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  • Advice needed, falsely accused of rape :(

    Hi all, I found this site searching on Google for help when falsely accused of rape, I would like to tell you my story and hopefully get some advice.

    Until recently I was married, and raised my wife's 2 kids with her since the age of 2. My stepdaughter and I have always been close from the very beginning, she chose to call me Dad even though I'm not her biological father. We've always been close, she chose to talk to me when she had problems as she hasn't always got on that well with her mother, who has a temper and a drinking habit.

    At the beginning of this year (she's now 15) she hooked up with her first boyfriend. I found out he was smoking cannabis, and had encouraged her to do it. She was found to have joints in her bag at school. Over the space of a few months, she changed completely - she cut her hair, started listening to very dark music and her personality shifted completely. We didn't get on as well any more. She started sneaking off and drinking, and had to be brought home by the police when she was incapable of even speaking on a local front street. I told her I wasn't happy with her seeing this lad, and we argued a lot. At one point she told me if I didn't butt out of her life, she'd ruin mine.

    In April, I found out she was smoking again, and we had another argument. The next thing I knew, she went to her mother and told her that we "had been a couple, boyfriend/girlfriend" and planned to move away and marry when she was 16. My marriage to her mother was rocky as hell anyway by this point, and we had already talked about divorce on 3 occasions. Her mother didn't know what to do at first, and we talked about it for 3 days, arguments back and forth. 3 days later, her mother went out to buy her weekly wine supply and left me and my stepdaughter alone in the house, so I thought she must trust me.

    When she came home, her mood had changed. Ten minutes later, the police arrived. They arrested me, and said an allegation had been made that "unwanted kissing" had taken place. I'm in my 40s, and I'd never been arrested in my life. I've suffered from sever depression and anxiety for years, and my world collapsed. I was interviewed by the police doctor, then interviewed about the allegation, then bailed at 2 in the morning. I stayed the night at a friend's, but my mental state degenerated the next day and my friend rang the mental health crisis team. I was taken to an acute admission psych ward, and spent the next 5 weeks there with no money and very little help.

    I was released as a homeless person, and given use of a temporary flat by the local council, which is where I still am. My phone, laptop and ipod had been seized when I was first arrested, and I was only weeks away from answering bail to find out if they intended to bring charges, then last week happened. The police arrived at my flat last week, to arrest me because a new allegation had been made. Rape. Of my stepdaughter. I've had NO contact at all with any of them since April when I was first arrested. The police said she'd written a letter to her mother stating that one night "somewhere at the end of November or start of December" when her mother was out drinking with her friends, I had sent her younger brothers to bed and had then held her down with one hand over her mouth to stop her screaming, and raped her, taking her virginity. Not only could she not remember the date, but she apparently couldn't remember whether I had supposedly ejaculated or not.

    I had to tell the police that not only was the allegation not true, but physically impossible. Back in June last year I became impotent, and my sex drive disappeared. My wife and I had no sexual relationship after that. I was referred by my GP to hospital where I was diagnosed with very low testosterone levels, and placed on a hormone replacement program and given Viagra. None of it worked, and I still couldn't get an erection. I gave the police permission to access my medical records to prove this. I was bailed again with the date now extended until October so the CPS can decide whether to bring charges.

    I'm terrified. Scared ****less. There is NO evidence to back up her claim. No bruising was ever reported, no DNA, she can't remember the date. Surely if your own father forcibly took your virginity you'd have the date burned well and truly into your mind? When I was arrested the second time the police interviewed me very quickly, and even drove me back home to my front door afterwards. I realise they have to take all allegations seriously, but surely to God the CPS can't bring a charge with no evidence beyond a very shaky account of what supposedly happened? I'm scared to leave my flat, my health is deteriorating, and I frequently feel suicidal. My wife has filed for divorce, I have no access to my biological 11-year old son, and she gave me nothing but a few bags of clothes after a 12 year marriage. My life is in tatters, and I am so scared

  • #2
    Which county are you in? I might know of a decent solicitor in your area so if you are called in again for interview at least you will have somebody with experience in dealing with familial false allegations.

    If you were confident with the solicitor provided to you, though, stick with him/her for the time being.

    You will not be eligible for public funding unless you are charged which hopefully will not happen.

    Do you have any genuine friends you can talk to about this?
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

    Comment


    • #3
      Originally posted by Rights Fighter View Post
      Which county are you in? I might know of a decent solicitor in your area so if you are called in again for interview at least you will have somebody with experience in dealing with familial false allegations.

      If you were confident with the solicitor provided to you, though, stick with him/her for the time being.

      You will not be eligible for public funding unless you are charged which hopefully will not happen.

      Do you have any genuine friends you can talk to about this?
      Hi, thank you for the reply. I'm in **********. I have a solicitor, but in all honesty her opinion is that I just have to wait and see what the police say in October. I've already been granted legal aid as my only source of income is from Employment Support Allowance, I have a copy of my legal aid certificate.

      I have a couple of close friends I talk and one family member, but it's so difficult to talk about this to anyone, which is how I ended up here

      Thank you.
      Last edited by LS; 7 September 2011, 10:11 PM. Reason: location removed

      Comment


      • #4
        Hi Explorer
        I'm sorry to have to welcome you but glad you found us.
        Your sol is right - at this stage there is very little she can do. She will not be allowed to see any prosecution paperwork until (if) you are charged. That is when she can start collating evidence/witnesses etc in your favour. This is why RF suggested it might be better to stick with your current sol for the time being. However if you genuinely don't have any faith in her then by all means seek to change.

        It is quite usual for a false accuser to embellish the story in the hope of gaining more sympathy. This could explain why the accusation has changed from "unwanted kissing" to rape. However the fact that she told your wife that you were planning to run away together is important. If she was happy to tell such a big lie as that, she is clearly capable of making a false allegation of rape.

        I'm glad you have people you can confide in. Hang in there. Others will no doubt be along shortly.

        Comment


        • #5
          Thank you, Saffron. She is a troubled girl, and she has been busted for telling big lies before. She told schoolfriends her parents allowed her to smoke dope (untrue), told her boyfriend that she knew someone with a gun (untrue). At one point earlier this year I got called into school as she'd told someone she was pregnant and that person told a teacher. Needless to say, that wasn't true either.

          I'm torn to shreds at the minute, I was suffering from depression enough as it is, now I'm finding the days very hard to get through, not least of which because I'm not allowed to see my little boy

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          • #6
            All of that is helpful evidence of unreliability/dishonesty should you be charged. Best not to post up too much on here as this forum is public.

            Find yourself a family law solicitor as they may be able to help with contact visits and liaise with SS.
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

            Comment


            • #7
              Explorer - if there's anything you want removing, let us mods know and we'll do it for you.
              And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

              Comment


              • #8
                Originally posted by RFLH View Post
                Explorer - if there's anything you want removing, let us mods know and we'll do it for you.
                Remove post #5 for me, please.

                Comment


                • #9
                  I just wanted to add something I found weird about all of this. The police seized my phone on arrest day, and my laptop and ipod a week later from the family home. They didn't take either of my two desktop computers, USB hard drives, memory cards, my camera or anything like that. They still haven't, 5 months later. My PC is set up in my flat now and they've been in and seen it switched on, but made no comment and didn't seize it. I honestly thought they'd grab the whole lot, including the stack of home-burned CDs and DVDs next to the laptop when they took it.

                  Comment


                  • #10
                    It could be down to good old police incompetence.
                    Or it could be that the 2 desktop PCs were used by other members of the family without specific log-ins. Which would mean that if they did find anything incriminating on the shared computers they would not be able to prove it was you who downloaded it.

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                    • #11
                      Originally posted by Saffron View Post
                      It could be down to good old police incompetence.
                      Or it could be that the 2 desktop PCs were used by other members of the family without specific log-ins. Which would mean that if they did find anything incriminating on the shared computers they would not be able to prove it was you who downloaded it.
                      I'm figuring it must be the former, since none of my PCs were shared at all, the kids all had their own machines. It just struck me as odd after I read about other cases where so much was seized. Even my old phone was left lying.

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                      • #12
                        Forensic examination of computers/phones etc is exceptionally time-consuming and expensive. Perhaps Plod were not convinced by her story? It would explain why they seem to be fairly half-hearted in their approach to your computers.

                        Comment


                        • #13
                          Originally posted by Explorer1982 View Post
                          I just wanted to add something I found weird about all of this. The police seized my phone on arrest day, and my laptop and ipod a week later from the family home. They didn't take either of my two desktop computers, USB hard drives, memory cards, my camera or anything like that.
                          As Saffron mentioned, examining PC's can add months to the investigation as well as adding to the cost.

                          Maybe the girl said something in her interview which made them target the laptop in particular?

                          Obviously if the police had considered that you posed any threat to children they would have gone through the lot so hopefully this will give some comfort.
                          'What doesn't kill you makes you stronger'

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                          • #14
                            Thank you all. I can't tell you how relieved I am to be able to talk on here, I really can't. The only reason they even took the laptop was because I asked for it when I was in hospital, so my wife rang and told them to take it. At first interview they also asked for my Facebook and email passwords. I was in such a state I couldn't even remember what day it was, never mind what password I'd set years ago, at which point they said it didn't matter anyway! The whole reason this case has dragged on since April is because they told me the laptop had been sent for forensic analysis, and there was a 6-month backlog of machines being processed. Even now, it's still not back.

                            Comment


                            • #15
                              Hi,

                              The waiting game is a wretched one, the more so for you as you are unable to stay at home.

                              Unfortunately the police won't present the evidence (or lack of!) to the CPS for their decision until such time as the laptop forensics come back
                              'What doesn't kill you makes you stronger'

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