accused of rape

[sickasaparrot]

Good for you too, Monty.

The best advice on here seems to be to carry on as normal - I know this will be more difficult sometimes than others and undoubtedly there will will be many lows still to come, but I guess it is important not to let this affect everyone else around us!

Keep us posted as to what solicitor says
Hope it goes well.

[NOHOPE]

visited solicitor today i had a few questions ready first have you dealt with similar cases before second do you think my husband is innocent i know some say it doesnt matter but to me it did, i asked the first question and his response was when your hubby came to see me before he got charged he came in gave me a full and fran acccount of what had happend that night and for some reason my gut feeling was this man is innocent but stupid for letting himself be put in that situation, i was so releived as i would like the person helping us to beleive he is innocent. he then went on to explain as much as he could as to the whole process from start to finish with different scenarios and also he gave us the worse case scenario and what could happen. he was in fact very shocked off my hubbys case as to why they even charged him in the first place and a few other little details i have told him re police but he was honest and said untill we get their statements we will need to wait and see. he also explained about the possibility of his name being in paper and he said if it is try t go about your normal business as much as possible and hold your head up high as you know you are innocent. i asked would we at any time be asked to plead guilty he said never as he is innocent so quite positive but we still know there are still going to be a lot of ups and downs but she has picked on the wrong couple as we will fight till the botter end. The next terrible stage for me is when we get to read her account i know this will bring it all back to me and im sure i will get upset and angry again but solicitor has said turn this into a positive and read line by line and you will be able to pick holes in it. had quite a good day today but feet still firmly on the ground we are not stupid and know this just wont go away

[sickasaparrot]

Good for you Monty, that you've overcome another milestone!

As you will have seen, I've been given advice that you must not lose sight of the fact that he is innocent and try to have faith in the system.

It is frightening to think of the worst case scenario - However, I think about it constantly.

One minute I'm positive, thinking how ridiculous this situation is and how there'll be no way this can go any further...
The next I've got myself in prison for 15 years!!

I'm still not sure as to whether I should approach another solicitor before my bail date as at the moment there's probably not much they could do.

Any further help and advice would be greatly appreciated!!

[NOHOPE]

well dont think im experienced enough to give advice but according to most on here it is better to get one that has an expertise in this area. and yes i am positive but sadly my husband is not so he is still stunned the same as you that has got this far and now is fearing the worst, ha but we thought the worst was 5ish years not 15. like everyone sayd some days re good some are bad and im sure we all have very good and very bad days to come wish we could either turn the clocks back and start again or turn them forward so we know the outcome and start to deal with it. life is such a mystery at times god knows what we have done to deserve this. has your wife decided to join the forum im sure if she comes on and just reads the posts she will soon find herself telling her side i was reading it for a few days and then decided to post and so glad i did.

[sickasaparrot]

it doesn't matter how experienced you are, any advice at all is welome - so thank you!

My wife has a different coping mechanism. She is trying to carry on as normal and block it out as best as possible. We talk about it together (when the kids have gone to bed) but she would find it difficult pouring her heart out here.

I have been keeping her informed of the posts and the good advice that has been offered but she is the positive one and is still holding out for the hope that this will be resolved before going to court.

Still worried sick - even though I know it is out of my hands!

[gem]

Accused of rape

just to give you a small piece of advice on duty solicitors. my son used the duty solicitor for his trial. the solicitor engaged the wrong type of barrister for my son.s trial he was not an expert with rape trials, we never knew this until after the trial and my son was found guilty. but we put our trust in the British justice system .. never again.my advice is get a solicitor who deals with sex offences and do it now ..

[NOHOPE]

hi
the solicitor we have got was not the duty solicitor even though i understand he does do that. my husband rang some were think it was law society not sure and they gave him his name. i have been to see this solicitor with my husband and told him in no uncertain terms we will not accept anything less than 100% from him and if we think it is less we will shout from the rrof tops until we get it. we have also told him we know he has other clients but when we are there we want his full attention. obviously never going through things like this it is hard to know what to do for the best i suupose go with your instinct and at present i like what im seeing and hearing from him.

[gem]

Accused of rape

oh good for you make sure he gets an expert barrister that deals with rape ..

[sickasaparrot]

tricked by police?

On returning from the Police station - 2hrs away from my hometown, and at 10:30 on a Friday night, I recieved a call from the Officer who had interviewed me.

She stated that Because of my line of work, this was deemed a "notifiable profession".

She had forgotten to get my employers details and requested them immediately. I told her all details straight away. I was informed that my employers would be notified of the accusation - yes still an accusation, first thing on Monday morning.

I then arranged a meeting with my line managers before work started on Monday and told my employer of what they were to expect as I didn't want the first they heard to be from the police.

Anyway, I have been "suspended" from work (without predjudice) and I am not to discuss or contact any of my colleagues - many of whom are my friends.

My bail date is 5th December but from reading comments, this could go on for quite some time.

I am at my wits end - my union has "stongly advised" against this action, but after consultation it has stood!

Incedentally, two weeks later the Police have still not been in contact with my employer!

I don't know what to do.

[Rights Fighter]

Show this to your solicitor:

CONFIDENTIAL INFORMATION — Disclosure — Police — Disclosure of non-conviction information to prospective employer — Whether disclosure of information in enhanced criminal record certificates under statutory scheme governed by common law principles — Police Act 1997, ss 115, 119

R (X) v Chief Constable of the West Midlands Police [2004] EWHC 61 (Admin)

QBD: Wall LJ: 23 January 2004
Nothing in ss115(7) or 119(2) of the Police Act 1997 demonstrated Parliamentary intention to disapply the rules of natural justice or procedural fairness when disclosing confidential information. Principles relating to disclosure needed to be applied all the more stringently (a) where the information dealt with a person who had not been either convicted of a criminal offence or found on the balance of probabilities to have committed an act of indecency by a judge in civil proceedings and (b) where the identity of the person who was alleged to have committed the act was in issue.

Wall J so stated when granting the claimant, a social worker with no criminal convictions, judicial review by way of declarations and an order quashing the decision of the Chief Constable of the West Midlands, dated 3 March 2003, to provide to a potential employer information contained in the "other relevant information" section of an Enhanced Criminal Record Certificate ("ECRC"), issued pursuant to s 115 of the Police Act 1997, concerning allegations of two acts of indecent exposure with which the claimant had been charged but where the case had been discontinued when the alleged victim had failed to identify the claimant during a covert identification parade. The grounds of challenge alleged procedural unfairness and that the substantive criteria for lawful disclosure which had to be satisfied under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the common law had not been met.

WALL J said that Part V of the 1997 Act created a statutory scheme for access by prospective employers to the criminal records of, and certain other information held by the police relating to, potential employees applying for positions which involved, inter alia, caring for or being in sole charge of children or vulnerable adults. An ECRC was defined in s115(6) as a certificate giving the prescribed details of every recorded relevant matter relating to the potential employee. By s115(7) the chief officer of every relevant police force was obliged to provide any information which, in his opinion, might be relevant and ought to be included in the certificate. S119(2) required compliance as soon as practicable. Guidance notes issued by the Criminal Records Bureau gave only limited assistance as to the manner in which the test of relevance was to be exercised.

While there was a very wide and apparently subjective discretion given to chief constables by s115, on the principles set out in Pierson v Secretary of State for the Home Department [1998] AC 539, 573 there was nothing in the statutory language to exclude the operation of the common law, so that the principles in R v Chief Constable of North Wales Police, Ex p AB [1999] QB 396 and R v Local Authority and Police Authority in the Midlands, Ex p LM [2000] 1 FLR 612 applied. The fact that s115 of the 1997 Act was clearly designed to meet the pressing social need to protect children and vulnerable adults from abuse by those employed to care for them did not mean that disclosure of additional, non-conviction information under s115 was automatic or that it was not surrounded by the stringent conditions of natural justice and procedural fairness.

What was required was that a chief constable should form his opinion that the information was relevant and should be disclosed because, viewed objectively, it was, taken as a whole, reliable. Here, where a proper analysis of the two critical issues, the identification of the claimant and the effect of disclosure on his employability, pointed strongly against disclosure, there was no evidence that those factors had been properly considered. Furthermore, since R v Secretary of State for the Home Department, Ex p Doody [1994] 1 AC 531, 560 had made it clear that the importance of consultation and the right to make representations were widely regarded as a basic aspect of procedural fairness in public law, the failure to afford the claimant the opportunity to make representations on the material it was proposed to disclose made the decision to provide the information procedurally unfair.

[RFLH]

Thanks for that RF.

[sickasaparrot]

Thank you for giving me your time and for posting this, Rights Fighter!

Just got back from a day out with the family. It's difficult when every few minutes you are thinking things over and over! I'm just trying to get on as best as possible - with limited success!

Do you think that the Police had maybe decided that they didn't need to notify my employer? Have I shot myself in the foot by declaring this accusation to them?

In the meantime I'm left at home all day. I'd much rather have the distraction of work.

[Rights Fighter]

..................Do you think that the Police had maybe decided that they didn't need to notify my employer? Have I shot myself in the foot by declaring this accusation to them?

I have no idea what the police might have decided or not decided to do, but maybe you could have asked advice on here first. However, what is done, is done, as they say. It's pointless agonising over it.

[Raptorace]

Hi suckasaparrot

Buddy I feel your pain. One drunk slip up after 18 years with my wife, also I was suduced by the girl but when her partner challenged her about comming home at 6am she clamed rape! Brilliant isn't it! I was also exited from my work, and I would advise you find something else to fill some time and distract you. Also see the gp if your really panicking or not sleeping, they are there to help. Lastly don't make the mistake I made by letting it ruin your life. There is a very high probability this will just be NFAd but it's going to take quite some time.

[sickasaparrot]

Hi Raptorace,

Thanks for the advice - I'm trying not to let this affect me too much but as I'm sure you're aware there's no real getting it out of your mind. I have resolved to carry on as normal especially as far as the kids are concerned - they're young and I don't want them to see how upset their Dad is!

I want to avoid going to the Doctors if possible although I haven't ruled out the possibility if things get worse.

I guess we have to hang on in there and hope things will turn out alright in the end!