Accused of rape sol advice

[disbelive]

Hi slept with my ex back in October and had me arrested for rape. I was released without charge for 3 weeks. I was then rebailed for a further 5 weeks without any explanation. I changed from the duty solicitor to another company as i felt like i wasnt getting help. The solictor i changed too is not helping either all i get told is there is nothing they can do. I see on the forum that you should have a specialist sol. I am unsure of who is any good and FASO do not know of anyone either. Im in Northamptonshire does anyone know of a good one. Thanks

[allatsea]

Welcome to the site but sorry it is under such circumstances. I can't really offer any practical advice, but it seems from our experience (our son was accused in August and we are waiting on a decision whether to charge him from the CPS) that solicitors can't do much unless/until you are actually charged as they have nothing to go on - not given any details except your statement. I'm afraid it is playing a waiting game, which we all know is torture for everyone. the wheels of 'justice' turn slowly.

Someone will be along soon, I'm sure, with some more practical advice such as a sol local to you. Keep strong,

allatsea

[disbelive]

Thank you for a reply at least i am going throuh many mixed emotions at the moment and some days are better than others. I will check back soon to see if any practical advice has been left.

[Shatteredhusband]

Sorry to hear that you find yourself in this position. I was falsely accused by my wife three and a half weeks ago. I know exactly how you feel. This waiting game is killing you. I also switched solicitor. FASO were able to recommend another firm. As I understand it they are only paid if you are in custody at the police station or after you get charged. For this reason they have little incentive to do anything. You could consider engaging them privately and they may be a bit more proactive/responsive. This is what I have done as I need to feel that I have done everything possible to avoid getting being charged - unfortunately as I have read a little thing like innocence need not prevent this.

The second problem for the solicitor is that unless you are charged they have little information to work with. After a charge all evidence for and against will be fully disclosed.

I have been through the full gamut of emotions and yes there are good days and bad days. Mostly for me there are terrible nights where I can't sleep and no appetite. I suppose I will be a lot slimmer after all of this, which is probably the only positive bit.

First thing that I think you need to do is to work out why your ex has accused you of this. It's easier to convince the police/CPS shehaslied if you can give a convincing motive for her to do so. Is she involved with someone else and needed an alibi, is she mad at you for some reason, sympathy/attention seeker,monetary gain (with compensation), did you get divorced and she wasn't happy about settlement or custody? You know her better than anyone so if you can't work out why, the police will struggle.

Secondly you may have done this already but write down every detail about the allegation and put it in a timeline this may help jog your memory of things which may prove your innocence.

Do you have any texts or Emails suggesting that the sex was consensual?

Sorry I cannot advise on a good solicitor but I am sure that someone will be along soon to help in that area.

Good advice from others has been to keep busy. I went back to work today for the first time and the day positively flew in (compared to previous weeks).

Goodluck, you made a good move coming on here. They are so supportive, understanding and full of great advice.

Best wishes
SH

[disbelive]

Hi thank you for your advice. Especially the bit where you listed out possible motives. My ex is prone to just about all of your list. She was seeing someone else, told me also a month or 2 before she would do anything for money. I have a daughter with her who i now cant see and her son from a previous relationship has nothing to do with his dad. I believe she made an alleagtion agasint him of a assult but i cant be sure.

[Rights Fighter]

You can set your profile to receive email alerts if anybody answers your threads and any threads that you subscribe to (write on). This is usually done as a default setting so if anybody replies then you should have a notification by email.

Shatteredhusband is correct - if you have not yet been charged then funding will not kick in until then. There is no reason for funding to kick in before then as no paperwork is released by the police (and Crown) until then.

Keep coming back as you will get support from people on here, in the meantime.

[disbelive]

The police have my phone and the txts can be taken either way some are good for my case some may not be good.

[Rights Fighter]

Why are some not good for your case?

[disbelive]

well my ex 1st started the sexual talk by txt but also went back on what she first put. Im not sure how they can be taken txts are easily misinturpted

[disbelive]

the biggest part i dont understand is why the investigation takes so long im finding this bit the most draining experience of my life!

[Shatteredhusband]

During the interview did the police put any facts to you which were obviously false (besides the obvious). If so can you think of anything which would disprove them and corroborate your version.

Do you know her previous partner? It sounds like there is no love lost between them now, he may be able to tell you if the allegation made against him was false. Your solicitor may then ask for a second interview to provide further evidence. I understand that the CPS should have a transcript of your interviews when deciding upon charging this may be the best way to ensure they have this information before deciding whether to charge.

The reason it takes so long is the processing of the mobile phones, any DNA evidence can take up to a month. There may also be backlogs for both of these adding another month or two. The CPS may also direct the police to seek further evidence if their case is insufficient to charge.

I know how you feel. It's really hell but try and hang in there.

[disbelive]

Yes there were 3 things that she said that were total lies and i was asked about them. Also it was disclosed to me there was a lack of evidence such as no bruising or signs of force.

[disbelive]

thanks for all the advice tonight ive been inspired quite alot. I think i will take a short break away and gather all my thoughts on paper with some of the ideas you gave me. Im still not sure about a solicitor in my area so if anyone does find one please let me know thank you