motorman

[motorman]

hi i would like some advice please.sometime ago the beginning of this year i was arrested on suspiscions of being in charge of a motor vehicle whilst intoxicated,i was taken to the police station where on arriving i had 3 may i point 3 breathe tests done on the machine in the police station and all 3 test results come out negative.however once this was done i was placed in a cell where i spent the rest of that evening and the following day till approximately 1845 where i was taken to an interview room and interviewed following an allegation of sexual assault on a female, for which i totally denied the interview lasted approximately 20 minutes after which i was released on bail without charge to return to the police station which i did and have done every time i have been released on bail.after my interview the solicitor at the time at the police station stated to me that the bottom of the barrel was being scraped,and then on my most recent return back to answer my bail i was told that it is a plus plus that i have not been charged.i would like to know where this is going and any help would be deeply greatfull please

[Casehardened]

Hi motorman,

Firstly welcome to the forum, and no doubt other members will be along shortly to say hello.

In order that we may best advise you, may I ask you to clarify a few points?

Firstly is there some connection between the breath test & sexual assault allegation, i.e. was the girl a passenger at the time? It seems strange that you were held even though the test was negative, the implication is that the police really wanted to hold you on the drink/drive while they investigated the assault. Also if you were under the influence you *may* be more likely to commit this offence (obviously I'm not suggesting this, but it's the way the police think)

If this is the case & the girl was a passenger, was there anyone else in the car? If it was just you and her, this is a word against word scenario, i.e. she said you did, & you said you didn't. It then basically comes down to establishing who to believe, this is why more details are helpful: were you and her in a relationship or was it a one-nighter. Incidentally is the alleged victim over 16?

Once again sorry about all the questions, hope you understand the need to ask.

[motorman]

hi to you all and thank you for welcome to the forum many thanks for fast response.
pointed out details are the female was not a passenger and no the drink/drive and sexual assault have no irrellevance with each other i was arrested and placed in custody no charge and while there i was told of the allegation that had been made by my daughter following an argument with my ex wife.this is really taking everything out of me i am not able to concentrate properly at all i do not understand why my daughter is hurting me this way or any way at all.

[Casehardened]

Hi again, and thanks for clarifying.

The fact that your daughter made the allegation makes it tricky in that undoubtedly you would have been alone with her at some time and therefore had the opportunity to commit the offence. The prosecution will argue why should she make this up if it is not true so you would have to show a motive for her to do this now, sometime after the offence was alleged to have occurred (as you mentioned ex-wife, presumably your daughter now lives with her)

If the only witness to the alleged offence is your daughter, the likelihood of a charge will come down as to whom the CPS consider to be the most credible witness in the eyes of a jury.

The repeated bails are hell (been there, etc) but you could usefully pass the time by jotting any possible motives and any possible character failings in your daughter to make her say this. I know this goes against the grain as one instinctively wants to protect ones daughter but you may be fighting for your freedom and you need to highlight her faults: does she tell lies about other things?; is she attention seeking? Is she trying to contact you now?

If there is anything significant it may be worth discussing with your solicitor as to whether you should tell the OIC now, it may influence the CPS in their decision.

Feel free to discuss your concerns on here, many of us have also been through the mill, but try to concentrate on the positives; you've not yet been charged or remanded.

PS I'm not on my home PC at the moment so won't be able to post again till tomorrow

[Saffron]

Just to mention that I have moved this thread from the "been raped?" forum to the FA forum.

[motorman]

Hi again, and thanks for clarifying.

The fact that your daughter made the allegation makes it tricky in that undoubtedly you would have been alone with her at some time and therefore had the opportunity to commit the offence. The prosecution will argue why should she make this up if it is not true so you would have to show a motive for her to do this now, sometime after the offence was alleged to have occurred (as you mentioned ex-wife, presumably your daughter now lives with her)

If the only witness to the alleged offence is your daughter, the likelihood of a charge will come down as to whom the CPS consider to be the most credible witness in the eyes of a jury.

The repeated bails are hell (been there, etc) but you could usefully pass the time by jotting any possible motives and any possible character failings in your daughter to make her say this. I know this goes against the grain as one instinctively wants to protect ones daughter but you may be fighting for your freedom and you need to highlight her faults: does she tell lies about other things?; is she attention seeking? Is she trying to contact you now?

If there is anything significant it may be worth discussing with your solicitor as to whether you should tell the OIC now, it may influence the CPS in their decision.

Feel free to discuss your concerns on here, many of us have also been through the mill, but try to concentrate on the positives; you've not yet been charged or remanded.

PS I'm not on my home PC at the moment so won't be able to post again till tomorrow

hi to you all before all this happened we all were together in the same house an argument broke out due to massive lies by my daughter and son ,yes my daughter is a very big attention seeker and this is suposed to have gone on over a period of time, always been a very happy child and we have always got on well, done well at her schools, loads friends. She started posting things over the net as if nothing happened the same with her mom and brother,but the things over the net have been going on for some time and this is just a ploy to get me out of the house.
so they can do the stupid things they are doing.only questioned for 20 mins on both allegations over six and a half months that i have been on bail,no charge when do i take what proof i have in what they are doing and writing to the sol so confused and hurting real bad thanks

[Casehardened]

Hi again,

Can I hazard a guess that your daughter is around 14; this seems to be the age that girls realise what power they have over men, either by flirting or by accusation. Undoubtedly they learn from the net or the media how seriously an accusation of sexual assault is taken, professionals dealing with teenage girls will never allow themselves to be alone with them for a instant, but parents don’t have that luxury or indeed see the necessity.

Anyway, back to your situation: regrettably there is not much you can do other than wait for the CPS to come to a decision, though you can take some comfort in the fact that, if there was absolutely no doubt about the case, you would have been charged by now.

In my case the time delay actually helped, though it didn’t seem so at the time, the girl kept making silent phone calls (presumably to check if I was locked up yet) and then, to move things along, made further statements to the police. These were so patently absurd and so easily disprovable (she alleged violence & attempted drowning, cable-tied to the bed & door chained up, forced her to take drugs, raped her by the side of the road, etc) that it was obvious to everyone concerned that they’d been lifted straight out of the pages of pulp fiction.

As you have noticed your daughter seems to have quickly returned to normal, however once the police/CPS machine is rolling, it can’t be stopped, even if the girl retracts her statement. This is why it is helpful to gather ammunition: does she often get into arguments; will she accept verbal discipline; has the attention seeking been medically diagnosed; anything like this. I found it helpful to write everything down , and I passed anything detrimental on to the OIC. I also did a lot of research on the net and asked some relevant questions, anything to establish I would make a good witness and the girl would not. Incidentally I was on bail for 9 months before the NFA descision was made.

[motorman]

thanks for the speedy replies it easier knowing that there is other people out there going through what im going through and the help and advice is very greatful.my daughter is well over the age of fourteen to what has come to my knowledge lately all this has been planned and cohearced for a long time. verbal discipline from me has most of the time worked but very reluctant with her mom.she hasnt been to the doctors for the attention seeking to my knowledge she doesnt get into arguments as such always has been a very happy girl and school reports are excellent,she has always been a drama queen but has also been able to have plenty of laughs and jokes with all the family.however there is certain aspects which i dont feel comfortable divulging on here.many thanks for your help it is greatfully appreciated
PS out of curiosity what does OIC mean please

[Casehardened]

however there is certain aspects which i dont feel comfortable divulging on here.many thanks for your help it is greatfully appreciated
PS out of curiosity what does OIC mean please

This forum is viewable by anyone including the police so it is better to not post specific details which might be identifiable.

OIC is Officer In Case, i.e. the police officer with overall responsibility for this investigation so probably the one who arrested and interviewed you.

Some have had bad experiences with the police, however I took the view that they are just doing their job and treated my OIC as an equal professional and with courtesy and respect (this was easier as she was a very attractive girl, younger than my daughter)

I didn't pester her with phone calls, but got her email address, and regularly updated her with all the discrediting information about my accuser I could get hold of (e.g. she repeated the accusations to most of my friends & even put it on her facebook page; a genuine victim is unlikely to do this, something both I and the OIC were aware of)

Over the months we developed some sort of connection,with tea on the sofa when she came round to see me, and while she was perfectly professional in her dealings with me, she told my solicitor & family that the girl "was tripping herself up" and I am convinced she played a part in getting the case NFA'd (more slang: No Further Action)

Hope all goes well for you, as you say, it's comforting to know that you are not the only one to have gone through this.

Any time you need to 'talk' this forum is always available.

[motorman]

i do not have any contact with them as the police took my phone and dont have there phone numbers and they havent contacted me, as for the oic i find him not very helpfull as every time i phone him up he tells me im breaking my bail conditions that i need to get another sol involved and he is of no help either so play the waiting game. kind regards

[Casehardened]

My solicitor wasn't much help either except in a negative way! After my first bail date resulted in a rebail he seemed to lose interest. I was disconcerted by this at the time, but now I guess that his experiences were that, if the accused wasn't charged quickly, the case was likely to be NFA'd.

Unless you're paying your solicitor privately, they only get paid for attending the interview or if you get charged, hence the lack of enthusiasm

Having said this, it's better to mentally prepare for the worst scenario, then it won't be too much of a shock

[LS]

Sorry to interject, my apologies if this thread had been moved to the wrong forum. I wondered why I couldn't find it again after I'd moved it.
Thanks Saffron for being on the ball.

[motorman]

hi i would like to know should my matter get nfa,d would it be done at the police station or at a court ive always been a good dad to my children they have always had a good life,i just do not understand what is going on anymore my head is so messed up,i cant sleep and it is making me so ill to think that she is doing this to me.please help

[Saffron]

Hi Motorman

An NFA is usually done at the copshop when you answer bail. However your sol will sometimes know what is going to happen and can advice you before you answer bail.

Good luck.

[largactyl1]

Hiya, this must be terribly conflicting for you - loving your daughter but hating her actions. I really hope it is resolved for you, and at some point some trust can be re-established with your daughter. I really feel for you.