Just going through this now and dont know where to turn.

[topgun79]

This week I will be called into the police station for question on rape allogations to my wife of 8 years, she has accused me of rapeing her for the last 4 years, I know I am innocent and dont think it will be taken any further. Obviously we are going through divorce proceding now, the reason she accused me of rapeing her is bacause I caught her having an affair with another man. I went to the police as she was spreading these allogations around my daughters school and friends and neighbours. I wanted them to tell her to stop or make formal charges (they didnt). Things got worse as I tried to take my daughter out of school and because my wife wouldnt talk / listen to me school said should we call the police, I agreed as it is what I wanted from day one, She has changed her story 5 times, she has been on strong anti-depressants for 6 years which I believe caused her to have dalusions.

I would appreciate if anyone could help with any of the following questions.

1. I have heard of support groups like rape crysis etc for rape victoms but is there a group which will listen to my story it is very long to type all above, my solicitor will listen at £250 per hour but I shouldnt use him as a type of councillor.

2. Can I get compansation for the pain and hurt caused by my wife, I had to take 3 months off work with depression, I attempted suicide and had to go into hospital, all because of the stress she had put me under.

3. With the divorce she is going to try and get half of everything, house/car etc can I use the rape allogations to counter to divorce as she has put it in the divorce papers which will be proven as lies.

I have spoken to my GP/School/Social Services/My Solicitor and given my side of the story and I have been open and honest since the start but I am still finding it difficult as I have to see my wife every week for access to my daughter which she is only allowing me 4 hours per week and tells me I have no rights as my daughter now lives with her. I dont think it is fair waiting months to get proper access/custody when I believe my daughter is being abused by her.

Thanks for any replys

[fighter]

hi topgun,
Welcome to the forum. I am sorry to hear about your story. To answer your first question, there is the FASO (false Allegations Support Organisation) and you can check their website at http://www.false-allegations.org.uk, they also have a national helpline. Margaret has helped us a lot particularly in the earlier stages of my partner's case.

This forum also is very helpful; as it allows you to be with people who are in the same situation as you. You can read through the threads, ask questions and support other people. I cannot answer numbers 2 and 3 questions but there are some experienced members who would be coming in later and help you with them.

Be strong.

[Casehardened]

Hello and welcome to the forum although it’s unfortunate that you needed to find your way here.

If you have time read through a few of the threads and you will see that sadly your situation is not unique; when a marriage goes wrong some wives do use the rape card as a weapon.

As you’ve surmised the initial problem is the break up of your relationship and for this reason I think your divorce will happen regardless, with all that entails in regard to asset sharing and contact with your daughter.

It would probably be better to get the rape allegation out of the way before divorce proceedings start or this could be used against you (but don’t know if you could get these delayed) but then this will mean you are in limbo for much longer; but I suspect that the allegation, whatever the result, will not affect the financial settlement. This will be assessed according to the usual formula.

As for getting compensation, again this is a question that often comes up in the forum, the usual answer is that there is no ‘statutory’ compensation payable for a false rape allegation (by now you are probably thinking the dice are heavily loaded in favour of women!) the only route is to try to sue her privately for your distress and loss of earnings; unfortunately this would probably swallow up your share of the assets with no guarantee of a win in court or getting an award against her (bearing in mind she will be looking after your daughter!)

Best to put it behind you and move on, hard as this seems.

To end on a positive note, I don’t see the rape allegation going anywhere: it is going to be too difficult to explain, after 4 years of the rapes allegedly occurring, why your wife has waited until now, after you confronted her over the affair, to accuse you. I note that the police were reluctant to get involved and personally I think it was a mistake on your part to insist on this as they will now be obliged to go through the procedures and consult the CPS.

However, please still take it seriously and do instruct a solicitor experienced in false allegations to attend your interview with you.

Hopefully other members who have been in your situation will be able to offer some support

[topgun79]

Thanks for your support

thanks for the replys, I do feel so alone I have told family and friends everything but they havent been though it and cant give advice from experience. I do not have a solicitor for the rape allogations just one for my divorce, I do not qualify for legal aid and its costing me an arm and a leg for the divorce. I will read more posts and read all the advice I can.

Thanks again

[Rights Fighter]

Hi topgun and welcome to this forum.

May I ask whereabouts in the UK are you from? Just the county will do.

Why do you believe that you are not eligible for public funding for a criminal trial? The rules are way different from civil (divorce) cases.

[topgun79]

NW England

I'm from the north west england, I have never been in trouble in all my life never spoken to a solicitor before, never spoken to the police before. I dont qualify for legal aid for the divorce so thought it would be the same for this. I dont know my rights all I know is i'm innocent and I dont want to pay for a solicitor I earn 30K per year but dont have savings.

[Rights Fighter]

You might qualify for legal aid. If you do not, check out the solicitor (who I work for). He is in the North West.

http://www.chrissaltrese.co.uk ~ Chris Saltrese solicitors - specialists in defending and appealing false allegations of sexual offences.

They might be able to advise you whether you are eligible if you give them a quick ring with your income details.

[JamieG]

You work in North West?

[Rights Fighter]

Not me, I'm on the south coast. Chris is in Southport though. We work nationally.

[topgun79]

i'm from Manchester

I have lived and worked all my life in Manchester, if you know any good solicitors which do legal aid and work on these cases I will give them a call.

Thanks again

[Rights Fighter]

Correna Platt, Stephenson's, Wigan. Barrister of choice Mark Barlow

[fighter]

topgun,

here is a bit of information also on legal aid.

http://www.adviceguide.org.uk/index/....htm#legal_aid

look for the part on financial conditions which they have divided on if you are on benefits; if you have income and you have capital.

[fighter]

opps go down to the section on legal aid for criminal cases; it also says that solicitor will tell you if you are eligible; but am sure the one he told us is very similar to that one on the financial conditions.

[topgun79]

Doesnt look like I will qualify

think I am earning to much to qualify but maybe able to use my trade union for support and free legal advice will contact them tomorrow

[Casehardened]

think I am earning to much to qualify but maybe able to use my trade union for support and free legal advice will contact them tomorrow

If it does turn out that you need to contribute towards costs, from the LSC's website:

http://www.legalservices.gov.uk/crim...ligibility.asp

If your client fails the means test and their case is in the magistrates’ court, they will not be given legal aid and will be expected to pay for their costs privately.

If your client is facing proceedings in the Crown Court the means test will determine the amount they will need to contribute towards their defence costs; this could be from their income, their capital or a combination of both. If your client is found not guilty, any payments made will be refunded with interest. However, your client still has the right to choose to decline legal aid and pay for their costs privately.

If your private paying client is found not guilty, they can apply to reclaim some or all of their defence costs from central funds. This is a separate source of funding from legal aid that is managed by the Ministry of Justice.

The maximum that can be reclaimed is the same as would have been paid by legal aid.




I suppose that, being pragmatic, if a defendant is actually found guilty of such a serious offence, having signed away assets and salary is well down the list of concerns