Accused of Sexual Assault and stuck in limbo....

[StuckinLimbo]

hi, i really dont know how to feel about this, this nightmare has been surrounding me for a week. i cant eat sleep or enjoy anything at the moment with this hanging over me...

last week i was arrested whilst on a night out held in a cell over night and interviewed in the morning before being realised before lunch, i have been accussed of sexual assault, grabbing someone then punching them.... problem is i was very intoxicated and can not remember this happening, even when the police interviewer read out the victim statement i was in complete shock and cant believe i would do this... usually when on a night out and somepne tells you what happened you begin to remember things but this is a complete black out.

i have contacted a solicitor but i havent discussed anything with them they are meeting me when i have to return to the police station for a video I D parade as i was arrested on a description. my problem is the police say they are looking at cctv images to see if they can find anything, can i contact them to find out how the investigation is going ?? they also have a witness statement but the victims and the witness statement i was read differ in descriptions of me...

im hoping it is mistaken identity but im not that lucky so i have to prepare for big shock... this isnt something id do and im bricking it all, friends family and fiancee know id never hit a woman, this is the bit kiling me.

any help or advise would be very appreciated

[Rights Fighter]

Best not to contact the police at all. Check that the solicitor who attended at the police interview has experience in defending this sort of offence.

I seem to remember a case that was successfully appealed because there was no other evidence apart from the word of the accuser and the defendant could not defend it in any sense as he had no memory of it plus there was so many good character references from people who could not believe this was in him to behave like that. It's unusual for such an appeal to succeed but in the particular circumstances of that case it worked.

If you are alleged to have punched somebody it is likely you would have bruised knuckles. Is there anybody who can attest that you displayed no signs of having been in any sort of a scuffle immediately afterwards?

[JamieG]

If there is difference in descriptions between statements hopefully you won't be IDed. If you know you haven't done it and they have CCTV of someone doing it then you're off the hook.

Hopefully the CCTV evidence will prove you innocent.

[StuckinLimbo]

well, the police didnt take any pictures of my knuckles or anything so im unable to prove i have no scuffs etc... i didnt have any cuts etc or sore fingers or any other signs of striking someone. i didnt have a solicitor during my interview... big mistake i know as i didnt know what i was accussed of... the police said they looked at council cctv and nothing showing the offence but i was in the area around the time of the event.

[Rights Fighter]

Unfortunately that does not always happen! It depends on the officer in charge and whether they will properly investigate the case or just collect evidence to ensure a conviction.

I have have assisted with too many appeals where CCRC was dodgy and the complainant's interview/statement was lacking or inconsistent in detail.

Hopefully the OIC will be one that does the job properly.

[Casehardened]

You say you were intoxicated and can't remember what happened: were you out in a group and drinking with friends?

If so, perhaps one of them would remember the events of the night, and if they confirm nothing happened, this would at least give you some reassurance while you're waiting for the police to complete their investigations.

[Rights Fighter]

well, the police didnt take any pictures of my knuckles or anything so im unable to prove i have no scuffs etc... i didnt have any cuts etc or sore fingers or any other signs of striking someone. i didnt have a solicitor during my interview... big mistake i know as i didnt know what i was accussed of... the police said they looked at council cctv and nothing showing the offence but i was in the area around the time of the event.

No doubt so were many other young men.......

Were you in the company of anybody at the material time?

Were you offered the use of a solicitor by the police?

Was the complainant under the influence of drink or drugs at the time - do you know by her statement?

[StuckinLimbo]

no i wasnt with anyone at the time, the group had moved on to another pub.

she wasnt drinking judging by her statement, which makes me hopeful it is mistaken ID as the witness described me and what i was wearing and distinctive parts wheras the victims is different, one says wearing a hat one says bold, one says this colour jumper one says a another,

im trying to get hold of people from the group to help but dont want to go around shouting about this...

[JamieG]

Sounds to me that you have been arrested along with a few others who fit the description. Think they have a long way to prove you guilty.

[Rights Fighter]

no i wasnt with anyone at the time, the group had moved on to another pub.

she wasnt drinking judging by her statement, which makes me hopeful it is mistaken ID as the witness described me and what i was wearing and distinctive parts wheras the victims is different, one says wearing a hat one says bold, one says this colour jumper one says a another,

im trying to get hold of people from the group to help but dont want to go around shouting about this...

The statement would have been written by a police officer taking notes while interviewing her so she could have been intoxicated. Or are you saying that she says she was not intoxicated?

[StuckinLimbo]

i dont think they have arrested anyone else due to the witness giving a detailed description of me...its just bloody unnerving...

will the police show me cctv footage if they have any or will it wait until im in court to see anything.... will they have photos of the victim to show any damages if there is any ?? alll this and more is weighing me down

[StuckinLimbo]

this is where it really throws me...
she says i did this whilst she was walking across the road with her 10 yr child... that makes it even more unbelievable that i would do something like that !! im angry as i dont recall anything like that happening and that i cant find out any info or see anything to show what did happen...

[JamieG]

Do you know this woman? She sounds like she has a vendetta on you. Doesn't add up.

What was she doing with a 10 year old out late at night?

[StuckinLimbo]

no i dont know who the victim is... i havent a clue what she looks like or anything...

it occured about 930 in the evening id been out since 2 drinking, so she could be out with her child,

[Rights Fighter]

So the 10 year old child would be a witness. The child should be ABE (Achieving Best Evidence) interviewed and you will, if charged, be given a transcript of this.

Do you know this girl at all? Does the name ring any bells? I ask as this could be a revenge grudge allegation.

She should have been medically examined for any bruising which she would have sustained, if the allegation she was assaulted, is true.