Urgent advice needed

[shocked...]

Hello everyone. I have been informed that the CPS have decided to charge me with rape and after my little breakdown, I think its time to get on the offensive; and stop crying of course.

I am currently with Sansbury Douglas and these are the solicitors who I was given when I was first arrested. I feel they are not adequate enough and I would like to hear some recommendations about experienced and proven solicitors in dealing with these types of allegations.

I still have not given my side of the story as I was advised to say no comment during both interviews; I know its only advice and its my choice whether I give my side of the story. Therefore, I really feel that the CPS decision of charging me is a misinformed one and in retrospect, I really wish I had given my side to balance the scales as they rightly should be.

I've been speaking with my mum for the last couple of hours and she has been providing me with some form of comfort. But I still don't understand exactly why they are charging me. We both went to my hotel, we were holding hands, we were talking, we both walked to the hotel room and now they are saying I raped her. I cannot for the life of me work out their logic in deeming rape had occurred. But I am assuming that as I have not given a statement, it is really going against me.

Grrr, I can't help but feel crushed. I honestly didn't think it would go this far and now the worst has happened. I don't know how longer I can go on.

[RFLH]

I'm sorry to read this Shocked - do you know if there was any cctv in the hotel you went to?

[shocked...]

Well I did notice CCTV cameras and it was a travelodge so I assume they do. I hope that the police haven't accidently "deleted" the footage.

[LS]

Hi Shocked, sorry to hear your news. There is one silver lining to the cloud, and that is that because you haven't made a statement the police and cps have no idea what your defence is or what your defence evidence could be.
Many of us have found that when you answer their questions, later in court you find your answers are twisted and used against you.

Be cautious of what you post up here, but use us as a sounding board for ideas. The cctv one is a good avenue. You might also track down witnesses from the hotel, staff etc.

[shocked...]

Thank you for your sympathy. I suppose you are right but I can't help but thinking "what if?"

I will definitely be using the CCTV's to my advantage as I am 100% that they will not be an aggravating factor. I just can't believe I have to go to Court, still trying to digest the bad news. Do police actually read these forums?

[Saffron]

"what if?" is a question that haunts us all unfortunately, both those FAd and genuine survivors.
Yes, plod do read this forum, so be careful!
LS is right - because you refused to comment the CPS will have no idea what your defence will be. Get yourself a good sol NOW and start making notes of everything that might be even vaguely helpful.
Being charged is not the end of it by any means. But you need to get your boxing gloves on.

Good luck and keep coming back

[shocked...]

Aren't Sansbury Douglas a reputable solicitors? I can't seem to find anything on the net about them which is troubling. Can you recommend any solicitors? I am in South Wales but the alleged offence occurred in Bristol; which is annoying as I have to keep going back and forth there.

So saying nothing to the Police is actually a good thing? I don't just have my boxing gloves on, I am theoretically strapped. I just want to go to Court now and finally defend these awful allegations. My mother is actually feeling sick with the news but she is at least on my side and after what I told her, can't believe it has gotten this far.

I know being charged with this is not the end of things, but it really is in essence the end of my career as a solicitor as this will burden my name for the rest of my life; guilty or not guilty. Thats what hurts the most.

[Casehardened]

So saying nothing to the Police is actually a good thing?

I understood that hardened career criminals who actually had 'dun it' were usually advised by their brief to say nothing on the basis that there was nothing to lose by this tactic and possibly something to gain. (as per LS's post)

Twisting this concept round, it may be that the CPS therefore thought you maybe had 'dun it', as per the no comment interview, and hence have charged you.

I'm offering this suggestion as an explanation for you being charged without wishing to depress you further.

Remember that being charged is just a stage in the process and by no means a curtain call.

[LS]

Saying nothing to the police has its good and bad points.

As Casehardened said, solicitors of hardened criminals will advise to say nothing so as to give the police nothing to use against them. Good solicitors will use this tactic. also for those who haven't "dun it", as it too means nothing can be twisted "to suit."

It's not unheard of that you're asked where you were at the time, you have an alibi for somewhere else which you explain, then you get charged and by the time it gets to court the date and time changes to one you have no alibi for. This is the downside to answering questions.

You may be constantly wondering What If? but you could have answered their questions and yet still found yourself charged. I took the view that I had nothing to hide, so answered fully. Worst thing I could have done. because it was twisted against me.

[shocked...]

Struggling to sleep, struggling to comprehend whether this is reality or just a dream. Not only am I fighting these allegations but I am now fighting alcohol addiction; I suppose they go hand in hand. My life seems to have hit rock bottom, yet things can get worse and I fear I may not be able to pull my self back up. At least I do not see death as an option, I suppose that's one upside.

[Shatteredhusband]

Shocked,

Sorry that you find yourself in this position. I too am going through this false allegation mill. I took the view that I would be entirely honest with the police and was interviewed for many hours. People have already rehearsed the pros and cons of the no comment approach.

Either way none of us would choose to find ourselves falsely accused but we do have a choice in how we react to our position. Have you received the full disclosure yet to begin to prepare your defence? Is your solicitor advising that you wait for trial or try to submit evidence to see if it can be dropped before trial?

Losing yourself at the bottom of a bottle may seem like an easy option right now but in the long run you could pay a hefty price. Right now you are gambling with your professional reputation and indeed your liberty. Niether of which can be helped by alcohol. You need a clear head if you are to successfully refute these allegations.

My advice is to chuck out all alcohol and to avoid any temptations. Get a clean sheet of paper and sit down when you are sober to write down everything you can remember about the incident. Go through every bit of disclosure which you possess and where lies can be identified seek where you may find evidence to corroborate them and then think how to secure that evidence. You need a solicitor whom you can trust. I understand that it can be difficult although not impossible to change solicitors following being charged. FASO (you can google them) may be able to recommend one in your area. They should have experience in defending against false allegations of this nature.

This site is a godsend and you will receive moral support and advice in abundance. Others with much more experience than I will be along and may be in a position to provide better advice.

Good luck and whatever you do remember that alcohol is the cause of rather solution to many of life's problems.

[pleasehelp]

hi

my husband is going through the same right now! it has left in a state where he feels there is no point going on! please just keep your head up and stay positive (i no this is far from easy!) but it may help you get through each day until you have heard more.
my husband gave a full statement answered all questions as his solicitor told him too, but i can see why ppl are told to say no comment as it does help them changing your answers which may make things harder in the future, just tell the truth that all i can say. i kind off wish my husband had as her story is rubbish and it may have helped him more! although he is yet to be charged
did you have to return to a bail date? did the officer in charge see you on bail? or re question?
i hope all goes well for you, it is not a nice position for you, completley feel for you x

[Saffron]

Shocked, so many of us know exactly what you are going through. Alcohol is not the answer, although it might seem like it at the time. Alcohol is a depressant and will only worsen your mood. It will also give ammunition to the prosecution - don't hand them your head on a plate.

I can also identify with your "is this a dream" situation. For the first few days after R was sent down I would wake up from my (medication-induced) sleep and for a few seconds I would honestly think that I had dreamed the past 9 months. Then the realisation would dawn that I hadn't.

With regard to the "No Comment" replies you gave, try not to worry too much about it. What's done is done. As others have said, because you didn;t answer any questions, the CPS will have no idea what your defence is, so focus on that as a positive.

Please go to your GP and explain the situation. He/she will honestly not be judgemental, and will be bound by the Hippocratic (sp?) Oath to keep anything you tell them confidential.

I would say that your priority is to get hold of the CCTV footage, as quickly as possible. Some places keep it for months, others merely a matter of weeks. Think of anyone who saw you together who could testify that the girl went with you willingly.

I am glad your mum is supporting you. Never underestimate the importance of friends and family at times like these.

Keep coming back.

[goldfish]

Hi Shocked

I am also sorry to hear you have been charged, I can appreciate the emotions you must be feeling.

My husband gave his police interview voluntarily, thinking it would be sorted out. Like LS the information he gave was misinterpreted and the police pursued their questioning in the direction that they wanted and as soon as they felt they had enough to charge the interview stopped. My husband regretted this badly as he felt if he had said nothing then he wouldn't have been charged.

What the police didn't know was that he hadn't been given the opportunity to tell the whole story, which he at first also regretted, as it would have put a different light on the whole accusation. The prosecution in my husband's case don't know about this and his defence solicitors are now in a position to use information to their advantage.

So I would echo what others have said, staying silent or not may not have changed the outcome but you may have information a good defence solicitor will be able to use to your advantage that the prosecution are not aware of. As Saffron has said, look at it in a positive way.

Look after yourself

[Rights Fighter]

You are best using a solicitor near to the area the trial will be held.

Reasons: Solicitors are not paid to travel long distances (out of their own jurisdiction) on public funding so you could well end up with solicitors agents once at trial.

My favourite solicitor in Bristol is

Ian Kelcey
http://www.kelceyandhall.co.uk/

The website is down at present but contact numbers are visible.