Falsely accused of Gay underage rape 8 years ago - arrested this week - need help

[windmill]

I was arrested last week for rape. when i got to the police station i was informed that someone had accused me of raping them in 2003.

Although i was married i sperated in 2001 and divorced later. I knew i was gay and lived on my own. I did meet this guy, who at the time said he was 16 ( i was 35 at the time) I had met this guy in a gay sex telephone chat line - he had been on this sex line for weeks and he had asked to meet me. He said he had a passport to prove his age.

After been on the chat line for a number of months i decided to meet him. He did indeed bring his passport. We met on a number of occasions. he was also meeting other older guys as he said this was what he preferred. once or twice he brought he friend who he said was the same age. I never had sex with his friend but he did in my house.

I lost contact with these guys probably either later in 2003 or 2004 - and my arrest was the first i had heard of this or him since.

During the police interview they then said that it was acctually the 1st guys mate who had to the police station saying that i had had sex with him. The police then went to his old friend - the guy i met off the chat line - who during the interview seems to have then said "oh and yes he also anally raped me" (referring to myself!)o

It also now turns out they where not 16 but indeed 15

I have been released on unconditional bail for 6 months as they have taken all my computer equipment.

I dont deny meeting these lads - I thought i had made reasonable precautionstolegal make sure they where of legal age - there was no grooming as i was on a gay sex chat line designed for adults to phone up and arrange no strings sex.

While I know that the age difference will horrify some people - i admit to preferring younger (18+) guys and it is quite common for many younger guys to like older guys.

I am a professional guy and unfortunatley as my paid job and voluntary work need a clean Ehanced CRB I have been suspended from both.

I am going out of my mind with worry and wondered what support people coudl give me? it is fantastic that this site is avaiable - thank you!

I guess my specific questions are:

1. what happens now?
2. How do i pick a solititor (I had the duty solisitor when arrested) - is it worth trying to get a gay friendly or specialist one and how would i do this?

3. What else should I do and what help can I get?

Many thanks

Windmill

[Rights Fighter]

A solicitor can't do much to help until after charge (which hopefully will not happen). This is because no paperwork will filter through until the Crown have decided to proceed. Which county are you in? I might be able to recommend a solicitor close by.

[Saffron]

Hi Windmill and welcome.
It sounds to me as though you took every reasonable precaution to ensure that this chap was over the age of consent.
You need to start thinking of reasons as to why he & his friend would now make this allegation against you. Could they possibly have been experimenting with their sexuality and since decided that they are not gay? If this is the case, claiming that their gay experience were "rape" would give them an excuse for their dalliance with homosexuality.
Alternatively their motivation could well be financial - compensation for a rape "victim" is substantial.
I can't help on the solicitor front I'm afraid, but RF really knows her stuff so if you post up which county you live in she may wel be able to suggest someone.

As for what happens next - you wait. For many this is the hardest part, not knowing. If you are charged you at least get to sort out your defence. If you are NFAd (No Further Action) then you just have to try and re-start your life.

I am sure others will be along soon. Thanks for your nice comments about the site.

[Casehardened]

Hi Windmill,

Do you mean that you are not required to answer bail for 6 months? This sounds like the police are going to wait for the computer forensics before deciding whether to charge (as the non-critical examinations take 6/9 months depending on area)

Unfortunately this means a miserable 6 months of waiting though you could use the time to prepare a possible defence: anything to support your belief they were over 16; also any motive for them to make the accusations now, 6 years later, rather than at the time.

[windmill]

thank you all for your very helpful comments. Yes I am not required to answer bail for 6 months while they look at computer forensics.

The issue around the possible reasons are an issue. I know that the guy i originally met from the chat line is openly gay - however his friend as far as I know is now a known criminal and drug addict, living in a hostal. My understanding is they are no longer friends and have not seen each other for a number of years - so this is not planned between them.

I am in the north east of england - Northumbria Police area

[Casehardened]

Yes I am not required to answer bail for 6 months while they look at computer forensics.

Hi again,

For a serious allegation such as rape,the police will certainly have consulted with the CPS regarding charging you, so it would seem that the lad's statements alone are not considered sufficiently strong evidence to charge you. (possibly because the lad who initialy went to the police is 'known' to them)

In the current climate ('Harrier' Harman's legacy) the police are obliged by their own guideines to arrest and interview the 'suspect' whenever a rape allegation is made.

In general, they should prefer charges for any offences as soon as they have collected sufficient evidence to prosecute the case.

In your case it does seem like they are hoping to find corroboration or otherwise of the alleged offence on your computer-(i.e. you might have recorded the proceedings) or possibly trawling for any illegal material.

Whatever happens your life will be irrevocably affected for the next 6 months, but try to stay positive, remember that all your feelings and thought processes are par for this course

[Saffron]

Just a thought....
If one of them is a recurring offender and drug user, he could have fabricated the claim to get out of trouble over something.
I agree with CH. So many rape cases get to court simply on the strength of the accuser's word, so the fact that you have not yet been charged means that Plod don't consider the "victim's" statements to be sufficient evidence. They are trawling through your computer in the hope that they will find something to support the allegations. These could be anything, from photographic evidence of the events to your internet history, any porn websites you may have visited, images downloaded, etc. Essentially they are looking for stuff that will blacken your character - "Look, he visits sado-masochistic porn websites, he must be a bad'un" and so on.
If you have been suspended from your job, killing time will be the toughest thing. If you are really struggling, go and see your GP. Try doing some exercise, clean every nook and cranny of your house, bake a cake, anything, just keep busy. DO you have friends and family who know what has happened and who can support you?

Finally, write down everything you can remember about the times you met these guys. Even the tiniest detail may be significant.

Good luck.

[windmill]

thank you

Dear all

thank you all so much - i cant belive how helpful this site is and the bloggers!

I have no doubt when trawling my computer they will see my history and sites i have visited i dont have a computer from the time i met them so i always suspected it was to see what else i had "been up to".

The police in interview stated that this could be "the tip of the iceberg" and "how many other lads would come out of the woodwork?"

To my genuine knowledge there is no one that i have met underage or against their will -although i thought this when i met them.

thank you again - i am off to bake a cake!

[Saffron]

My understanding is they are no longer friends and have not seen each other for a number of years - so this is not planned between them.

Hmmm. This is interesting. As far as I understand it, the friend was the one who made the initial allegation, and Plod called the other in to take a statement. It may not be planned between them, but sometimes Plod will inform someone they are interviewing that financial compensation running to thousands of pounds is paid to victims of rape. They can also be quite manipulative in their questioning - asking "were you underage when you had sex with the defendant" would lead to an answer of "Yes" which legally means Rape. And Rape means thousands in compo. So, Mr Witness, are you saying that you were raped?
..."Yes".

You will not receive any witness/victim statements until you are charged (if you are charged) but when/if you do receive them, make sure you go through them very very carefully, looking for inconsistencies.

[largactyl1]

Hi Windmill, so sorry you had to find yourself here, but people here know an awful lot and we will support you (even if we know little - like me!)
What did the police mean about other people coming out of the woodwork - does this mean they are trawling for info from people?
I hope you can keep yourself busy for the next few months - what about some voluntary work that does not need CRB checks? And also maybe researching everything you can about your situation - I know this is what I did when Tony was accused and it really helped - although it was pretty depressing to find out how often this horrible False Accusation occurs.
Kind Regards
Jen

[windmill]

thanks - yes i agree certainly doing research is helping although not having a computer now makes it harder to do!

I think the police are trawling through my computer to see if a make a habit of meeting younger underage guys. While i have never hidden my preference for younger men I have certainly never tried to meet boys so while there will no doubt be pornography on my computer i am not aware of anything that would relate to this crime or any other crime for that matter!

At the moment I am suspended on full pay which helps and have a meeting next week to discuss my "options" I work for the NHS so am hoping for a sensible outcome from any meeting with my boss. Just not sure at this point if i can ever face going back to work!

[allatsea]

keep strong. Gay or straight - makes no difference. If you are innocent, and you stayed within the law, then that is what matters. This site is fanatastic for support so stay around. Sorry you had to find your way here. You'll see from previous threads that common sense does prevail and many cases are NFA'd,

allatsea

[friday]

Hi and welcome. I hope we can help support you through this nightmare.

Sorry if i have misunderstood but are you accused of rape because they were under 16 and couldn't consent or because you they say it was against their will? I'm just thinking that it is a very different fight if it is only because of age as you should (hopefully) be able to show you honestly believed they were 16 (e.g. if they state they met you on a chat line for over 16s/over 18s).

There are many people who are falsely convicted of these sorts of crimes but you only have to look at how many people on here have not been to know there are many more that get through it and get the right outcome.

p.s. I approve of baking. It is the best therapy and the NHS should pay for the ingredients

[windmill]

Thanks everyone

As far as i understand it - the guys ex-mate was the fist one to go to the police claiming i had had underage sex with him and his ex mate - the one i met from the telephone chat line. When the police then went to interview this guys mate he then said during interview that i had had anal sex with him against his will. So the police arrested me for the rape and only half way through the interview mentioned his mate who was actually the guy who first went to the police! (from what I understand the first guy is the guy with criminal and drug background so i am assuming they think the rape allegation from the original guy has more chance of going to court - but i have no idea really.

So in essence it turns out they had both been under age

[Casehardened]

so i am assuming they think the rape allegation from the original guy has more chance of going to court - but i have no idea really.

In your initial post you mentioned that you had not had sex with the original guy's mate so I'm guessing that you told the police this. Did you tell them that you'd had consensual sex with the 'original guy' ? i.e.the one you'd met through the chat line (should we call them lad's A & B to avoid confusion?)

If so, this may be why they are concentrating on lad A as, even though the sex was consensual, as he was underage it would be a technical rape (don't be too despondent though, as a good defence to this is that you honestly believed he was over 16, also that he told you he was)