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  • Advice required

    Hello all,

    I really need some advice as my head is spinning and my anxiety levels are sky high.

    After a six year relationship I left my previous girlfriend for another woman which was just over a year ago now.
    During the last year my ex girlfriend has bombarded me with texts and phone calls attempting to get back me, the calls and texts varied from being friendly to being nasty quite erratically, then came the infamous "my period is late" and then she made several attempts to kill herself, phoning me whilst very drunk telling me she doesn't want to live anymore, that i've destroyed her life and that she's going to kill herself, I immediately phoned the police when these calls came through and they picked her up every time by tracing her mobile and she has been in and out of a mental unit for several months she had slit her wrists quite badly on several occasions and taken overdoses etc.

    anyway, all these phone calls and texts suddenly stopped about 2 months ago and I thought, "is she finally getting over it?"

    Then on Tuesday of this week I was awoken with heavy thudding at the door, it was the police, my initial thought was that something had happened to my parents, i even invited them in for a brew etc, anyway they were here to arrest me on suspicion of rape of a women aged 16 or over, my mouth dropped and I was in total shock, i'd never so much has had my name taken by a police officer before never mind been arrested.

    I was interviewed and bailed to reappear at the police station in late August and given a lift home by CID.

    I was given a duty solicitor who didn't seem to care very much, (yawning throughout the interview) who told me after the interview that it sounded like a load of nonsense, that i have nothing to worry about and that i'll probably get an NFA through the door before August. he also said that it was odd to wait nearly 3 months to arrest me after the allegation was made and then give me a lift home too.

    Anyway as you can imagine, i'm worried sick, I haven't a clue what to do and cant believe i'm going to have to wait until august to hear anything, i've already lost my appetite and had to take time off work, I really dont know how i'm going to cope for 3 months!

    It hasn't helped reading all the stories of innocent men going to jail because a Girl was angry about them leaving.

    And interesting point to make, having been told the definition of rape (penetration of mouth, vagina or anus), that my ex girlfriend suffered from Vagismus which is a clamping of the vagina preventing penetration, we worked around that through our relationship, she used to beat herself up about it but i made sure i reassured her that everything was ok and we stuck to fore play as our "sex"
    Basically her medical records will show her vagismus issue and should prove that we never had penetrative sex, so by the very definition of rape can this even go ahead?

    Thank you for reading that, any help will be greatly appreciated, if you need more info please ask.

    Kind regards.
    anonymous (for obvious reasons)

  • #2
    Just hang in there. These things are foul.I have been there. The allegations against me which were totally false were utterly horrid. Actually bizarre to the point I did not understand some of the things I was meant to have done to her and neither the police nor my (female young) solicitor wanted to explain to me in any detail. I am in my 50s and, yes, probably a bit inexpereinced.....

    You need to be calm (impossible), brave (difficult), carry on as normal (very very hard). Find someone(s) to talk to and keep talking it out, even if you are repeating yourself. Never give up and crack and admit something you did not do.

    I am not legally competant so I won't try and advise. As you present the facts, it seems you don't have too much to worry about, but others will be along in while to advise you.

    It took 5 months after the arrest for me to get a letter telling me there would be no further action. Hang in there!

    YOU ARE NOT ALONE. YOU HAVE COME TO THE RIGHT PLACE!

    Hugs

    Felix

    Comment


    • #3
      Felix is bang-on with his advice. There is little you can do prior to charge....and let's hope it doesn't come to that. Unfortunately it's a waiting game until such time as the CPS decide to prosecute. If they feel that there is more than a 50% chance of conviction, they will press charges.

      Have you got a record of these text messages/phone calls? If you do, please do not give them to the police....pass them to your sollicitor and tell him/her to keep them safe. Don't keep them in your home - you could be raided at any time.

      Some duty sols are great, others just can't be bothered. Sounds like you got the latter! I would suggest that you do some research and find a sol who specialises in defending false allegations of sexual crimes. They won't be able to do much until/if you are charged, but it would be good to have them on board.

      The Vagisimus thing is pretty compelling. Make sure your sol instructs a specialist who can talk to the jury (if it comes to that, which it may not) about this condition.

      In the meantime, welcome.

      Comment


      • #4
        Thanks for that.

        Another question:

        When being questioned i was asked about an incident of an argument some years ago in public that i genuinely couldn't remember (i'm blaming the shock and awe of the whole arrest and allegation for that) (i couldn't even remember when we first got together when asked)
        Anyway, after everything has sunk in I have remembered the incident i was questioned about but denied it as nonsense during the interview.

        My instinct tells me to go and tell the police about remembering this but i'm also scared that it shows i've lied (i haven't i just sincerely couldn't recall the incident as it was about 4 years ago) and is going to harm my defence if it goes to court, what would anyone suggest about this?

        regards.

        Comment


        • #5
          go felix

          "You need to be calm (impossible), brave (difficult), carry on as normal (very very hard). Find someone(s) to talk to and keep talking it out, even if you are repeating yourself. Never give up and crack and admit something you did not do."

          couldn't agree more with felix... its hard to be calm and brave and carry on as normal... i have been a shell of a man since the police arrested me... watching others continue on with their lives while i am stuck in hell just pains me everyday... my friends are great but sometimes i think... they can only do so much for me...

          this "accused" has probably effectively taken away a month of my life... i don't know whats gonna happen but i am start to feel zombie about this

          Originally posted by felix View Post
          Just hang in there. These things are foul.I have been there. The allegations against me which were totally false were utterly horrid. Actually bizarre to the point I did not understand some of the things I was meant to have done to her and neither the police nor my (female young) solicitor wanted to explain to me in any detail. I am in my 50s and, yes, probably a bit inexpereinced.....

          You need to be calm (impossible), brave (difficult), carry on as normal (very very hard). Find someone(s) to talk to and keep talking it out, even if you are repeating yourself. Never give up and crack and admit something you did not do.

          I am not legally competant so I won't try and advise. As you present the facts, it seems you don't have too much to worry about, but others will be along in while to advise you.

          It took 5 months after the arrest for me to get a letter telling me there would be no further action. Hang in there!

          YOU ARE NOT ALONE. YOU HAVE COME TO THE RIGHT PLACE!

          Hugs

          Felix

          Comment


          • #6
            Don't go to the police. They will make out that you lied during your first interview and this could well be the thing that tips the scales as far as the CPS are concerned. If they ask you about it again, then explain that you have since recalled the incident in question, and that the trauma of arrest had driven it from your mind. But don't offer them anything unless you are asked.
            Hang in there.

            Comment


            • #7
              Originally posted by Saffron View Post
              Don't go to the police. They will make out that you lied during your first interview and this could well be the thing that tips the scales as far as the CPS are concerned. If they ask you about it again, then explain that you have since recalled the incident in question, and that the trauma of arrest had driven it from your mind. But don't offer them anything unless you are asked.
              Hang in there.
              Absolutely right!

              Comment


              • #8
                Again, don't offer a dickie bird to the miserable police. They wheedled their way into our house by being "charming and concerned" to my my wife, they fooled me into turning up at a police station without a solcitor, and they used me to open up my laptop when, if I had refused to do so, they would have been stuck because the eividential state of my case was not, it turns out, strong enough for them to send it to the lab and incur the concommitant costs.

                Play unconcerned, cooperative, charming but in reality give not one inch!!!

                Comment


                • #9
                  Originally posted by Saffron View Post
                  Don't go to the police. They will make out that you lied during your first interview and this could well be the thing that tips the scales as far as the CPS are concerned. If they ask you about it again, then explain that you have since recalled the incident in question, and that the trauma of arrest had driven it from your mind. But don't offer them anything unless you are asked.
                  Hang in there.

                  if this proceeds to trial your solicitor and barrister MUST be told about this otherwise the Crown will hang you out to dry for "lying" to the police.

                  Although the judge should give a direction about lying to the police (known as the "Lucas" direction") this would probably fall on deaf ears and the jury would take a dim view of it once the Crown are through.

                  Defence should know about this so they can get your response in before the jury - before the Crown can have their field day.
                  People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                  PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                  Comment


                  • #10
                    thumbs up

                    felix this is the mentality u will need guide the rest of us to walk through this and see light at the end of the tunnel

                    Originally posted by felix View Post
                    Again, don't offer a dickie bird to the miserable police. They wheedled their way into our house by being "charming and concerned" to my my wife, they fooled me into turning up at a police station without a solcitor, and they used me to open up my laptop when, if I had refused to do so, they would have been stuck because the eividential state of my case was not, it turns out, strong enough for them to send it to the lab and incur the concommitant costs.

                    Play unconcerned, cooperative, charming but in reality give not one inch!!!

                    Comment


                    • #11
                      Just a quick update on this:

                      I met with my solicitor regarding remembering the incident I denied at interview, he noted down what I said and told me that he would have a statement drafted up and will discuss it with the DC in charge of my case (he says she's a fair woman)
                      He also said he wouldn't threaten the DC but would make it very clear that she needs to be very sure about this case because of the implications it would have on my career and good community standing.

                      I'm still struggling with it all, it's all about taking my mind off it because if I leave any gaps in my thoughts this whole thing comes thundering through and deflates me again.
                      I think it's absolutely bizarre how your life can be turned on it's backside through a mere allegation, I'd heard the law was an ass but jesus wept!

                      I want to give a thank you to all you wonderful people on here, I've read through many posts from different people and I have to say your responses are great, what a sincere group of people and very well done for being here for those of us affected by false allegations-Thank you!

                      Comment

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