?
are you bailed?
and dont forget like everyone tells you on here give all the info you have to your solicitor ok
its so so good to talk to people like ourselves in these positions but you need to talk to someone it does help you
they will all tell you keep strong and focused all the time
i am nervous and scared and have ups and downs
being in a cell made me break down a few times and start crying and thats the worst time
its good to be on here and talkin and that will help you
please take all the support and help from all your frends and family that you can they will help you and be strong for you
take care for now gareth
dont forget stay strong and hold your head high!!

[gareth589]

Kemit, Thanks for the message.

I have been bailed, and due to answer bail on the 9th Aug, not sure whats happening, at moment, i have not put my side across or have i been given the full facts regarding what I am meant to off done.

They will be arresting me and re interviewing me and putting fresh charges to me i think, due to the lies she has told them.
The Police treat you like scum and I know that when i go back this officer will of formed his thoughts and I wait to see what will happen. I hope things go well for you.

Gareth