At Wits end!

[GOINGOUTOFMYMIND]

Hi there,

Am totally at my wits end and watching my partner go downhill rapidly by the day and talking about how he knows how it feels when innocent people convicted of sexual abuse take their own lives. Our whole world has been turned upside down.

The story condensed. My partner is a taxi driver and got a call to pick up this 14 year old girl from her foster home to take to school. The girl got straight into the front of the car and on driving there proceeded to tell my partner that she had only stayed at this foster carer's for two weeks, that she had been with two 18 year old boys, her father didn't like this and was being charged for assault to her and that one of the 18 year old boys was also being charged. My partner then stopped the car to shut his boot properly as the tail light was on and when he got back in she had taken his IPad from the footwell his side and was playing on it. He asked her to give it back and she totally ignored him. He asked her again and she did the same so he reached across and took it from her and put it back in the footwell. He then dropped the girl off and that was that.

Then at 9.30pm that night the police called at the door and took him away to the police station for questioning. They kept him in a police cell all night after questioning him as the inspector wished the girl to be interviewed again. When the police officers re visited her home they said she had a smurk on her face as they entered the room. She told them that he was touching her leg, had slapped her wrist, told her what a gorgeous figure she had for somone of her age and had asked her if she fancied meeting up later on.

He had to go to Court on Monday to make a plea but after hanging around for hours was just handed a letter saying that he was no longer required to attend and to pass the letter to his solicitor. The solicitor didnt really know what that meant and said it could be weeks before he is contacted and that it might go away. We are not legally knowledgeable but we do know that no way is an alleged sexual attack on a minor going to just go away. My partner is now faced with weeks and months of stress and anxiety with the great possibility of being found guilty, sentenced to prison and being put on the sex offenders list. We would have to sell our home, our car in order to pay for the legal representation and he would never work again. Our lives have been totally ruined over one mixed up kid who for whatever reason wants to be the centre of attention, in the limelight and shows no signs of changing her mind!!

I am going out of my mind here - any advice out there would be so appreciated.

Thanks

[Saffron]

Hi Goingoutofmymind

First of all try not to panic. Has your hubby been charged?

This girl sounds as though she has serious issues. The fact that the police wanted to re-interview her after your hubby was questioned is possibly a good thing...sounds as though something about her story didn't add up. Have the police spoken to her foster parents, or Social Services about her yet?

Unfortunately there is little you can do until/if he is charged. Do some research and find a good solicitor...you need one who is experienced in defending false accusation of sex crimes. A standard criminal sol will not be good enough. Until charges are made, there is little a sol can do, but it's good to have one lined up.

I would also recommend that you gather some character witnesses - people who will give statements about your husband's good character. Idealy these should be "professional" people - teachers, doctors, lawyers, business directors etc, but that is not essential.

Others will be along shortly with more advice. In the meantime, welcome.

[GOINGOUTOFMYMIND]

Hi there Saffron, thanks for your reply. After re-interviewing the girl and keeping my partner in a cell all night he was charged in the morning of sexual assault to a minor. He had to attend court on Monday to put in his plea. This never happened because after a few hours of waiting around he was handed a letter by a clerk of the court with monday's date on it and stating that he would no longer be required to attend and that he had to hand it to his solicitor. The solicitor wasnt sure what it meant but that a report had been submitted to the crown court in Edinburgh. It is now Thursday and there has been no word. We are going out our minds with worry not knowing what is happening. We daren't believe that this could all go away especially as this girl seems to be in her element soaking up all the attention. There are plenty of character witnesses who could state that he is a law abiding family man and he has never been charged with any crime before.

I am just terrified that no real evidence is required and that because the girl is 14 years old then this will automatically go in her favour.

[Rights Fighter]

The solicitor didnt really know what that meant and said it could be weeks before he is contacted and that it might go away.

This worries me. Ask for an appointment to see the partner in the firm and ask if the matter can be passed on to somebody who is a little more clued up on defending false allegations.

[Casehardened]

The solicitor wasnt sure what it meant but that a report had been submitted to the crown court in Edinburgh.

I'm guessing from this that you live in Scotland and the plea hearing was also in a Scottish court. The law is somewhat different to English law however some members have dealt with the system so may be able to advise you.

I do recollect that it was mentioned that it is now necessary for the Scottish police to offer legal representation, so if this didn't happen in your partner's case he may be able to make something of this (i.e. request a re-interview)

[GOINGOUTOFMYMIND]

Hi there everybody,

I am not 100% sure but I think that he didn't ask for legal representation during the initial interview because he just wanted to be totally honest and upfront with nothing to hide and just tell it as it happened. He didnt want to say no comment as he felt that he wanted to be open and upfront. He used to be a policeman himself for 15 years so knows his rights but he didn't think for one moment that it would go any further and that it would be taken seriously because the claim was so ludicrous and unbelievable. It is only now that the seriousness of the whole matter has kicked in and the repercussions from all this.

He only got that solicitor for the initial plea hearing as he had no time to appoint anyone else. It was a local solicitor next to the court. Even having no knowledge of these types of cases it is still rather strange that he hadn't come across this type of letter my partner was handed. The solicitor told my partner he would try and have a word with the procurator fiscal to see what was going on but he has heard nothing so far. The solicitor had said that it could take weeks and that it might just go away on its own. We are not stupid enough to believe that this could be the case but I am rather perplexed at the fact that he hasn't even made his initial plea yet. I thought that when someone was charged that they went to court within a short period of time to put in their plea and then the Procurator fiscal looked at the case and announced whether he wanted it to proceed. I am taking from the silence that the papers are still being perused by the crown who will then decide if there is a case.

If this happens then my partner will find an experienced lawyer in this field to represent him.

I still cannot believe that this whole thing is happening. How and why a young girl on a 10 minute taxi ride to school would want to purposely go to the police without any cause and tell such blatent lies. Does she not care or realise how she is potentially ruining the lives of not one person but a whole family who if found guilty will be out on the street, lives devastated with no chance of a life again!!!!

[GOINGOUTOFMYMIND]

Can anyone tell me how Scottish law differs from English law. my partner was interviewed by the police and then charged in the morning. He was then released and asked to attend the Court two days later to give his plea. This never happened as he was handed a letter from a clerk of court with the date of his appearance on and saying he would no longer be required to attend. Does this mean it is over or that the Procurator Fiscal is taking his time to go over the paperwork and will then make a decision and get in contact with him. He doesnt know whether to go to a reputable solicitor or not or just to wait it out and see if and when he hears anything.

Do scottish police charge people straight away? I also find it strange that as a taxi driver he has been allowed to carry on taxi ing. Surely if they thought it was that serious they wouldnt allow this? The police that interviewed him didn't hold much credance in what she said and thought that it would just be dropped but the inspector ordered that the girl be re interviewed and on the strength of that he was charged.

Is he in for a long wait? I dont understand any of this and am desperate for some answers.

Thanks

[Casehardened]

Can anyone tell me how Scottish law differs from English law.
Thanks

Hi again,

The problem is that most of the members on this forum have had no legal training but picked up bits of knowledge from their own experiences. As these mostly relate to the English system no-one wants to give you misleading information.

In England, being charged is pretty well a 'get-to-court' card, but in Scotland the police seem to charge routinely as part of the investigative process, however the whole system has recently overhauled so this may no longer be the case.

One Scottish member of the forum has been in your position, if she sees this thread I am sure she will offer support, but for your sanity it may be as well to do what Rights Fighter suggested and seek better legal advice, even if you have to pay for it.

[LS]

Casehardened is spot-on. This is a support forum made up of people who have been through your experience, not a support organisation of professionals.

The aim is to help and support others in their time of need, but as CH said, no one wants to give out bad advice.