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My Story - Whats the moral and what are your thoughts.

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  • My Story - Whats the moral and what are your thoughts.

    This is my story. Forgive the length but its interesting I think in that it is a very common circumstance for many men who are falsely accused of all manner of things after family breakdown.

    I have been looking at this forum for a while but was too cowardly to post while criminal proceedings were still live in case the police could put some negative slant on my posts.

    I met someone in 2005. We were both 36. She became pregnant ‘accidentally’ very quickly. She refused to have a termination so my rationale at the time was ‘well you can’t have a baby with someone and not give a relationship a chance and have a go at a normal family set up’ (I realise the fault in this thinking in retrospect). I always made it clear that marriage was never on the cards and that it was a case of giving things a go.

    We had a son in 2006 at the end of Feb 2006. We muddled through until 2008 with lots of incidents of her unstable nature along the way (in January 2008 I found condoms with holes pricked in them in my draw and she denied doing it, I nearly left then and there but stayed for my son).

    I had no sexual desire for her whatsoever. It wasn’t her depriving me of sex but rather the other way around. She was just so bloody evil and hard I found I just didn’t want to be with her, let alone make love to her. There was no sex from pregnancy until a year after our son was born. And then I think about twice in the next 12 months.

    She ramped up the pressure and I eventually capitulated and agreed to another baby in July 2008. She became pregnant with our daughter and my motives for agreeing were again misguided. Being that I didn’t want our son to be an only child, at the time I didn’t want our son to have half siblings from other fathers (again I realise in retrospect this was utterly misguided), I didn’t want to be removed from my son (who I had forged a very strong bond with). Anyway to cut a long story short my ex left me 12 weeks into the pregnancy. I went away for a weekend with friends and came back to an empty house, which she had cleared out in my absence.

    I knew something was going on if I am honest and I was finally relieved it was over. Friends were supportive and the general consensus was ‘there is no way you should have put up with that for the rest of your life…’. When we finally made contact after she left her stance was I have what I want now and I just need you for money and occaisional babysitting.

    Our daughter was born at the end of April 2009.

    I took legal advice on the child issues immediately when the relationship finally ended in 2008. My solicitors advice was to hold off on issuing proceedings straight away and try and build up a status quo of contact with both children and then try and formalise the relationship with a court order at a later date. It was somewhat complicated as she was pregnant at the time the relationship ended and his advice was that no court was going to order the removal of our son from a pregnant mother etc etc at the time.

    Anyway, she gave me good contact with my son. When my daughter was born she was very possessive of our daughter for about a year. I put this down to natural things like breast feeding and indeed this is what she said although the possessiveness was ott. She insisted I only had contact with our daughter at her house and would not even let me have her alone for an hour or so. I hated going to her house but it was a choice at the time of that or not seeing my daughter at all. There was also a time when she went skiing and was happy for the daughter to be left with a childminder (who was not breast feeding her) between 8am and 5pm while she hit the slopes but insisted I go to her for contact with my daughter.

    I carried on trying to build contact with the children until February 2011 when I finally issued proceedings in court to try and formalise contact with the children. I had got fed up with the excuses, the hypocritical behaviour, cancelling contact at short notice, changing plans at short notice. I just finally lost patience and went for it.

    I may have been a bit heavy handed in the application to court. I applied for joint residency and care and in my pleadings my solicitor used the phrase that she was a ‘professional victim’ (which was true) who knew what to say and how to obtain services from people.

    This is where it kicks off. Her response was to say that as well as having physically abused my daughter and her with violence, that I also raped her 5 times between March and June 2008. She had been to the Freedom project and that they had urged her to go to the police which she did (this is after her repeatedly inviting me to her house to see my daughter in 2009 and allowing me overnight contact with my daughter from summer of 2010 but her still inviting me into her home to fix things and do things and have additional contact).

    On the 8th April the police turned up at my door in the morning and arrested me. I was taken to the station, processed, held in a cell until they were able to interview me. I am a solicitor, albeit, a commercial one not a criminal one so I opted to not have duty representation (which was a mistake) and I was interviewed for a couple of hours and bailed. Throughout the interview I explained how my ex had lied about one thing after another, and maintained my innocence and that she had only done this to advantage herself in the child proceedings (I was not aware of the other possible motives until I started to research it afterwards and I am shocked by what goes on).

    I was bailed until 13th June. During which time the investigating police woman had called me to tell me my ex had not turned up for a medical examination. The investigating officer had also taken 3 weeks annual leave. I was then repeatedly re bailed and rebailed – with varying and inconsistent accounts of why from the police – until 13th October 2011, when I was charged with 4 of 5 alleged counts of rape. So just over 6 months on police bail.

    I had got representation in the meantime. The police would not tell me which 4 of the 5 alleged rapes I was charged with and did not seem at all interested in the other allegations of domestic violence and abuse of my daughter. I believe that the police were more interested in improving their detection rate states when investigating and presenting evidence to the CPS.

    Anyway, in January 2012 I had a call from my solicitor who had received a fax from the CPS saying that they were discontinuing the case. My instant reaction was relief. But commonly this was followed by anger that it happened at all.
    My ex had placed a massive financial burden on me. Nearly bankrupted me (that is so close I cannot say and I am still up to my eyeballs in financial difficulty), my mums health really deteriorated during the episode, it held up progress in the child contact matters, some people who believe that most rapists get away with it look at me like I am the anti Christ and someone who has luckily evaded justice… the usual stuff.

    What really angers me is that the police and CPS could not have had any more evidence in Janualy 2012 when the case was discontinued than they had in April 2011. They simply wasn’t any.

    Also, like many people on here I would have liked my say in court. I know this is risky and a jury could have believed her. But my account of things isn’t anywhere. Whereas my ex appended her police report to her statement in the child contact proceedings and will no doubt use it again when she wants to try and poison our children against me at a later date.

    I now have a dimemna. Which is to report her to the police. I have proof that she either lied in court or lied to the police. Her police report directly contradicts written statements she made in court. My sisters would also both witness the fact that she threatened to ‘ruin me’.

    Also there are some other offences she has committed. Among these are possessing and distributing indecent images of children. Although this could be a bit low level in that she forwarded some jokey round robin emails of cute pictures of children. However, among them were some more sinister pictures of children, one naked boy holding a knife to his penis, another of a naked boy with sanitary products wrapped around his penis and another of another naked boy with his genitals in some food. They are definitely technical offenses but how interested the police and cps would be I have no idea.

    She also committed fraud, obtaining credit cards using my address using a postal redirection after she had moved out of my home. I can also prove that she committed an insurance fraud and some other low level stuff.

    My ideal situation would be that she is jailed for making false allegations and I have residencey of the children. My family solicitor says this is unlikely and that reporting her won’t in any way help my ongoing relationship and contact with my children.

    My criminal defence solicitor says the police and cps are very unlikely to charge her and take her to trial.

    But I still haven’t dropped the idea. I know she will use the fact that she made a report to the police to poison my children against me. I just haven’t had my say anywhere.

    Also, peace hasn’t broken out following the CPS dropping the case. She is telling everyone who will listen that just because the CPS have dropped the case it doesn’t mean it didn’t happen. And what next, will she be coaching my daughter to make allegations against me? I would love to cease all contact with her but I can’t. There has to be a level of contact because we have to hand over the children (the civil courts have reinstated full overnight contact with the children).

    On a more positive note I did meet a fantastic woman shortly before this started kicking off. I was completely honest with her about everything and she made the informed choice to stand by me. She has been fantastic. We married on the 29th January. So I am not dwelling on things. I am getting on with life. I just don’t know what the best course of action is for my children.

    The other consideration for me is that my ex is a childrens nurse, training to be a midwife. If she was only cautioned for her behaviour it may have an impact on her advanced CRB check and prejudice her chances of employment. 1. It may be better for me if she is disctracted with a professional job, and 2. It would be better for my children if she has a professional job that pays a reasonable salary.
    Conversely, the children have not suffered (in terms of being fed and having material needs cared for) while she hasn’t worked for the last few years and she didn’t care that she has prejudiced my career and almost put me away for 8 years minimum when she made the allegations. My new wife is a physiotherapist and also needs advanced CRB checks. Any new allegations by my ex against her could prejudice her career.

    What do I do next? If I report her I do it now before the evidence becomes too aged. And if I don’t I simply don’t do it at all.

  • #2
    Your solicitor is right that the CPS are unlikely to take things forward with regards to her false allegations. You would need SOLID proof (ie a confession from her to the police) that it was a lie.

    You may be entitled to claim your solicitor costs back for your own case (I know you are if you are found not guilty anyway, someone may confirm whether or not this applies if the case is discontinued)

    You would not be able to claim any costs back for taking your ex wife to court. It is a costly procedure and you need really hard evidence for any chance of success. At any rate, the CPS are not keen to show that they are prosecuting women for this as it may put off others coming forward.

    What I don't understand is that if you know of the fraud and the possession of indecent images, why on earth haven't you reported it straight away. it would have weakened her case against you substantially for a start. I am unsure as to why you are sitting on this information.

    Even though your case is discontinued, I would still take care with how detailed your posts are on here. it is a public forum which the police routinely read, so especially if you are to take any action against your ex wife, I would take care with what you say.
    "Be sure your sin will find you out"

    Numbers 32:23

    Comment


    • #3
      Hi, i didn't even think about the pictures of children until I started printing off every email i had kept that she ever sent me. As part of preparing my defence I started creating a timeline and communications. Most of the emails she had addressed to 'sexy boy'. I gave them to my solicitor to use at the relevant time. His advice was clear in that hang off handing anything to the police because all they will do with it is question her on it and give her time to prepare her explanation or change her statement to accommodate it.

      As for sitting on it - well I don't really know what to do for the best. I have children with the woman. Do I risk provoking her by reporting her to the police or do I try to take as much heat out of the situation as possible and take it on the chin, after all there are positive aspects of life to really enjoy and I do have contact with my children.

      That may change. Even if I don't report her she could make up further allegations against me and my wife and still make it very difficult to see my children. She has not hesitated in the past. Like I said I would love to just simply have no contact with her but that is not possible. We have children together. We have to have a certain level of contact while I am still in touch with the children. And I don't want her tactics to work i.e. to make contact with the children so difficult that I am effectively excluded from their lives.

      Like I said peace doen't seem to have broken out on her part. I would like to point out to her that her actions have consequences too but I don't want to risk communicating with her on anything more than very basic information strictly related to the children.

      Its a very tough situation. If I do report her I could damage her earning potential and that prejudices my children and if I don't she can still do what she likes. So far she has behaved like she is above the law. In some ways she seems to be.
      Last edited by floyd honeybuns; 27 February 2012, 12:19 PM.

      Comment


      • #4
        Yes, your solicitor's advice was spot on. So you DID pass this information onto your solicitor about indecent images? I thought you hadn't mentioned them at all.

        One thing to be careful of when deciding whether or not to report her is if the computer was shared, is there a way she could argue that these images were downloaded by you? if she has emailed them to other people then immediately I would say it was unlikely...but only you can know for sure of the circumstances.

        Nevertheless, in answer to your question on whether or not the CPS would take it seriously, it's hard to say BUT these images sound indecent enough to warrant an investigation and she may at least get a caution against her name which might make her think twice about doing anything dodgy again.
        "Be sure your sin will find you out"

        Numbers 32:23

        Comment


        • #5
          I am also thinking about mkaking a complaint to the police complaints commission and perhaps bringing a claim against the police for malicious prosecution. Like I have said the police had as much evidence in April 2011 as they did in January 2012 when the CPS decided to discontinue the case. There was no reason to prolong the agony for 10 months.

          Comment


          • #6
            The counter argument for that would be that the police were following protocol by investigating the matter fully and only discontinuing it after a thorough investigation.

            You may not have full disclosure into WHY it was discontinued. And there is no way you can second guess it. As far as I can see from what you have written, the police haven't actually abused the procedure in any way. Sadly it is the norm for these cases to drag on this long. I know of a person who was on police bail for nearly 15 months and didn't even end up being charged.
            "Be sure your sin will find you out"

            Numbers 32:23

            Comment


            • #7
              Faith, yes I gave everything to my solicitor.

              The images, in my view they are technically indecent images of children. Although quite low level. There is no dispute that they came from her. They were sent from her hotmail account on 3 seperate dates to her friends as round robin emails.

              She could claim that she knew they were not abusive pictures. But she is a paediatric nurse with 20 years experience and has done child protection courses so should know better.

              In respect of the hard evidence of lying. She made a written statement in onbe court case but directly contradicted it in her report to the police. So she has either purjured herself or lied to the police. It's one or the other. Its just a question of how seriously the CPS and police would take it. I suspect they don't have any apetite for this.

              Plus there is my dilema. What is best for my children in this. I would love to have full residency of them. I don't think anyone who makes false allegations is a fit parent. But my solicitor says it is an extremely long shot and I could further provoke her into worse behaviour that would effectively stop me having contact with both children.

              Comment


              • #8
                Faith,

                regarding the police. There could not have been any further evidence. The reason for the delays seems to have been related to lack of resource in terms of the annual leave requirements of the investigating officer and a stretched CPS. I can't see why the CPS decided to charge and then discontinue other than they made a decision to charge which convenienced them at the time and then on reviewing the evidence before a case management hearing decided the case was not going anywhere so discontinued it. I doubt they even looked at it in much detail at all between the decision to charge and discontinue.

                Comment


                • #9
                  This is all second guess-work. The bottom line is that the police have not broken protocol in any obvious way.

                  You can't know for sure what caused the case to drop. When the CPS receive the evidence they put it through an evidential test to see whether or not it would stand up in court. If they feel that there is a realistic chance of conviction then they will charge.
                  They may then have gotten to the nitty gritty or put it to somebody else and had a change of mind. There doesn't technically have to be new evidence for them to decide it isn't worth going to court.

                  As for the indecent images, if your wife has received them and then forwarded them then it is less severe but I'd imagine it might have some bearing on her job if her employer found she was passing material like this around.

                  Your solicitor seems to be speaking wisdom. You don't want to risk anything that might affect your access to your children. It's all about weighing things up.
                  "Be sure your sin will find you out"

                  Numbers 32:23

                  Comment


                  • #10
                    Faith, thanks for your replies.

                    so you think do nothing. Just drop it and move on. its the right thing to do morally and practically? I am really worried that in the future she poisons my children against me telling them I raped her and abused them, showing them her police report. Then when I try to show them it was false I have nothing.

                    Or if in future she makes another allegation and the police ask me legitimately why I didn't raise these complaints?

                    Also, I hate to think of my ex as my wife. We were never married. She had two children by me. The first unplanned. Its a very minor thing but it makes me feel a bit better to think I had the good sense never to marry her.

                    My current wife, who is my first wife, is a totally different ball game and has supported me through some of the most difficult times of my life so far.
                    Last edited by floyd honeybuns; 27 February 2012, 01:00 PM.

                    Comment


                    • #11
                      Sorry, that was my mistake in referring to her as your wife. It's not minor at all, I completely understand
                      "Be sure your sin will find you out"

                      Numbers 32:23

                      Comment


                      • #12
                        Well, i was stupid enough to agree to a 2nd child with her. I was an utter idiot in that decision making.

                        Comment


                        • #13
                          We're all guilty of that.
                          There's always some naivety at play when you end up in a situation like this.

                          My mistake was taking a girl in when she was at her lowest ebb...you never suspect that nice gestures are going to bite you on your A*se, but they so often do.

                          At least these experiences teach us some valuable lessons, if nothing else.
                          Have a read of some of the other threads on here if you have time. You will see that the mistakes you made are by no means unique.

                          Don't beat yourself up about it.
                          "Be sure your sin will find you out"

                          Numbers 32:23

                          Comment


                          • #14
                            Hi,

                            Faith has offered you very sound advice so really all I want to suggest is that you are absolutely honest with yourself.

                            You do give some sound reasons for trying to get your ex prosecuted but is the underlying motive a desire for revenge for the humiliation she has put you through? Do be honest as this is a reaction that most who have been through this experience can relate to.

                            If so, remember revenge is a dish best served cold; would you advise your clients to follow a course of action purely based on their emotions or that based on practicalities? You will annoy your ex far more by enjoying a pleasant and fruitful life without her than by sniping at her which will indicate to her that you can't move on.

                            I do understand you not wanting to lose contact with your children and I am on shaky ground advising on parent/child relationships but I do think children tend to make up their own mind about adults rather than simply believe what they are told (though I accept that as they are young your ex can hinder contact)

                            Hopefully having been able to discuss your situation on here has helped.
                            'What doesn't kill you makes you stronger'

                            Comment


                            • #15
                              Hi Floyd, just to say "hello and welcome".

                              Before I was medically retired 8 years ago, I worked a lot of child protection cases. With regard these photo's you describe I really see them as a cause for concern. If I were working still the bottom line is I would report them immediately. They do not sound mild to me - I would grade them at least as a 2 on a scale of 1-4 and sound like the content is deliberately sexual. Some kid was exploited in making these photo's and by distributing them you ex partner is breaking a serious law.

                              I don't want to stir anything up but I feel strongly that a good citizen should report this matter.I know there are complexities for you, Im certainly not saying you are a bad citizen, but this woman has broken a law - one put in place to stop the very real exploitation of children.

                              Kind regards
                              Jen
                              False Accusers Beware: You have chosen to dine at the Karma Cafe. There is no menu: you will just get what you deserve.

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