False accusation need advice please

[Lost87]

Hey guys i aint gonna give a brief account of the events i am gonna explain them in full so i can receive the correct advice on the subject....thank you.

So here it goes, me and my ex split up august 2011 we have a 3 year old son together so i was still going round to her address everyday from around 1pm till 8pm and we would make a effort as a family.

We were still sleeping together on occasion in the possibility we were to get back together anyways everything was going okay till there was a death in the extended family on the 9th feb my ex looked at her like a second mother so times became tough...

Now on the 9th my ex tried to get hold of me to no avail so she got her mother to babysit i had no idea and went to her address and found no one was there later finding out what happened and were our son was....moving on my son stayed at his mothers till Saturday 11th feb i had hung around with my ex as support through this time.

Anyway on the 11th it was agreed that i was to babysit our son while she went out for the day and did what she needed to do with the family but things got heated due to me wanting to take me son to me mothers which she disagreed with telling me he was too ill to go out (she has used this excuse before to stop me taking him out) so i questioned it a little and we started to argue and she stated that she will take him with her which fueled me because she previously told me that he was ill and needed to be home.

I arrived at the address as she was leaving and a huge argument started that scared our son she assaulted me in front of him which i was very upset about so i thought i would report it to have it on record and have her warned it was unacceptable behavior.

Moving on she wouldn't speak to me that night and i worried because my son wasn't home and her telling me he was ill i wanted to know were he was if he got any worse and that he was safe she wouldn't answer her phone so i rang her mothers and was threatened by her step dad which i reported and retired for the night.

The next morning a officer comes from a complaint of her saying i was harassing her so i signed a warning not to contact her (if i didn't he was gonna arrest me) he told me to take everything to the solicitors and that she would be warned too as well as her step dad.

Everything went well for the next day or so i tried to contact the police regarding the assault to see what had been done but they wouldn't tell me nothing

So to days later at 4am on valentines day i was arrested for 2 counts of rape 1 historical and 1 recent i was shocked not expecting that at all so i was taken in and locked up for 17 hours..

before i was taken into interview i was arrested again on another rape but the historical one wasn't mentioned after this so we (me and sol) gathered it was NFA on that one......

But the story goes.....on the 1st or 2nd of feb i was apparently at the address and coming into the bathroom asking stupid questions like were is his dummy and bottle etc and then after she was in the bath i apparently put our son in and then attacked her in view of him while he cut himself trying to shave.

The second accusation was on the 3rd i was supposed to have had a normal day and the later putting our son to bed earlier than normal then attacked her and he said "i wanna hit mammy too" then i was supposed to have left.

Okay on the 3rd we did sleep together was the first time since the 19th of jan
but on this occasion our son did attempt to shave when i placed him in the bath i caught him when returning from getting his PJ's (was a accident me or his mother didn't see the razor left under the sponge) i got him out the bath and checked his body for cuts and found 2 on his legs i showed his mam them and the got him ready and put him to bed.
Me and his mam slept together after that and at the end of it our son did say i wanna hit mammy she got upset and i went to him and told him that is very wrong.
we talked about it and agreed not to toy fight no more as this is when he normally says it as we were a happy fun fighty family...

As for the 1st and the 2nd our son was picked up by his nana at 3:30pm on the first and not returned till the 3rd and my ex went to her friends to drink with a new b/f she was hiding from me at 6pm both days i have convos on FB with us having convo while she is there and states she is there also the friends house she was at are willing to talk to the police to confirm.

so i couldn't have committed this first allegation since it was supposed to be in front of our son and at her address around 7pm she wasn't at her address and our son was at his nanas the evidence i supplied to the police (the convo) shows i wasn't around her till the 3rd...

On the 3rd i explained my side as above but the other evidence i handed in was the convo from FB regarding the 3rd as well were it shows i got home early and we discussed the events regarding our sons accident etc and then she went on to say "we shouldn't have done what we did we are supposed to be friends not f""" buddies" so we agreed not to sleep together again and put measures in place to avoid any more accidents then went on to talk about our feelings for each other.

And finally a further FB convo showing on the 10th that she asked me to come around alone at 9pm which i believed to be relevant...

What do you guys advise and what do you think will happen?

The FB convos clearly show lies will she be arrested for PCJ or will she get away with it?

Will they drop my bail then arrest her or will CPS decide first i don't understand what to expect...

Thank you

[gem]

hi welcome to the forum..
firstlt have you got copies of your fb conversations if not get them and keep them for your solicitor if you need one later down the line.police have a habit of losing evidence to their advantage. sorry you find yourself here .. others will be along soon with exellent advise ......

[Lost87]

Thank you for your response i do have the eidence saed on too flash discs 1 for sol and 1 for me which i will hide away no way is this evidence getting lost

[gem]

great stuff ...you are well armed

[Faith]

Lost87

Glad you have found this forum sooner rather than later although obviously very saddened that you have to be here.
Gem's advice is spot on...evidence from now on is between you and the solicitor. If anything goes to police you must have copies. Sounds like you're on the ball with this one.

It's a messy situation but your ex wife sounds like she is already tripping herself up. Being a divided couple there could be several motives for her actions (revenge, money, attention...all of the above!) Don't get lured into a false sense of security by police. Handing them evidence that something couldn't have happened on a certain date/time can just give them the opportunity to change the goalposts later and get your ex wife to change her story and put it down to the 'trauma'

How awful that she was brought your son into this, that is very wicked and says a lot about her maternal capabilities, if you don't mind me saying.
This must be a very frightening time.

It would be very rare, no matter how flimsy the case seems, for it not to go to the CPS. No officer wants to be the guy that risks kicking out a sex case so I believe that it will go to CPS.

You must find a decent solicitor and do it before charge. there's not much they can do before charge, unfortunately it becomes a waiting game but you need him/her in place straight away if that charge comes. They MUST be specialised in the filed of sex crimes. No alternative will do.

If your case was dropped, it would be unlikely action would be taken against your wife unless she either confessed or there was damning PROOF that she lied. Having not enough evidence on you is not enough evidence to say she lied unfortunately.

I would also advise you to go to your GP. This is a very traumatic time. Keep visiting here but avoid the horror stories, they are not necessarily an accurate representation of how these things turn out.

[Lost87]

Lost87

Glad you have found this forum sooner rather than later although obviously very saddened that you have to be here.
Gem's advice is spot on...evidence from now on is between you and the solicitor. If anything goes to police you must have copies. Sounds like you're on the ball with this one.

It's a messy situation but your ex wife sounds like she is already tripping herself up. Being a divided couple there could be several motives for her actions (revenge, money, attention...all of the above!) Don't get lured into a false sense of security by police. Handing them evidence that something couldn't have happened on a certain date/time can just give them the opportunity to change the goalposts later and get your ex wife to change her story and put it down to the 'trauma'

How awful that she was brought your son into this, that is very wicked and says a lot about her maternal capabilities, if you don't mind me saying.
This must be a very frightening time.

It would be very rare, no matter how flimsy the case seems, for it not to go to the CPS. No officer wants to be the guy that risks kicking out a sex case so I believe that it will go to CPS.

You must find a decent solicitor and do it before charge. there's not much they can do before charge, unfortunately it becomes a waiting game but you need him/her in place straight away if that charge comes. They MUST be specialised in the filed of sex crimes. No alternative will do.

If your case was dropped, it would be unlikely action would be taken against your wife unless she either confessed or there was damning PROOF that she lied. Having not enough evidence on you is not enough evidence to say she lied unfortunately.

I would also advise you to go to your GP. This is a very traumatic time. Keep visiting here but avoid the horror stories, they are not necessarily an accurate representation of how these things turn out.

Thank you, so your saying the evidence i have that clearly shows lies wouldn't be enough to convict her??? if they do change the day then she only has 1 day to choose from as she is adiment it happened after me sons b/day which was on 30th jan leaving only the 31st which i had someone over hers till late that day..

Also i do believe she has been re questioned and if she had changed the day wouldn't i have been notified by now and questioned??

apparently she was scared and crying to her friend telling her that she was expecting the police so she was worried about something??? my guess is they were going to her that night this was i think friday so its been 4 days?

[Faith]

Obviously I can't answer any of that for sure as I don't know the specifics of the case. She may not have changed the dates at all, all I meant was that you should take care with what you hand the police as it is possible.
Unfortunately, anything can happen. You may well have some very honest police on your side who want to get to the truth. You also may have some career hungry ones who are bowing to the pressure of hitting conviction targets.
The process of these things is unbearably slow so you may not hear anything for while, even if she has been requestioned. if she has given no new information that police need your side on then they will not inform you of what she has said. You will only get a disclosure of her statement if you get charged.

The evidence that you have would not be enough to convict her of anything. What I would concentrate on now, is getting your own name cleared. When that happens, you can then consider your options with taking action against her.

[lawlessone2009]

This sounds like a 'tit for tat' argument that has resulted in her landing a bombshell!

It would be for the Police to decide if there was enough evidence on either of you for a conviction. At the moment I would be swayed, from what you have written and in the steps you have conveyed it, to say that they will not raise a case against you.

Do not take my word for it though as it's purely my opinion and based on your version of events.

The Police have a duty to investigate ALL reported crimes. They will require to arrest you in order to obtain DNA/fingerprints etc. The interview is normal and is further evidence gathering.

They will take on board your version of events and then no doubt question your accuser further. At that point they will most likely decide what to do next. It could be that they drop the case or pass it on to the CPS to decide. It could also be that your accuser makes such a mess of things that she ends up being charged. It's not for you to decide, you merely give your version of events.

I am hoping that you receive a quick response and closure on this but be prepared for it to be a long and drawn out process with great hurt along the way. There will be many ups and downs. We are all here to help so don't feel frightened to ask, or indeed rant, about anything that is of concern.

[Lost87]

Obviously I can't answer any of that for sure as I don't know the specifics of the case. She may not have changed the dates at all, all I meant was that you should take care with what you hand the police as it is possible.
Unfortunately, anything can happen. You may well have some very honest police on your side who want to get to the truth. You also may have some career hungry ones who are bowing to the pressure of hitting conviction targets.
The process of these things is unbearably slow so you may not hear anything for while, even if she has been requestioned. if she has given no new information that police need your side on then they will not inform you of what she has said. You will only get a disclosure of her statement if you get charged.

The evidence that you have would not be enough to convict her of anything. What I would concentrate on now, is getting your own name cleared. When that happens, you can then consider your options with taking action against her.

I see thank you so much

But i must say the evidence i have proves shes lying as i clearly wasnt there how can that no be enough to convict her???

[Faith]

She could simply say she got mixed up/confused.
i'm not saying it's impossible but it's very unusual.

[Lost87]

She could simply say she got mixed up/confused.
i'm not saying it's impossible but it's very unusual.

I see thanks for clearing that up lol

[Lost87]

This sounds like a 'tit for tat' argument that has resulted in her landing a bombshell!

It would be for the Police to decide if there was enough evidence on either of you for a conviction. At the moment I would be swayed, from what you have written and in the steps you have conveyed it, to say that they will not raise a case against you.

Do not take my word for it though as it's purely my opinion and based on your version of events.

The Police have a duty to investigate ALL reported crimes. They will require to arrest you in order to obtain DNA/fingerprints etc. The interview is normal and is further evidence gathering.

They will take on board your version of events and then no doubt question your accuser further. At that point they will most likely decide what to do next. It could be that they drop the case or pass it on to the CPS to decide. It could also be that your accuser makes such a mess of things that she ends up being charged. It's not for you to decide, you merely give your version of events.

I am hoping that you receive a quick response and closure on this but be prepared for it to be a long and drawn out process with great hurt along the way. There will be many ups and downs. We are all here to help so don't feel frightened to ask, or indeed rant, about anything that is of concern.

what do u mean to raise a case against me???? the evidence is clear and she acknowledges in convo that it was consensual so i am lost how could i end up in jail for summit that clearly the opposite?

[Casehardened]

what do u mean to raise a case against me???? the evidence is clear and she acknowledges in convo that it was consensual so i am lost how could i end up in jail for summit that clearly the opposite?

Hi Lost87,

Please don't shoot or blame the messengers; in this instance Lawlessone2009 and Faith

The government (and specifically the last Labour lot led by Harriet Harman) decided that the rape conviction must be increased so the normal rules of evidence are, shall we say, more relaxed as far as sexual offences are concerned.

The CPS have revamped their website to make it 'Easy Read' rather than full of legalese (and I only hope this has been done for the benefit of the public rather than because the standard of the prosecutors has gone down)

It's worth reading the sections on the Threshold Test and Full Code Test to get an insight as to whether the cases are taken forward or not.

http://www.cps.gov.uk/publications/c...threshold.html

http://www.cps.gov.uk/publications/c...-codetest.html

Unfortunately Lawlessone & Faith have told it as it is; there is not much in the decision making process about innocence or guilt but much about whether they think the case can be won.

However don't get overly depressed, but just don't rely on the case being dropped (though it may well be at a later stage when the 'evidence' is properly reviewed) but gather your own counter evidence now while it's all fresh in your mind and be prepared to fight (unfortunately now your ex has made this accusation she is the enemy, not the police/cps, they are just doing the job they have been told to do)

[lawlessone2009]

Sorry to have caused upset.

I'm in the same situation as yourself (a little further on).

The statements (if you can call them that!) made against myself are ridiculous. I've managed to pick glaring holes in them after a first reading. Obvious glaring holes that even someone with an IQ of 10 could pick out!

I'm still preparing for the worst. It's a lottery with no rhyme or reason behind who goes to court and who doesn't. All that we are trying to indicate is that you should put yourself in the absolute best position possible should it proceed.

You've already gathered evidence and properly contained this away from the Police who may loose it. You also seem to have shared it with the Police albeit you still have your own copies. You've done absolutely nothing wrong and in fact virtually everything right.

You do wish for people so see sense but in the aftermath of one of the worst governments ever (New Labour) things will take time to settle down and start to 'mature' again. The law was turned into an extreme money making and control mechanism rather than a body of words that were there for the good of the nation. Similarly, the CPS have thoroughly entertained this as it makes easy prosecutions with quick results at the expense of everyone else. They equally became very childish and uncaring.

We're on your side we just don't want to mislead you into thinking everything is going to be fine. Even if there is no further action YOU are still a changed person. Your relationship with the mother of your child has been severely damaged. Your belief in the integrity of others will never be the same again. Relationships in the future are not going to be so innocent and naive.

No further action does lift a bit of the weight from your shoulders but it cannot smooth over the sour wounds that have been inflicted. I can only hope that your ex partner realises the damage that these claims will do not only to you but also your boy.

[Lost87]

Hey no ones caused upset i jus have questions lol i cant deny thats its worrying me at all lol i know the justice system is messed up lol

I havnt shot any messenger i am just in a loop of questions at the moment and cant find the answers i am jus shocked how the evidence proves i wasnt there at the time of the first count and the second shows that the sex on that day is proven consent and in knowing that i could still go down that makes no sense and the fact it isnt enough to convict seems strange since she gave to pssible dates for the first count and 100% sure it was on 1 of them dates and for the second cound she is 100% sure so i am lost....

sorry if any of u feel i am shooting daggers i really aint sorry