Falsely Accused of Historic Sexual Offence

[PBY]

All,

I am new to this forum but any help or advice is greatly needed.

I was informed approx 5 weeks ago that allegations had been made against me relating to someone in my ex's family. I am going through a very messy divorce and was just about to apply to family court for a residence order for my children but the day after I told my ex wife this a member of her family went to the police.

The allegation that has been made relates to things that apparently happened at least nine years ago. The same person has made an allegation to me before approx two years ago but it was not taken to the police. Instead I told everybody she made the allegation including my employer, I was able to provide this evidence to the police.

I was interviewed under caution but I have never been arrested and I am not on bail. I find this slightly strange considering that not only are the allegations related to a child but also the job in which I do brings me into direct contact with children. The police know this.

I have spoken to the DC on numerous occasions and he has informed me that I will get a decision in the next few days, the case apparently has not gone to the CPS yet, I am obviously hoping it will be NFA'ed.

He did tell me he would be speaking to me after speaking to my ex and the family member, would anyone have any idea why that would be?

Also does anyone also find it strange that I have not been arrested or bailed?

Can cases proceed to court just based on one word against the other. It might also be worth mentioning that the person who has accused me actually didnt even live in the UK back then and continued year after year to travel over to our house and come on holiday with us, this person even lived with us for 18 months only a few years ago.

Any thoughts would be welcome.

[Casehardened]

I was interviewed under caution but I have never been arrested and I am not on bail.

Can cases proceed to court just based on one word against the other.

Historic cases can be prosecuted simply on the word of the complainant (there may no corroborative evidence or forensics so could otherwise not be taken to trial)

If you read other threads you will appreciate it is unusual not to be arrested; hopefully this means that the DC has some doubts about the motive behind making the accusation at this time (no doubt you raised this point during your interview!)

[PBY]

It is also worth mentioning that the DC has also said that he cannot support supervised contact with my kids for my own protection. That leads me to believe what he is thinking.

My ex wife went back to court within a week of the allegation being made against me and suspended my contact order saying that I was a risk to my kids.

The police confirmed that they had not released any information about me to her but she knew everything about the allegation. I could also prove that My ex wife knew about the allegation before I went to court to get a contact order for my kids in November 2010, she never mentioned anything to the court.

I only hope that the police see this for what it is, I still cant believe that after five weeks I have still not been arrested or bailed!

Any further thoughts would be appreciated.

[quinnb]

On what grounds are u seeking residence order. It is nigh on impossible to get one u know the courts nearly always back the resident parent. Be interested to see what legal advice u been given. Also if it goes to family court finding of fact they don't require criminal beyond all reasonable doubt they go on balance of probabilitys be carefull. Also assume cafcass involved. Tread very careful over them.

[Rights Fighter]

If the complainant lives out of the country this may well be one bar to her having doubts about this going anywhere as she would have to return to be interviewed and for any trial, should there be one.

Not everybody is arrested prior to interview. There have to be certain certain conditions for arrest, one of which is to allow for prompt interview with no chance of absconding. It would be probably be difficult to have a face to face meeting with the accuser so he can't really be accused of trying to intimidate her (unless it's via MSN or similar which has not been alleged).

[PBY]

The complainant is in the UK. I find myself six weeks down the line without an answer as to whether it is going to the CPS or not.

Everyone is telling me not to worry but I find myself worrying as to why it is taking so long to decide my fate.

In family court on Monday and I am not looking forward to that, just to get some form of contact with the kids would be good, she has not taken them from me three times in eight months.

Can you really be taken to court just based on one word against the other? Surely there has to be some evidence to back it up. In my case the accuser didnt even live in the UK and kept coming over on holiday with us, why would that person do that if I was this horrible person? Why also would this person then want to live with us years later?

Any info appreciated and thanks for the replies so far.

[worried123]

How did you get on at the family court? Was the allegation raised, as you have not been bailed or charged?

[Rights Fighter]

JillyAnne, if you post up on a new thread then members can answer your questions and offer support rather than taking this thread away from the OP.

[PBY]

Thanks for the replies.

I didnt get on well in family court, the judge awarded indirect contact but that is all he could award in the circumstances. I am going back to court in six weeks and he has allowed me to send a copy of the court order to the police, he wants them to hurry up basicially as he said the kids are suffering harm in not seeing me.

I am still a little confused that even after seven weeks i still do not know what the police are going to do. I am still working and do an extremely responsible job which I thought they wouldnt let me continue to do.

Is it unusual not to have been arrested and bailed? My barrister at family court said that she was amazed they didnt bail me with at least a condition that I didnt contact my ex or her family. Also no specific details were put to me in interview about the allegations such as what I am meant to have done and where, should I not have been asked to comment on things such as that or can I expect another interview? Do people go through multiple interviews normally?

Any comments helpful and to anyone else going through this I hope it works out for you all.

[quinnb]

Very confusing but at least u did not get ripped to pieces in family court. What does mum say about your contact. Is she opposing it or recognizes you are daddy and have rights to see kids. Also this must be costing you fortune have u thought about representing your self.

[PBY]

She told me yesterday that she will do all she can to stop me seeing the kids. She called me a peado in court on Monday so I think she will continue to use this against me even if no police action is taken against me.

She has already broken the court order that I got on Monday, I have no doubt I will have a fight on my hands.

I am still confused as to why I have not been arrested or bailed considering the seriousness of the offences.

[quinnb]

Yes that's the trouble you are paying fortune for legal rep. So she can break court orders knowing what it will cost you just for her to get slap on wrists. In theory for persistently breaking them she can be sent to prison. What contact do u want with your children going forward and yes she holds the cards as well as most of the legal power. But in the end you will get contact just keep your head down. I am not sure if it is a good idea to have any contact with her though. You are just opening yourself up for more allegations.

[worried123]

Hi, I am sorry you are in such hassles. As soon as your ex breaks a court order, you must go back to the court and ask to have it looked at straight away. Ask for a Penal Attachment to be placed on the court order. We all know a judge is not going to send your ex to prison but it might focus her mind if she has to wear a tag or do community work. It also makes it apparent on the record that she is awkward.

Good luck with the rape allegations, hopefully these will go away soon so you can continue to try and see your kids.

[PBY]

Just a quick update,

I am still awaiting a response from the OIC. He is on leave until next week and has been for the last ten days.

My ex wife has now decided to ask for money/car off me. She phoned me approx ten days ago asking for money which I simply couldnt believe considering what she said about me in family court! Strangely she then allowed the kids to ring me on that very same day, I think it is just emotional blackmail but I have stood firm and not given her any money. I assume I am right in thinking it would not be a good idea to offer cash/car to someone who could potentially be involved if things went the worst way and this whole thing went further?

I have found out that the worst thing is the waiting, not least because I have not even been arrested. Does anyone have any opinions as to whether not being arrested is a good thing or bad thing? I ask because I saw a criminal solicitor on Friday and he said if I had been arrested I would have been bailed and at least that would have given me a return date.

I still think positive and cannot believe that the OIC would go on leave, my case would effectively be gathering dust whilst he is away and at the same time I can continue my normal everyday life, would the police do this if they thought there was anything in the allegations against me?

Also does anyone have any experience of not being arrested or bailed and then being charged? I ask because worst case I dont know what to expect if the worst happened.

I know that the OIC spoke to my ex wife and the supposed "victim" on the last day before he went on leave, I was told this by my ex wife, anyone have any idea as to why he would want to speak to both of them and not me?

Anyway all the best to everyone, things can only get better

[Rights Fighter]

You cannot be charged without being arrested first - is my understanding.

Make notes of everything your wife is doing now including requests for money, etc, and allowing you to talk to the children.