Falsely Accused of Historic Sexual Offence

[Casehardened]

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

RF, I'm sure you're correct, part of the arrest procedure is to give the caution & it would certainly be an abuse of process not to be cautioned!

[Rights Fighter]

Yep it is definite that one must be arrested before being charged.

I am going through trial paperwork for an appeal for somebody else and there is a copper's statement where he says "I arrested Mr R for the purposes of charging him....."

[PBY]

Thanks for the info rights fighter. Is it normal in an interview not to be actually told the actual allegations against me? I was given the partial disclosure but was not told what I was meant to have done, for example when and where. Just thought it was a bit strange that it wasnt put to me.

Ten weeks down the line and still no news but from reading the other posts it seems it can take a while.

Has anyone had multiple interviews? Any info greatfully recieved

[Rights Fighter]

Partial disclosure is quite "normal" at interview.

Sometimes little or no disclosure is made at interview which is when it might be a good idea to go "no comment" as you do not know what you are having to defend. other than that a full and frank interview is usually the best way to go.

Yes, "suspects" can have more than one interview. I've read appeal paperwork where they've had three, four or even five. That usually happens when the police have gone back to the complainant and what the suspect has said does not tie in with what the C has said. Or sometimes the C can "remember" more allegations, or another complainant can suddenly pop up, which requires further interviews for the suspect.

[PBY]

Hi All,

Well I am still living my nightmare and have have recieved no news from the OIC yet.

I do have a couple of questions though which I hope someone may know the answers to.

1. In the job I do I have to travel abroad and the OIC has told me that he has no problem with me doing this, would the police really allow a suspect to travel abroad if they believed he could be capable of the allegations against me? I would like to point out that I returned to the UK on a cruise ship twice.

2. How long do the police have to provide you with a decision? I have read that people can get rebailed numerous times over many months but in my case I have not been arrested or bailed so I have heard that the police have six months from the date of the allegation in which to arrest/charge me, is this correct?

Anyway thanks again for the replies so far.

[felix]

I was arrested not charged but allowed to go abroad while on police bail. It was a very serious allegation....

[Casehardened]

2. How long do the police have to provide you with a decision? I have read that people can get rebailed numerous times over many months but in my case I have not been arrested or bailed so I have heard that the police have six months from the date of the allegation in which to arrest/charge me, is this correct?

I believe the six months cut-off deadline only applies to summary offences i.e. those which only can be tried in a Magistrates Court, most sexual offences are either way or Crown Court only.

As you have not been arrested & it was a historic allegation you might be interested in some information I dug up the other day for another member:


About a year ago I responded to a similar question with a link to the 'Ask the Police' website where they had stated that, if a woman makes a rape accusation and the 'perpetrator' can be found they will arrest and interview them although this is no guarantee that a prosecution will follow

Looking on the same website today, this paragraph has been reworded so it only applies to cases of historical sexual abuse, along with a general revamp.

I consider this a highly significant alteration, and whilst none of us would wish to give you false hope (it might just be that the police in your area have a long backlog) you will also note the paragraph on the same link where it states the longer the matter is left the harder it is to gather evidence (noting my original post on this thread)

http://m.askthe.police.uk/content/@63.htm





As yours is a historic case and you haven't been arrested I think you could allow yourself some cautious optimism.

[PBY]

Thanks for the reply Casehardened. One obvious question is how you know what offence you are meant to have committed?

I assume you would only know once you are charged?

Do the Police really have huge backlogs?

[Casehardened]

One obvious question is how you know what offence you are meant to have committed?

I assume you would only know once you are charged?

Do the Police really have huge backlogs?

If an arrest is made the police have to give reason for this, but I was guessing that you may have known from the line of questioning at your interview.

I was informed approx 5 weeks ago that allegations had been made against me relating to someone in my ex's family.

The allegation that has been made relates to things that apparently happened at least nine years ago.

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

As for the backlog, who knows but I imagine the police and CPS will prioritize cases which are 'easy' or 'sensitive' or 'ongoing' and the others go to the back of the box to wait for a lull.

In your position I would take the view that the police were not at all convinced of my guilt, after all what is there to stop a move abroad to a non-extraditing country to escape the scales of justice? (Bail generally requires residence at a specified address and non-surrender is an offence in itself)

[Rights Fighter]

In your position I would take the view that the police were not at all convinced of my guilt,

Unfortunately many officers are more interested in meeting rape conviction targets so guilt or innocence will not actually come into it, for some officers.

What (some unscrupulous) officers are interested in, is gathering evidence, not to prove guilt but to have enough for a reasonable prospect of gaining a conviction. There is a big difference.

My friend Rob who got me into this "business" was a professional musician who worked on ferries. While he was awaiting trial (after he had been charged) he was given permission to work on ferries abroad.

He could have done a runner but did not as he believed that Justice would be done. It was not and he was convicted. Fortunatley for him he was released on appeal nine months later.

But to answer the question - in some circumstances the police/Magistrates courts will allow a defendant (or suspect) to leave the country with certain undertakings.

[PBY]

RF and casehardened. Thanks for your replies.

I am learning alot about the Police but one thing I cannot believe is that any detective writing to me in an email would be ending his email with his first name rather than Detective Constable xxx.

Is it really the case that any man could end up in court based on an account with absolutely no evidence just the accusers word? Surely you have to have something more than that because otherwise every man who had an allegation against them would end up in court and never be NFA'ed.

How does a man defend himself?

[Verity]

I am learning alot about the Police.

AND IT AIN'T NICE, IS IT?

Is it really the case that any man could end up in court based on an account with absolutely no evidence just the accusers word?

YUP.

Surely you have to have something more than that because otherwise every man who had an allegation against them would end up in court and never be NFA'ed.

NOPE.

How does a man defend himself?

HE CAN'T, he just has to hope he has a good defence team who will expose the holes in the false accusers allegation/s, trip the accuser up in his/her lies and hope to God the jury sees through it and are not influenced by a biased judges summing up, the prosecutors moving of the goal posts, ambush or introducing new allegations just before the jury retires to consider it's verdict.