False claims advice needed

[karnie]

My daughter moved out and 1st of accused my husband of cheating on me with someone else, then 5 weeks after moving out and moving to another part of the uk she went to the police and made a report that he sexual abused her from the age of 11-17, then 7 weeks later the police arranged a appointment for him to attend a police station for a interview to which when he got there he was informed that there where investigating a case of rape where he wasnt arrested and spent 2 hours answering questions he was released without charge and no bail. my husband went into the interview with his solicitor and was told afterwards by his solicitor that in her opinion that they had nothing to go on which was the reason she could think of why the unconditional release happened, we are 4 weeks on from the interview and we've not heard anything and my husband has been diagnosed with severe depression and is constantly worrying, does he have anything to worry about and any other advice would be greatly appreciated

some other info is that it took the police 7 weeks to interview him cause she reported it to another police force.
they also came back home with him to take a statement from me and then told us that they where going to do a bit more investigation and then pass it onto the CPS.
they also insinuated that within the weeks leading upto the interview that she hadn't had a medical and couldn't give dates or times.

[Rights Fighter]

As it's an historical allegation it wouldn't be worth medically examining her.

Those who have been genuinely abused years ago will not remember dates unless it was on a birthday or Christmas, for instance - so it would be "on a date between.......her birthday one year and the next Mr X did whatever.....to Miss X...contrary to" whatever law it was at the time of the alleged assaults.

[karnie]

she told the police that the last time it happened was 4 months ago which i find surprising as i remember things from that far back a couple more things that i find hard to understand are that if this had happened why not say this 1st instead of him cheating on me
why wait 5 weeks after moving out till going to the police about it
why within 8 weeks after moving out does she have a boyfriend(as if she was abused she wouldnt so quick off the mark)

My husband is worryed she is playing games with his life(as she moved out on bad terms with us) and he is looking at 15 years in prison if the courts beleive her

[Rights Fighter]

...........she went to the police and made a report that he sexual abused her from the age of 11-17,.........

This is what I was going by.

People who have been abused often will have sexual relationships afterwards. It's one way they know they will get some sort of attention and is not a defence in any event.

I would have to check my diary to find out what I was doing any particular day last week let alone a few weeks ago.

How old is she now?

[karnie]

oh right...

How old is she now?

she is still 17 turning 18 next month

[karnie]

Maybe this is something for thought and that is the officer who came with the investigating officer said that he beleives what my husband had to say was true although the female investigating had nothing to say at that was said on tape by the detective, My question seem's to remain un-answered as to whether my husband as anything to worry about and if anyone see's anything can they say so...

I'm sorry for being so blunt about it and appriecated RF's reply's, But after all we are talking about my husband being put in prison for 15 year for something I know he hasn't done as my daughter followed me around like a shadow and I never got 2 minute's pease when I visited 1 of my neighbour's when leaving my own home

[Saffron]

Hi Karnie
the honest answer is that nobody can say whether your hubby has anything to worry about or not. Plenty of innocent people do not get convicted, and plenty do. Without seeing the case notes it is impossible for any of us to say what his chances are.

The police will often appear to be sympathetic to the accused, in the hope that the person being interviewed will "confide" in them. Don't place too much store on the fact that one of the Plod said they believed he was telling the truth. It is not up to the police to decide whether to press charges or not, it is up to the CPS. The role of the police is to gather evidence that the crime took place. They will then pass it to the CPS.

If the CPS believe that the chances of securing a conviction are 51% or higher, they will proceed with charges.

Being on bail without hearing anything from the police is quite normal in these cases. Some of our members have been on bail for many many months before being told that they are either being charged, or that the case is not proceeding.

As this is a historical case there will not be any physical evidence and the decision to charge or drop will rest solely on the interviews and whether your daughter came across credibly.

Hopefully others will be along soon. In the meantime, welcome.

[Rights Fighter]

I'm sorry for being so blunt about it and appriecated RF's reply's, But after all we are talking about my husband being put in prison for 15 year for something I know he hasn't done as my daughter followed me around like a shadow and I never got 2 minute's pease when I visited 1 of my neighbour's when leaving my own home

Who said he would get 15 years?

He would serve 2/3rds of that so would be out after 10 years - but he's not been found guilty yet, of course!

[karnie]

it was the DC who is investigating that said he will get 15 years in prison but i think we'll have to sit and wait for the final outcome and would like to thank RF and Saffron for your replys

[Rights Fighter]

He might get 15 years if convicted on the rape charges but on the other hand he may not be charged, let alone convicted. In some cases the jury will find the defendant guilty of some but not all of the counts on the indictment.

As you say you will have to sit tight but do not be surprised if there is a re-bail.

[Casehardened]

Please try not to get hung up over the possible sentence, after all he hasn't even been charged yet!

Any potential sentence will be up to the judge (not the DC) who will take all the circumstances into consideration.

However there are sentencing guidelines written down for the benefit of judges; if you have the patience and the inclination you could trawl through these to see if anything relates to what your daughter has alleged.

http://sentencingcouncil.judiciary.g...esAct_2003.pdf


Edit: Sorry, took longer to type than RF.....

[karnie]

thanks for that link i'll take a look

but i have to say again as i did in my 1st post that he hasn't been charged and theres no bail in place he was just told not to contact my daughter and they brought him home

[Saffron]

it was the DC who is investigating that said he will get 15 years in prison but i think we'll have to sit and wait for the final outcome and would like to thank RF and Saffron for your replys

That's the DC trying to scare him into making a "CONFESSION"...i.e. "Plead guilty now and you will only get 6 years, maybe 7....but if you maintain your innocence you're looking at 15 years".....

....Balls. If he isn't guilty he should plead as such - NOT GUILTY. I hate the way Plod and the CPS try to skive off their jobs by pressuring those who are FAd.
Ggrrrrrrr.....

[Casehardened]

Bail usually goes with arrest, i.e. it's a way of remaining in police detention without physically being in a cell so that the investigating officers can be sure the accused person will (or should) return for any further action that may be required.

Not actually being arrested gives some ground for optimism as in theory there is nothing to stop your husband disappearing overseas to live in a country with no extradition treaty with the UK!

[DAGS]

Sadly all you can do is wait. I know that sounds like a stupid thing to say but it is true.

There is absolutely no way to predict what will happen next, in my case it took over a year before I was charged. In other cases it takes only weeks or months for the police/CPS to reach a decision. Sadly the CPS/Police care not one jot about the accused or their families and so will take as long as they want.

As far as the DC commenting on the sentence length. Do not worry about that at all, the Police will say or do ANYTHING to get a confession. Right now you are all scared and so the Police are playing on that fear. A cop in my case tried to get me to plead guilty by saying that if I pleaded guilty, I would avoid prison and that I had to avoid prison because 'a good looking guy like you will be very popular in prison'.