Historic, and false, allegation of sexual assault

[Faith]

Hi all

I am just seeking some thoughts and advice on the ordeal I am currently faced with. Sorry if this is long winded, it is all very complicated.

I work in a school and was recently informed by the LEA child protecion officer that a historic allegation had been made against me. I was suspended on full pay. Two weeks later, the police came to my door and informed me that somebody had alleged that I had sexually assaulted her twice by touching her over her clothing and kissing her while she was 14 and I was 18. At the time she alleges this happened, I was a volunteer doing work experience at her school. I had been given no child protection or safeguarding training, no induction or advice of any kind so I admit I came into the situation somewhat naively
I will put the facts bluntly as I don't want to identify myself by going into too much detail.

The young person came to me with a problem which I tried to help her with. She had my mobile number and she came to my address twice. One time my family were in, the other they werent. All that ever happened was that we talked about her problems.

Her mother later confronted me, saying that her daughter said we were in a relationship. We talked it through, the daughter admitted it was untrue and I actually became friends with the mother. I was going through depression and therapy at the time for seperate issues and the mum became a good source of help to me. We had an on/off relaionship which I later broke off when it got too sexual, as I was a virgin at the time. I got a new partner but as soon as she found out, she again accused me of having a relaonship with her daughter. I went to the school and told them why I didnt think I should do voluntary work anymore. I told them my side of the story which they were very understanding of. I heard no more.

2 and a bit years later, the daughter got back in touch and apologised for everything. Me and my fiancee eventually forgae her, figuring she had mature. We took her in for several weeks after she fell out with her mother. Again, she admitted and apologised in front of us that she had made up the claims under pressre from her mother who had a grudge against me. She began telling further stories which we found to be lies which included claims of violence, forced drug use, abuse, neglect and illness and evetually we asked her to leave as it got ridiculous. She went home to her mother and they made up.

A month later and I am suspended from work and then arrested for sexual assault.


I wasn't charged and am now on no-conditions police bail until February. My duty solicitor has kept the case but doesnt seem very active in building any defence. She has said she will get in touch when the date is nearer but I am now worried that I am sitting here twiddling my thumbs whilst all sorts could be going on behind the scenes against me.

I am also worried that giving a no comment interview may go against me. My fiancee is to be interviewed next week however, so she may be able to get across some of the things I was unable to.

I am worried that I will get charged with this and lose my job and then have to go through another awful stage of the process. I dont even want to accept a caution as this will end my career and I haven't done anything wrong.
How likely do people think (I know it's hard with limited information) that this will result in a charge?
I had hoped they might drop it as there isn't much evidence at all but I am getting less and less sure.

I just wanted some advice/support, particularly with the following queries:
-Is it likely to lead to a charge?
-Was my solicitor right to advise me to give a no comment interview
-I recently found out that the girl made a very similar accusation against someone who worked at her best friend's home (the same friend who has given a statement) Is there a way I can use this?
-Am I legally allowed to make contact (either myself or through a solicitor) with this friend to warn her of the consequences of making a false statement?

Anything else people can add or suggest would be much appreciated

[Casehardened]

Hello and welcome to the forum.

You obviously have lots of concerns just now but I’ll try to stick to the salient points you mentioned.

Firstly, unless you are charged, the solicitor only gets paid for attending interviews with you so naturally won’t be able spend a lot of time working out a defence (which may well not be needed!) Obviously there is nothing to stop you paying privately for a solicitor’s advice but again, it may not turn out to be necessary. You may find it helpful during the waiting stage to plan a defence yourself, after all you are the best person to do this; if the worst then occurs you can then run this past your solicitor for them to fine-tune.

The advisability of a no-comment interview is up for debate; the police /CPS are likely to think you are probably guilty because you have done this, but they are not on your side in any case. If your fiancée, in her interview, can put across the motives for the girl/her mother making the false accusations this should be helpful.

If the girl’s similar accusation is documented (i.e. was investigated by the police) it will be admissible and, if NFA’d, will be a powerful weapon. If it was made to one of her friends then it is hearsay and won’t be admissible. Incidentally do not contact the girl or any of her friends, this will count as interfering with potential witnesses.

Incidentally one concern I have is with regard to your computer: the forensic experts will obviously realise that this is a new one with no search history and report this back to the OIC ; is the old one still around to be examined?

Try to keep positive and of course this is a good place to share concerns, but remember to keep it anonymous.

[Faith]

Thank you for your advice, which is very helpful.

The previous incident at her friend's home was not reported to the police but did involve not just the friend but the girl's mother and the friend's parents.
I hoped that it might show the girl has a reputation for making such alegations as the circumstances of the assault are almost identical to what she alleges I have done.
I hoped that if that combined with my girlfriend putting across the various different stories she told while she stayed with us which turned out to be false as well as the motive, it might show she is an unreliable witness.

Thanks also for your advice in regards to myself or a solicitor getting in contact with the friend. I thought that if she were warned that she can get in trouble for making a false statement she might think twice but I can see how that could look bad. I just assumed that as I have no bail conditions then I would be allowed to do this to help me build up a defence

As for the computer, it was thrown out quite a long time ago so it isn't available to be examined. My girlfriend is assuming she will be asked about the computer so she will be able to let the OIC know this when she is questioned. I obviously wasn't able to as I gave a no comment interview.

Thanks for your help

[Casehardened]

The previous incident at her friend's home was not reported to the police but did involve not just the friend but the girl's mother and the friend's parents.
I hoped that it might show the girl has a reputation for making such alegations as the circumstances of the assault are almost identical to what she alleges I have done.
I hoped that if that combined with my girlfriend putting across the various different stories she told while she stayed with us which turned out to be false as well as the motive, it might show she is an unreliable witness.

As for the computer, it was thrown out quite a long time ago so it isn't available to be examined. My girlfriend is assuming she will be asked about the computer so she will be able to let the OIC know this when she is questioned. I obviously wasn't able to as I gave a no comment interview.

Hi again,

There is absolutely no problem with your girlfriend mentioning this incident in her interview; anything that highlights the girls unreliability is useful to you and hopefully will influence the police/CPS in the outcome. (I was jumping the gun a bit and considering the admissablity of this in court)

Also, to play Devil's Advocate again, (but it is best for you and your girlfriend to be prepared for this) an obvious question from the OIC regarding the computer is "In view of the allegations the girl made regarding the searching history on your old computer why did you replace it?"

[Faith]

Hi there.
With regards to the computer it was changed several weeks before we heard of any allegation so her response would be that we werent expecting to be accused of that. My solicitor says that it's perfectly normal for people to buy a new computer and even if police thought it seemed suspicious, there would be no evidence to suggest it was. Hopefully she is right. The new computer was bought purely innocently and he old one was quite virus ridden. Suspiciously ever since the accuser had access to it but that's just speculation

[Rights Fighter]

Faith - I don't know whether you have heard of FACT: False Allegations against Carers and Teachers www.factuk.org

These specialise in historic allegations made against a carer or teacher. The solicitor I work for is one of their lead solicitors. You'll find the link to his website in my signature.


I note you say that your old computer was "virus ridden". Viruses and Trojans are renowned for downloading unwanted filth onto hard drives - a good forensic expert would be able to prove - should anything be found on such a computer (if said computer can be found!!!) that these were never accessed and could NEVER have been accessed.

[Faith]

I never knew that about the viruses that's quite reassuring. Wed never had viruses before until suddenly this girl came to have access to it. Before long it was almost unusable because of viruses.

I have been on fact and spoke to a man on the helpline who was very reassuring and helpful though I'm not quite sure what fact is. Is it a solicitor company?

[Rights Fighter]

It's a support and lobbying/research group - not solicitors. However I will reiterate that the sol I work for is well known to FACT and has been very helpful with some of their members. Friday just gone a trial that was due to be heard at the end of this month was suddenly dropped. This was not a FACT case (it's a domestic case) but that solicitor does seem to have a pretty good record for this.

You can download from the FACT site their newsletters - if you look on the right hand side of the site you'll see a list of recent years Faction newsletters.

[Faith]

This solicitor you're talking about; is it the one in your signature?

[Rights Fighter]

Yes. When you ring say you are a FACT case. I will alter my private message setting so you can contact me directly.

[Rights Fighter]

Looks like you cannot bypass the rules of the forum to PM members for five days.

[Faith]

Thank you I have been reading their website and will get in touch. Do they work nationally? Try are based quite far from me. Thanks again.

[Rights Fighter]

Yes they will work nationally. Not long ago they were involved in a trial in Lyme Regis! The trial that was suddenly dropped on Friday was in Derby. He's also assisted on Isle of Wight and done appeals for people in Scotland...............thank the Good Lord for t'internet!!! I am on the south coast and offer support from here.

[Faith]

I will definitely get in touch. Many have advised to wait and see if I get charged before paying for legal support but I can't afford that. A charge or even a Caution would put an end to my career. I want to fight this now to ensure that the cps are more likely to throw it out

[Rights Fighter]

Absolutely - this is why I am going against my usual "norm". I have emailed a moderator to ask them to ask you to give me your email address so I can assist you further. Post nothing up here as this is a public forum.


Just had an email from one of the mods (RFLH) who says that you will need to contact her by PM (I don't think you can do this though just yet). However, if you can please do so. I can't see how this would work though otherwise others would be doing the same thing to get free "advice" and taking up her valuable time........

Try it anyway.....others attempting this without prior arrangement will be ignored by the way