Really need advice.

[harryflashman]

Hi,

A few weeks ago i was accused of anal rape. My two friends and I met three girls and we all went back to their flat and split off into pairs before having consensual sex. Two days later i was detained and then arrested and charged with anal rape. The girl admits to having consensual sex but says that i penetrated her anus but stopped after she told me to but she says that I then penetrated her anus again whilst she was asleep. I did not penetrate her anus at all. I was in police custody for 27 hours but i never entered court, according to my lawyer the procurator fiscal of three successive courts, ending at crown, thought that the prosecution was too weak for me even to appear and i was eventually released without even having to pay bail. However, the police have my phone and clothes i was wearing that evening and my lawyer says that i could be called into court at any time in the future.

This leaves lots of questions... What rights do I have? Someone has made a ridiculous accusation against me yet i was still arrested and i have a rape charge on my criminal record which i am led to believe will remain there unless i win a trial which my lawyer suggests may not even go ahead. The accusation is obviously ridiculous: there were four other people within easy ear shot who would have been alerted if anything had happened for a start. Is there any way I can clear my name sooner than having to wait to defend myself? Can I seek compensation? Can I sue her for lying and making false allegations now or would I have to wait until after a trial? If things suddenly went very bad for me, what punishment could i receive for the charge of anal rape after consensual sex?

To cap it all, before the police interviewed me my lawyer asked if i could pay him. Since i was flapping a bit i just said my parents would help me out. Since coming home, my parents feel that they should not have to pay to defend me from such a ridiculous accusation; if the state is so pathetic as to allow this to happen to me, then they can pay for it. I am 21 and thus my parents have no legal obligation to assist me financially. I have no income and in fact owe a large amount of student debt and thus am entitled to legal aid. Despite this my lawyer, who was assigned by the police, completely changed his demeanor when i told him my parents would not pay and insists that I owe him £500, which i do not have. Does he have any right to demand this sum?

The last thing i heard from my lawyer was that things look relatively good for me at this point, apparently the police and courts were impressed by my character and record, which was spotless until these charges were brought against me, and were not impressed by the character of the girl and her friends. I am currently completely free and have not had to pay bail, which must surely indicate the weakness of the prosecution; if anyone thought that there was a chance i had done it then surely i would at least be on bail? Despite this I have a serious charge on my record which is going to cause me a lot of bother, despite the fact i am totally innocent. Any advice would be gratefully received, especially since I now don't trust my lawyer and feel that i have no one to turn to for advice or assistance.

Thank you in advance.

[Rights Fighter]

It appears that you are in Scotland so so most of us cannot advise you on costs. Plus the laws are slightly different.

We do have a couple of Scots members who may come in to help you further.

[harryflashman]

Ok thanks. How do I edit posts? I don't know how you knew that I was in Scotland, but i'd like to remove the things about the lawyer since it appears that i am not anonymous...

[largactyl1]

Hi there, sorry that you have found yourself here and I hope you get the advice that you require. We know you are scots as you refer to the procurator fiscal, which we don't have in England and Wales.

[Rights Fighter]

You are anonymous unless your real name is Harry Flashman.

[Saffron]

Hi there and welcome
I guessed you are in Scotland because you mention the Procurator Fiscal, which is unique to Scotland. If you would like me to edit your post please let me know, but I suggest that "Scotland" is vague enough, and will elicit support from our other Scottish members.
Hang in there.

[harryflashman]

Ah ok, got a bit of a fright there. Thanks.

[goldfish]

Hi Harryflashman

I am sorry to see that you are in this situation, it's a difficult thing to go through. I am in Scotland and my husband was falsely charged with rape two years ago, though it just seems like yesterday. His case was eventually thrown out before it got to a trial.

I dont know the circumstances of your case and I appreciate that all situations are different but the fact that you did not appear in court and not given bail conditions sounds positive. My husband was in court a few hours after being charged and let out on bail with the condition that he didn't go near his accuser. Apart from his lawyer and Advocate he had no contact with the police again, everything was done through the lawyer. Even once his case was dropped he has had no word from any one just a letter from the lawyer confirming the situation and a letter telling him to pick up his clothes and phone a few weeks later. It was a very abrupt ending with no real explanation. We are in the process of trying to find out what will appear on his record.

My advice at the moment would be to speak to your solicitor, change if need be, as you can do that at any time. You should be entitled to legal aid and in Scotland there is no cap to the amount of money needed to defend yourself. My husband didn't have to pay anything. He did sign a legal aid form when he first met his solicitor so I'm not sure about the initial payment you have been asked for.

[RFLH]

thanks for replying goldfish.