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  • Any advice would be gratefully received

    Firstly I would like to just say a huge thank you to everyone who has set up and continues to support people like me who have been falsely accused of such a terrible crime. I do not feel that I could have been accused of anything worse and the more that I have read, this is one of the few crimes where a conviction can be secured by the testimony of an accomplished liar (a real worry in my situation). I have read so many of these posts over the last two weeks and can really sympathize with so many who have been affected by FRA's but I have not so far come across any marital rapes being discussed.

    I was arrested at my work over two weeks ago. I could not believe it when the police officers told me that my wife had made an allegation that she had been raped by me and claimed that this had happened episodically over the past couple of years of our marriage. My world was turned upside down. I was arrested on a Friday afternoon at 13:45 and spent 29 hours in custody. The duty solicitors were both good and although they are paid to believe me I feel they really did realize how justice was being perverted. The police also seemed very reasonable. Almost all of the questioning was background related to my son who is disabled and my wife who is alcoholic (inpatient detox. twice, lost her licence, could tell lies for Britain). We covered our relationship from first date to this year including a very detailed examination of our love life. In only the last twenty minutes was I questioned about the allegations themselves. This surprised the duty solicitor.

    The disclosure was minimal but the only alleged date was the night of 23rd October. When I saw this I thought great she has made a huge mistake with her lies as I was in Barcelona from noon on the 23rd. The police said that the date was correct but it must have been before I went. I was at the airport for 04:45 and left home at 04:20. It still sounds incredible that I would somehow get up earlier than absolutely necessary to carry out a rape. I told the police that we had not had sex on the 23rd and when questioned also not on the previous night.*

    Throughout my trip To Barcelona I received texts from her telling me how much she missed me and that she wished she was there with me (even acouple of hours after i had left) also how she couldn't wait until I got home. The night I arrived home we made love and the police confirmed that she had told them we had had consensual sex that night.

    What precipitated it:

    The evening before my arrest I was called at work by my wife. She was drunk and abusive. I cancelled my meeting and came home to find my son in the kitchen surrounded by broken crockery and my wife upstairs in his bed. She did not get up for four hours. I told her that I wanted her to leave as she could not afford to live in our house. I wanted residency and custody for my son so that I could protect him. I had suggested this before.

    Motive?

    I thought why would she do this when I was arrested and was able to tell the police:
    She knew that I seriously wanted to leave her this time (told her several times in past eighteen months to two years) (corroborated by One of my son's carers on night of races)
    She would lose her lifestyle (house, financial impact and support for childcare etc.)
    She still wanted to be married to me (evidence in letters and cards also texts even after alleged event)
    She has a psychiatric illness (recent intervention of the Crisis team in august as she was suicidal)
    Texts and statements that without me and our son her life would not be worth living (even whilst I was in Barcelona)*
    She is an alcoholic
    Possibly she also felt the need to compensate for or explain away some personal failings; alcohol, inability to cope with our son or life in general. Threat of divorce and a real concern that her failings would dramatically hinder any child custody case. Possibly an attempt to level the playing field or because she felt backed into a corner with few realistic options of success. Getting me "off the scene" certainly appears to be strengthening her case with social services right now.*

    It seems that my wife's alleged rape solves so many problems for her unlike the unfortunate real victims of rape who face many new problems.

    For the last couple of weeks I have taken time off work but have been asked to come back from Monday. My boss knows of the false allegation and has been surprisingly understanding. I have been living in hotels and am trying to rent a property. My family have been fantastic especially my parents.

    The OIC told me that I would go through the full range of emotions. On Sunday I was almost suicidal but strangely I have improved gradually since. I would hate to think that I am getting used to it. Tomorrow I am meeting a new Solicitor recommended by FASO.*I cannot honestly face the publicity if I was charged so I am going to try and engage a private solicitor to try to avoid ever getting there.

    I asked a solicitor from the duty firm to contact o2 to get copies of my texts almost two weeks ago but I only got a letter today saying they had now written. The mobile phones I understand will take months to analyse (due to backlog - apparently every criminal now has at least three or four - obviously mobile phone analysis is a good business to get into) and they had not even sent the phones off at the end of last week.t

    A couple of questions:

    Does anyone know how long it takes to get texts back from o2 court liaisons?
    Can I provide my own evidence to the police for consideration by the CPS? I am starting to realize that their main role is to build the prosecution case.
    When will they tend to interview my wife again as I am sure that she will find it difficult to remember all of the details which they will have asked her about?

    I appreciate that my circumstances are a bit different to those other cases I have read. No forensics, no issue of consent for the only date provided as no sex took place. I was made homeless (whilst she is living in our luxury home) by the allegations and social services have sent him back to his mum from respite care. Apparently she is sober having been drinking two bottles of wine per day for the last few months. I have no restrictions on my bail and although I have to call to arrange it there is no restriction in my access to my son.

    Any advice or support would be very gratefully received. Thank you. * *

  • #2
    Hi there,

    I'm really sorry you have had to find your way to this site. I can't help with the legal side of things (we are living with a false accusation against our son. File with the CPS now) but just want to say that you've come to the right place for support. I wish you well and the right outcome,

    allatsea

    Comment


    • #3
      Hi Shattered Husband. I am so sorry that you have had to find your way here. Making these false allegations is a hideous crime on so many levels. I never knew that it went on until A. was accused by his long-term (now ex) partner of the same thing. The woman in question is also an alcoholic (and has a Personality Disorder) and I really think that repeat questioning by the police will be her downfall as it sounds like it could also be for your wife.

      I know very little about the legal side of things but it sounds as if you have a good head on your shoulders. People here will be able to answer your questions.

      Best Wishes

      Jen
      False Accusers Beware: You have chosen to dine at the Karma Cafe. There is no menu: you will just get what you deserve.

      Comment


      • #4
        Originally posted by Shatteredhusband View Post

        A couple of questions:

        Does anyone know how long it takes to get texts back from o2 court liaisons?
        Can I provide my own evidence to the police for consideration by the CPS? I am starting to realize that their main role is to build the prosecution case.
        When will they tend to interview my wife again as I am sure that she will find it difficult to remember all of the details which they will have asked her about?
        If you wanted to put some more evidence forward, I think the way to go would be for you (or your solicitor) to request a second interview with the OIC. This would formalise matters, put your evidence on record, and ensure that the CPS took into consideration what you had to say.

        If you then put forward fresh evidence which contradicted anything she had previously said, she may well be interviewed again to provide a response to this. (as you rightly say, they are trying to build a prosecution case so any further interviews will be to try to strengthen this rather than undermine her)

        I'm so sorry that you've found yourself in this position and especially that you've had to move out of your house, this make it so much more difficult to organise your defence.

        Well done therefore, for picking yourself up and coming out of your corner fighting, so to speak!
        'What doesn't kill you makes you stronger'

        Comment


        • #5
          Thank you all for your kind comments. I am still struggling with a lot of this. I haven't had a decent nights sleep since and just eat because my parents nag me to but I just don't enjoy anything. This false allegation occupies my mind all of the time. If I knew any details, I feel at least I could point the police to some evidence that would show she is lying, but as I said the disclosure and even the bit of the interview relating to the allegations gave little away.

          I honestly cannot believe that anyone would be capable of making up such a terrible pack of lies. My wife has been an alcoholic for years now. She had a six month affair with the partner of her best friend and was such a convincing liar that she would get me to apologize for even suspecting her. When she was caught she told me that she was drunk the first time and then he blackmailed her after that. She said sometimes she would refuse and clearly say no and he would ,force himself upon her. I was horrified and said that we must go to the police but she refused saying she knew it was rape but she just couldn't face telling anyone else. I still ŵanted a divorce so then she told me that she was sexually abused as a child by a family friend. I know she was a compulsive liar but even I thought there is no way she would make something like that up. Following these allegations against me, I am no longer convinced about anything she said.

          Last week I said to my parents that I wish I hadn't said anything when I came home to find my son being neglected, but they are right this is just the latest in a series of episodes where her drinking has put our son who needs one to one supervision at risk.

          I am trying to rent a house, get back to work and see my new solicitor today. This is going to be a terrible Christmas as my bail date is set at 19th Jan.

          I have read so much and realize this will affect my enhanced CRB even if they catch her or she starts drinking again and her lies come tumbling down like a house of cards. I had dreamed of taking my son to Disney World and had booked a villa in Florida for Feb. I now realise that I will need to declare an arrest for this crime on my Visa application even if the police ultimAtely prove this was a false allegation.

          I am trying to cope but often I just feel that my wife (whom I have given so many chances against everyone's advice) has truly ruined my life. The injustice is killing me.

          Thanks again for the replies.

          Comment


          • #6
            welcome

            Dear Shatteredhusband
            glad you found your way here but not the circumstances. I can't advice you on anything legal, others are better qualified than me. You must be feeling devastated, the mixture of emotions you are going through must seem overwhelming at times, this is quite normal. If you find you are not sleeping or eating maybe a trip to your GP is in order. Somehow you have to keep a level head, and yes that is going to be hard. Take advantage of all the support you can. thinking of you

            Comment


            • #7
              =A couple of questions:

              Does anyone know how long it takes to get texts back from o2 court liaisons?
              Can I provide my own evidence to the police for consideration by the CPS? I am starting to realize that their main role is to build the prosecution case.
              When will they tend to interview my wife again as I am sure that she will find it difficult to remember all of the details which they will have asked her about?

              I appreciate that my circumstances are a bit different to those other cases I have read. No forensics, no issue of consent for the only date provided as no sex took place. I was made homeless (whilst she is living in our luxury home) by the allegations and social services have sent him back to his mum from respite care. Apparently she is sober having been drinking two bottles of wine per day for the last few months. I have no restrictions on my bail and although I have to call to arrange it there is no restriction in my access to my son.

              Any advice or support would be very gratefully received. Thank you. * *

              Hello There,

              I thought i would give my feelings on how you asked about going to the Police with additional info.

              When i was on bail for my offence, It was my human nature that I wanted to do all I could to gather evedience and information that would firstly help my case and cause her to be dis-credited.

              I remember my Solicitor stating to me to have as little contact with the Police for the following reasons.

              You go to the Police with Evedience that helps you, this will give them the chance to build the case around what you have, and if it goes to Court this additional evedience could be used against you or deemed that it cant be produced.

              I would gather all the info you can, be aware that the Police can try to cease this, so i would not even make them aware of it, provide this to your solictior and keep a copy, not on your computer, give it to a loved one.

              This way if the worst happens this evedience could potentially help you and your case.

              When the Police took my phones, it took them approx 6 weeks to obtain the information from the phone. I was amazed that images of my daughter that had been deleted and pics of my girlfriend were brought back up. I was grilled deeply about this.

              I understand that from speaking with my mobile service provider, that they have a department that the police contact requesting info from your mobile account, this contains texts messages and calls.

              Sometimes the Police can have GCHQ monitor your phone and texts.


              Reference the Police interviewing your wife, she will be interviewed and a medicial will be carried out, I understand that the Police do grill the victims and do there best to make sure that its not a false claim.

              I also am aware that People will say the Police are bent and so forth. Yes there are rotten eggs within any agency, but speaking about the officer that dealt with me, he was firm, polite and did give nothing away, but he did his job and treated me with respect and was fair.

              You will have all different emotions happening good days and bad days, but please from my own heartache enjoy the real world, be around thoses that care and keep busy, I found my work helped me, although just before bail about a week before, i went to bits and started to crack.

              Many people on here really have been through the mill and do fully understand how your feeling, we all cope differently and handle it in our own way, be strong and dont be afraid to come and post back on the site for support.

              All the best Gareth
              Last edited by gareth589; 17 November 2010, 10:51 AM. Reason: my spelling is so poor

              Comment


              • #8
                Thank you Gareth and Witsend. Your advice and support is very much appreciated.

                The advice in relation to the police seemed very sensible. I am seeing a new solicitor recommended by FASO today and will take their advice.

                My experience of the police has also been positive. Almost 30 hours in custody, I suspect this may have been to allow my wife to sober up and give a statement. Our son was taken into respite care by social services at the time. My wife had drunk at least a half bottle of wine when I spoke to her at 10:30 am before I was arrested. Her last text to me said "please be merciful". I thought this odd at the time but thought she meant she was sorry about putting our son at risk the previous evening. I spoke to her last about 1 pm and her last words were "I love you". I could not bring myself to say it back so she repeated it several times and told me that she would cook me the pasta she had planned but was unable to cook the night before. She knew even if I did not that I would be in police custody in forty five minutes.

                I did try speaking frequently to the officer in charge who has been polite and seemed very fair but as you say he does not give much away. Entirely professional. I hope that he is able to uncover her lies.

                Thank you again for the support

                Comment


                • #9
                  I do fully understand your feeling and host of different emotions. The words that she tell you she still loves you adds insult to the wounds inflicted.

                  My advice with the Solicitor is they may seem to be doing little while on bail, this is down to Legal Aid not kicking in till charged, if you want a more call it pro active approach where your on the attack, you will have to pay for this, A guide my legal bill for a solicitor at the station x2 and approx 8hours of telephone work cost me £1300.00.

                  Try and enjoy the day and get out in the sun, even if walking, thats if your not walking. Beeing out really does the world off good.

                  Comment


                  • #10
                    Great advice from Garethh re: passing evidence to the police, he's absolutely spot-on. By all means gather this evidence (it will help you psychologically as well as practically) but make sure you give it to your solicitor or to a friend to look after. The police could seize your computer or phone at any time.

                    Stay strong. For some of us the absolute worst happened. But we are still here.

                    Comment


                    • #11
                      Thanks again Gareth for the advice. I did get out and feel I can start facing people again. Amazed that I even laughed at one point today. I spoke to my boss and I am going back to work on Monday. It will be pretty hard but I know I have to face it. Anyway I hope that I can have something else to think about because this is occupying my thoughts 24/7 and all the time spent on does not seem to bring it any closer to a resolution.

                      I am going to engage this new solicitor privately as I cannot bear the thought of being charged for this false allegation. Not sure how productive it will be but at least I will feel like am doing everything that I can.

                      I am still pretty messed up but I am starting to cope. Hope to get the keys for a rented house on Friday. So another step forward. Somewhere to take my son when i can see him after school instead of Costa Coffee and wandering around the shops.

                      Saffron, Thank you for your support. The police already have my two phones, three computers, two ipads, two iPods and assorted gadgets. I appreciate that they can still come back to take my new phone and iPad. I would also like to say I appreciate how hard things have been for you and your family. A month ago I would not have realized just how common these fall allegations can be and just how destructive they can be for everyone affected.

                      Looking on the bright side (if there is one) at least this should be the catalyst for me to finally move on with my life. The last couple of years have been absolute hell. I guess I just kept telling myself that things would get better. My wife would get sober. We could have a normal life as a family. Even after everything i still loved her but now I realise that we could never be alone in the same room again for fear on my part of what I would be accused of next. Most divorced couples can still do things as a family for the sake of the kids especially at Christmas, but even when all of this is over there is no going back to anything approaching normality. On Sunday I was almost suicidal (better today). At that point I missed her so much even after everything that I was searching for an excuse to forgive her and give her another chance. Even when your head tells you what must be done, even when someone has treated you worse than anyone ever should, its still hard to say forget about our fourteen years together and move on.

                      So thank you again to everyone.

                      Comment


                      • #12
                        Casehardened, thanks for your advice. My new solicitor will be approaching the police to ask for a second interview. He will put it very positively saying that we may be able to provide further information during an interview which will assist the police in arriving at the truth. This may reduce the amount of investigation that will be needed on theirbpart. It hopefully will allow us to understand some more of the details of these false allegations. Without any real detail it is very difficult to know what evidence we could identify which would show these allegations are false.

                        Thanks again

                        Comment


                        • #13
                          Gareth,

                          You mentioned two visits to the station. How long after arrest was your second interview or was it a bail date?

                          Eight hours of telephone work was that because you couldn't visit the solicitor face to face? Or was this to do with building some defence or interviewing witnesses?

                          Sorry about the questions, the unknown, the waiting and feeling of helplessness are so difficult to cope with.

                          Thanks

                          Comment


                          • #14
                            The first interview is a nightmare, the trauma of being arrested precludes putting up a decent performance and you are inevitably on the defensive all the time.

                            Now you have got over the shock you can prepare for this second interview as if it was an exam. There is no reason why you shouldn't politely question the OIC regarding the allegations, he may of course exercise his right to silence but simply asking the right questions may concentrate his mind regarding your wife's credibility. Think carefully about what questions to ask and jot them down on paper and take a briefcase in with you, this all gives out the right vibes.

                            The CPS will take the OIC's opinion into account so it is important to get him on side and I completely concur with your view that one mustn't treat them as the enemy but as another professional with a very difficult job.

                            Good luck!
                            'What doesn't kill you makes you stronger'

                            Comment


                            • #15
                              Thanks again for your wise words. The first interview was so traumatic. I was worried that I might have come across badly and as things came into my head over the next week or so, I would contact the OIC. He was always very polite and at one point told me that I had made a good account of myself at the time. He did also say at one point that both my wife and I were credible witnesses which worried me that they were being take-in by my wife's very lies which can be so believable (from previous experience).

                              I would still really value another opportunity to be interviewed. I am genuinely concerned that there may be things which she has lied about which I could provide evidence of, if only I knew some more details.

                              He also said when I had previously asked that they had no more questions to ask me at the minute. He also said that they may not even need to interview me again. Do some people get charged without the potential benefit of a second interview? Especially as I said the time spent discussing the allegations themselves in my case was so short (even surprised the duty solicitor).

                              Thanks again for all the advice.

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