Phone call from the police today regarding an accused rape 7 years ago!

[Rugbystar]

Hi,

Im still not really worrying as much as maybe i should do about a false rape claim from 7 years ago.

My DNA has come up with a match 7 years ago from a one night stand i had, the women had claimed she had been raped after i had left her house.

I meet the girl out and both had been drinking heavily, i left and thought nothing of it and have not even thought about me being in anyway associated with rape in any shape or form!

Then today out of the blue a call from the police saying my DNA has been linked to a rape after going back to this ladys house for a one night stand.

How worried should i be at this stage? I have not ever been in a situation upon having to force myself on somebody for sex and have never even been told NO at any stage of a one night stand! I fear she has regretted having sex and then followed this up with the police.

Im fuming the police didnt follow it up further as i have been going back to the same bar we intially meet for years and years. And nothing was mentioned in the way of a rape claim from that bar in the media etc. if it had been i would have willingly went to the police station, we had sex but it was consensual. 7 years on though is going to be hard for her and indeed for me to remember exactly the course of events 100% accurate...this is what gives me a slight worry as i understand the law will favor her side?

I have agreed to go to the police station for a chat, they have not said i would be arrested as yet. I live 4 hours away from the accused city as moved with work they have said they would travel to me but i said i can travel down ASAP as i want to resolve this and clear my name asap.

Im worried if its her word against mine with no witness as n her bedrooom the law will favour the womens side? of course my DNA is linked as we had sex but it was consensual so im not sure what evidence i can provide other than my relocation of events!

Any help or if anyone has come across this situation before would be great.

I can see the first step of advice is to seek a solictor, i shall look into legal aid as i dont want to be spending my own money on defending myself for a false claim. any info on legal aid would be good as well.

im gutted that this could snow ball in to something that i would be really worried about if it went its full course!! job life etc could be majorly effected over a one night stand 7 years ago!!

thanks for your time

[largactyl1]

Hi there, others will be along at some point who have more knowledge than myself, but I will try to give you some help for the time being.

When you say about her/you not being able to remember anything from 7 years ago: as a complaint was made to the police and DNA came up clearly she was interviewed at the time and there will be detailed notes on this, plus all results from forensics/photos/witnesses (possibly) and that sort of thing. So her statement will still be fresh as it was made at the time. Also I guess the argument would be that if a person were to suffer a traumatic event they are likely to remember it. However, for you I guess there would be little memory of a one night stand 7 years ago.

I think you will find that legal aid is income related/ means tested but I'm not sure about that - people with that kind of knowledge will be able to tell you for defo. on that. I would say that this is a really serious charge, and without wanting to upset you, I think you need to take it very seriously indeed and make sure that you obtain legal advice from a specialist lawyer - again, others have specific info on this - you will need to impart which area you are in so you can be advised on this.

You say you are going to a police station for a "chat". I'm pretty sure that everyone here will be yelling for you to be cautious. As we found out when Tony was falsely accused, the police can be very duplicitous and you could find yourself saying things that could be misinterpreted and turned against you. This isn't something that is going to be cleared up easily if our experience was anything to go by (or the other members either).

You need to try and remember anything you feel is relevant and write it down, times, places, people, phone calls, texts, e-mails blah blah - everything from that time and any contact you have had since. You need to keep this info. out of your house, with a trusted friend or your lawyer. This is not paranoia - basically others here have found that items useful to their case have sometimes "gone missing" when in police care. I'm sure most police officers are very nice and all that but you never know.

Try not to be filled with bravado and try and deal with this on your own. You will need the support of people close to you (only trusted ones - mud sticks - particularly allegations of a sex crime). You will get a lot of advice and support here and it is a good place to vent the array of emotions that you are likely to feel.

Best wishes
Jen

[Casehardened]

Hi,

Jen is so right in saying to beware of the police 'chat': they may not need to arrest you as they already have your DNA but the questions will be just as searching as if you had been arrested and kept in a cell.

However as you have prior knowledge of the interview you can arrange for a solicitor to attend, hopefully discussing the matter with him beforehand, rather than having to organize one from the station. As this is an indictable offence you should get legal aid, but in any case attendance at the station is free. However in some areas the LSC will only pay for telephone representation; check this with the solicitor you choose.

As you said, it is unfortunate that the matter has only come up 7 years later, any CCTV footage of you and the girl in the bar, or any witness's memories of your behavior will have been wiped.

If it was indeed a one-night stand you won't know much about the girl so probably can't take a guess as to why she cried rape, but it would be helpful if you could think of something. Just a couple of guesses:

Maybe she had a boyfriend at the time & was worried about his reaction, possibly someone had told already him before she got home and this was her defence?

You title yourself 'Rugbystar', are you in fact well-known in the game, even if only locally, if so was there possibly a kiss-n-tell motive on her part?

You mentioned that you are (or were before your move) a regular at the bar; are there any regulars or staff who you are still in contact with who could act as 'live' CCTV, i.e. that you usually had lots of willing girls chatting to you (gleaning this from your post) and you therefore wouldn't be the sort of person to force anyone to have sex. Do discuss this line of defence with your solicitor though as it might be turned around and the implication made that you wouldn't believe anyone could refuse you.

Finally, and forgive me for asking this, I presume you have very recently come to the attention of the police and this has resulted in a DNA swab/trawl; would this be a related (i.e. sexual) matter?

[Saffron]

Ditto what Casehardened said - some excellent advice there.
Anyone on the forum who reads your post will be silently screaming for you to be very very careful about attending the police station.
The fact of the matter is that your DNA was found on/in a woman who reported a rape. That in itself is very serious indeed.
Please take a solicitor with you when you attend the copshop. Make sure it is a sol who experienced in this type of case - a standard criminal sol will not be good enough.

Let us know how you get on.

[Rugbystar]

I was cautioned after a drunken brawl and spent the night in the cells this is when my DNA was taken and the link to this case 7 years ago has appeared.

I have spoken to the office today and agreed to drive down to the city of the incident on Saturday to meet them. They have told me over the phone they will not arrest me at this point as i have been cooperative and will be traveling the 4 hour trip down to the station.

I want to get this resolved ASAP and a 4 hour drive to do this seams a small sacrifice for these allegations.

Im worried of paying for a sol at this stage, should i just turn up and hear what they have to say and then find a sol depending on the outcome of this first meeting?

I have told the office on the phone i have researched false claims and maybe i should come down an listen with out making much comment.

i agree that she will have made the claim shortly after the alleged incident and not years down the line. Therefore she will have made a stament with details of the night fresh in her mind, all be it a drunken fresh mind!

I do still know people who work at that bar and was a regular all nights of the week and knew barstaff on first names etc and still do know some. I was even back in the bar the weekend and week after this alleged crime.

It certainly will be a thought provoking drive thinking about the outcomes of this chat!

My personal opinion is that she as already mentioned may have had a boyfriend or may have regretted her actions the morning after. No matter how many years ago you would know if you raped somebody and clearly i know i didn't!

[Casehardened]

Im worried of paying for a sol at this stage, should i just turn up and hear what they have to say and then find a sol depending on the outcome of this first meeting?

Hi again,

You will (or should) be offered the services of a solicitor prior to the commencement of the interview; if you decline that offer you still have the option of requesting representation at any point during the interview.

The snag is that this will be a duty solicitor who may or may not be experienced in the field of false allegations (and, as mentioned, it may be telephone advice)

If you state the county where you will be interviewed someone may be able to recommend a good solicitor in the local area; you can then arrange with them to meet at the police station at the appointed time. As mentioned, this police station representation is paid for by legal aid.

Bear in mind you will be interviewed by two officers & it will be good to have someone else on your side rather than face them alone.

[Saffron]

Paying for a sol might seem like a needless expense at this stage but it could literally save your life.
With the benefit of hindsight, I would have sold my house and all my worldly goods if it meant my hubby had got decent legal representation, instead of the poor excuse for a barrister/solicitor we ended up with.
Like you, we went into this thinking "This is ridiculous, there is no evidence beyond her word, how can anyone take this seriously?" (in our case there wan't even any DNA evidence). But people do, they take it very very seriously and the jury will too. (IF you are charged: you might not be, of course).
I don't want to sound gloomy, but you are in a terrible situation and it doesn't sound as though you fully understand exactly what it means.

[Rugbystar]

How does the cost and legal aid work?

do you pay yourself and then claim it back?

does the sol sort this out?

how much would it be roughly for a sol to attend this interview?

It just miffs me that i have to be out of hand for somebody to lie.....but i understand that im stuck in a rock and hard place and im best getting one.

Will they attend at such short notice?

The area is Avon and somerest if anyone has any sol suggestions?

Thanks...

[Homer]

It is very important at this stage to try and research a good solicitor, if you are taken in for questioning, you may have to take a solicitor that hangs around the police station, the duty solicitor. Don t get me wrong, not all are bad, but some are waste of time. Chose a solicitor or that chose may be taken away from you.
If you go and see one now, explain the situation and be prepared rather waiting for events to unfold when your liberty and freedom of chose is taken away from you. Once the wheels are put in motion, it very hard from them to stop. Acted while you can.

[Casehardened]

How does the cost and legal aid work?

do you pay yourself and then claim it back?

does the sol sort this out?

how much would it be roughly for a sol to attend this interview?

It just miffs me that i have to be out of hand for somebody to lie.....but i understand that im stuck in a rock and hard place and im best getting one.

Will they attend at such short notice?

The area is Avon and somerest if anyone has any sol suggestions?

Thanks...

As RF isn't online tonight, I hope she won't mind me quoting one of her recommendations from a post in 2010:

Ian Kelcey

http://www.kelceyandhall.co.uk/

The website is being updated but the contact details are visible. There are in Bristol - highly recommended by somebody who used them.


The solicitors will claim the cost of attending the police station directly from the LSC so you won't have to pay anything; unfortunately the attendance allowance is being squeezed (like all other Government expenditure) so some solicitors are no longer willing to undertake legal aid work, best initially to phone up your selected solicitor and discuss it with them.

As for short notice: I have a card from a firm of solicitors offering a mobile number with a 24hr call out service.....after all one never knows when one might be arrested

[Rugbystar]

had the appointment with the sol and the officers today...but not sure how much detail i should put on here just yet as this is still pending investigation etc.

Although some weight has been lifted from my shoulders as the incident has been explained and im 1000000000000000000000000000% in the right and in no way had un-consensual sex!

They have given a date of 4 weeks as they look into the matter further.

Thanks for the advice on the sol, was very good to have him on board and its FREE! Dont even need legal aid as they have not arrested me still, i attended the station voluntary for the interview!

[largactyl1]

Hi there, glad you feel meeting with police went ok. Don't be surprised if the 4 week appointment is changed though.
Regards
Jen

[Rights Fighter]

So you used Ian Kelcey sols the? Jolly good. The attendance of a solicitor at police station interviews is free unless you choose one who does not work under public funding. Kelcey sols can work with public funding so you'll be ok there.

The sol will explain how legal aid works and how much you might be expected to contribute, if anything, should you be charged.

[Rugbystar]

I went with Bobbit Mcann and i was pleased with the sol.

Im just hoping this gets resolved ASAP, but certain things that she has said lead to a very good case for me.

But im not sure i want i can discuss on here if anything? I would like to tell the whole story but may not be good on my part if i do this before maybe if worse case it does go to court.

I dont even want to mention it to close friends yet, its an awful stigma....however i have to speak to one close friend as he was at the address when this alleged case happened therefore the policed shall be contacting him.

So frustrating not being able to tell people but when my name is cleared i will then tell a select few, i just dont want rumours spreading about it like wildfire!

The damage that the association of being involved in any way shape or form or an accused rape is horrible, and no money or promises or even court agreeing with your case can overcome the whispers and slight doubt people may have over your character.

Im confident that now i know the facts of the case that i shall be proven not guilty if it went to court, but to be honest i dont htink it will...in a way i would like it to so my names is cleared and there is no doubt in peoples mind!

[largactyl1]

If you want to talk about what happened in more detail here, that is fine as long as you leave out any identfying factors e.g. names, location,names of friends who could identify you and she, any identifying factors really. A lot of people include a lot of detail here and fine that useful while others want to discuss it less - both work - it's up to the individual.
Regards
Jen