Accused of Rape - Date Rape as some say.

[123]

Hello Every one, First Post - I feel guilty asking so much in my first post but you will understand that I had no knowledge this site existed.


I now know how you guys must feel, I know what I am going through and grateful for this site.


I have been accused of Rape – I am male, she is a female, we are in our 40’s and have known each other for a while.
I will keep this short, sweet and factual.

We had sex in my home, later had an argument. I told her to leave, she did and then a few hours later the police arrived and arrested me.

First I was examined by the doctor, the police officer was present, he took DNA samples. Then the doctor asked the Officer if he wanted any other examination and the officer said “no” I then asked the doctor if he would look over my entire body which he did.

Then I was interviewed without a solicitor, which lasted just over an hour. The interview was fine, I answered all the questions confidently, there were no contradictions and I was not asked the same questions again and again. It seems that they were just interested in my version of events.
I was told that our accounts were similar, main differences being
She says she sat on the sofa drinking coffee – She was sat at my dining table drinking vodka.
I told them that all they could fingerprint the cups, glasses, and glass dining table to establish who sat where and who was drinking what. He said that they would do that but asked me to tell him – I did. When I got home I can see that they have taken fingerprints from some cups and glasses but not all.

She says that she was sat on the sofa drinking coffee, I pinned her down.......... she said “What are you doing” and tried to fight me off/ push me off/away – cannot remember the exact words now.

Sometime after the interview the same officer came to the cell with a photographer and wanted to take several photos of my hands in colour and black & white, and a picture of my back. The officer is aware that my hands and back are unmarked, no cuts, swelling, bruising – nothing because he was present at the medical examination with the doctor. I asked the photographer again if there was anything on my back and he said “I can’t see anything” and showed me the picture.

I have not been charged and released on 2 week bail which has again been extended by 2 weeks pending enquiries.

These are just a few things that I don’t understand fully so my questions are:
They bothered to fingerprint cups etc that belong to me in my house – what does that indicate to you ???

Why put so much emphasis on my Back and Hands, long after interview when he clearly knows that they are unmarked and a doctor has confirmed that, no mention of either in interview???

My bail is without any restrictions – is that normal?

They have my phone and after nearly three weeks they still have not looked at it – Are they not in a hurry to get to the facts.???

What line of enquiry can they be waiting for???
Dna evidence is not disputed so of little use at present???
Medical / Physical examination of me and her have surely been presented by the doctors long ago???
Fingerprints – surely the have the technology to process them in minutes???
Would they want to talk to me or her again ???

Thanks
.

[fighter]

hi 123, welcome to the forum and sorry to hear about your story. I cannot answer all your question but some experienced member will be coming on later and will be able to answer your questions.

I guess bail without restrictions is a good sign. Two weeks of bail is much shorter than some people get here. Some people get it even for 4 months. The police investigation takes time I think ; remember you are not their only investigation.

just hang in there and keep on checking the forum. You may read other threads and you may see similar case to yours.

[lawlessone2009]

They bothered to fingerprint cups etc that belong to me in my house – what does that indicate to you ???

They are strangely attempting to carrying out a proper investigation. I would read it as positive.

Why put so much emphasis on my Back and Hands, long after interview when he clearly knows that they are unmarked and a doctor has confirmed that, no mention of either in interview???

It's evidence that a struggle most likely never took place. Hands and backs get scratched normally, especially if you were arrested so soon after the alleged incident.

My bail is without any restrictions – is that normal?

Yes and no. It's probably open to see what your actions are. Don't attempt to contact the accuser in any manner and report any attempts by her to contact you.

They have my phone and after nearly three weeks they still have not looked at it – Are they not in a hurry to get to the facts.???

They're never in a hurry for anything... They'll keep it forever after and most likely loose it... I'd buy a new one.

What line of enquiry can they be waiting for???

Give the accuser time to drop her story, wait on background intelligence on the two of you, see if anyone else suddenly comes forward accusing either of you of anything... Possibilities are endless...

Dna evidence is not disputed so of little use at present???

They'll take it anyway as they will add it to the database... FOREVER. Whether you are cleared or not it will be on A database somewhere. It can also be quickly compared to other unsolved cases of rape where DNA was gathered.

Medical / Physical examination of me and her have surely been presented by the doctors long ago???

Probably. Depends on what was actually being examined. Makes little difference to the Police investigation as you've clearly admitted having sex, she seems to be indicating it was non-consensual so not sure what use a medical is other than to capture bruising etc. The dispute is over whether it was with consent or not.

Fingerprints – surely the have the technology to process them in minutes???

LoL... Yeah. Police have readers in cars now.... For instance...

Would they want to talk to me or her again ???

They will take the initial statement from her, then you and then go back and question her on irregularities (probably after the finger prints etc are processed). where it goes after that is anybodies guess.

[Saffron]

Lawlessone is right in what he says.

2 weeks is a very short time to be bailed, and even extended for a further 2 weeks, it is still very short. Many members here have been on bail for months; some ven over a year before being charged or NFAd (NFA means No Further Action).

With regard to your phone, this is quite normal. The police have a long list of technological items waiting to be examined, and there is a huge backlog. Buy a new one. It is unfortunate that they have taken it, but there isn't anything you can do now apart from wait for them to have finished with it and then ask your solicitor to look at it. If there was anything on there that may have helped your defence it could well have been deleted by now. If you are charged you should ask your sol to instruct an expert to retrieve any info.

If she is claiming that she "fought you off" then there would be physical evidence of a struggle. So soon after the "assault," forced penetration would usually leave some signs, and a physical struggle always does.

Have you got a specialist solicitor on board? If you used the duty sol I would urge you to look for a specialist one. It would need to be someone experienced in successfully defwending false allegations of sexual assault. A standard criminal sol will not do.

No doubt others will be along soon, but in the meantime Welcome.

[billykickass]

Yep i agree speak to a specialist solicitor 5 minutes on the phone with one will make you feel the world better. I got charged yesterday and my duty solicitor was already talking about pleading guilty even tho all along they told me it would be dropped.

My words to him were there is no way i will ever plead guilty.

But anyway glad your here mate (well not really) but your in the right place amongst friends now.

[hurley11]

Takes time..

It all takes time, my bailed lasted the whole 3 months, i was told NFA the day before i was due to attend the police station.

Everything from my computer, ipods, phones, cameras were taken and were given back a week or so after i was NFA'd.

My bail had no restrictions too, the OIC just said he was trusting me not to go near my wife whilst the investigation was taking place.

It all takes time, get ready for that, read my post and others to give yourself an idea of what to expect.

All the best ..

[largactyl1]

Hi there, just wanted to say hello and that you are in the right place for advice, answers and generally letting of steam.

Tony was on unrestricted bail for 4 months before he had his NFA, he did everything he could to keep away from his accuser (basically he didn't go out until I dragged him shopping - where sods law being what it is, we ran into her father who siad "Hello Tone" rather than doing what I would do if my daughter had accused someone of rape - although by that time we realised she had accused someone else as well taking the score up to 8!) He did get a large number of silent phone calls during this time - as did I.

Basically if your bail is unrestricted it means the police can't see you as a risk - and with a serious crime like rape it shows they must trust you not to do it "again" (although obviously you didn't do it in the first place.

Sounds like police have been unusually thorough what with all the photo's and finger printing. Re. phone, as others say - buy a new one, even if it's just a cheapo just to see you through. It took months for Tony to get his phone and computer back, clearly you are probably not a priority person in the lab that deals with such things.

Good luck to you
Kind wishes
Jen

[lawlessone2009]

PS: Welcome to the forum...

My clinical reply forgot that little detail...

Hopefully you'll come out the other end a free man but in the meantime gather as many snippets of information as you can as you may need them.

Ask as many questions too, everyone's here to chip in their two pence worth and hopefully relieve you of some of your stress and strain.

Unfortunately you'll not receive quite the same treatment as your accuser and any information you receive from the Police will be limited to times/dates/action. What the authorities should really have is a 'Now you've been accused, this is what to expect' booklet explaining all the processes and results involved but it looks like you're stuck with us and a solicitor... Not all bad I suppose...

[123]

Wow - I am overhemed by the response, so much so soon. Glad I found this place. Thank you - all of you. Will post again tomorrow - too much sauce tonight!

thanks again

[123]

Got a phone call from the OIC earlier to say I could collect my phone this afternoon, I told him that I will leave it till Friday when I answer to bail. He was confused at the fact I was happy to wait. ???? I got a new phone the day after my release.

I asked about any developments and he said "nothing I can discuss with you now"

If I was a DC and faced with a rapist, would I take time out to call him to tell him he can have his fone back ????

[Saffron]

All police forces operate in different ways. You might have got a decent DC (there are some out there) or they might be trying to gain your confidence in the hope that you will "confess". Don't trust them, not a single one. Sorry if that sounds cynical.

I think that if you are basically a decent person, you expect other people to be decent too. Prepare to disabuse yourself of this notion right now and do not trust Plod to "do the right thing". Hubby was released from police custody on unconditional bail and was even allowed to go on holiday to Spain. Why wwould anyone let a rapist go wandering around the local community, and even wander round the Costa Brava?

Forewarned is forearmed. My hubby was reassured by the DC that "everything would be OK". B0ll0cks. That was before he was charged. Hubby ended up serving a prison sentence.

[123]

Saffron - my new friend

I know. I will be carefull
. I have not and will not do anything wrong

[felix]

Be very very careful of plod! He wants only to get you charged, not clarify anything. Guess you had a simple phone and a "child" at station was able to access call record and review texts. Mine was a 'jail broken' highly modified Android and I am unsure how far they got with decoding it - they held it for 5 months. City forces are tougher and slower than some other forces. I cannot say that "no conditions" is good or bad. At my station the custody sergeant was told by the OIC "officer in charge" to come up with three bail conditions. Not onerous and negotiable.

[123]

[QUOTE=felix;22840]

Be very very careful of plod! He wants only to get you charged, not clarify anything.

This is something I have heard more than once now, the OIC is very nice to me, calling me and taking my calls when I ring - He does not give anything away though. When he rang me yesterday to tell me I could get my phone, I said to him that I would get it on Friday when I answer bail, he had forgotten about that and could not even confirm if he was going to be there himself, was not even sure of which police station (Original station closed for refurbishment so have to attend another nearby)

Guess you had a simple phone and a "child" at station was able to access call record and review texts. Mine was a 'jail broken' highly modified Android and I am unsure how far they got with decoding it - they held it for 5 months.

Mine is a Blackberry Torch Smartphone, I use it for emails etc. For sure it will show the times I have called her which is fine, I cant think of anything that will go against me - unless of course they try to twist innocent stuff ie emails from dating sites

City forces are tougher and slower than some other forces. I cannot say that "no conditions" is good or bad. At my station the custody sergeant was told by the OIC "officer in charge" to come up with three bail conditions. Not onerous and negotiable.

I was told by a barrister friend that he was "Astonished" at the lack of bail conditions. I since find that this is not the case. When the OIC bailed me it was him that told me there were no conditions (it was not an oversight) however he did advise me verbally not to make contact.

[Rights Fighter]

If you look through the threads you'll find that several people have unconditional bail. it's not that unusual esepcially if the accuser lives some distance from you.