Falsely accused of administering a noxious thing and sexual assault

[gronded]

I was arrested for administering a noxious thing and sexual assault on January 4th.

While outside smoking, I ran into a neighbor who was carrying a beer, we sat and talked, she offered me a beer from her pocket - we sat and drank for a while before I suggested going inside. I had been drinking too that evening and offered her a rye and coke once inside. We talked, laughed listened to music. This lead to kissing etc.. she gave me 2 disgusting painful hickeys and shortly after we had sex.

The next day, she was banging on my door saying she had left her "medication" at my house. I said - no you didn't, but she pushed past me and searched my living room. It turns out she like 10 little pills stuffed in her bra, and during our escapades when she took her bra off they fell out all over the floor. She gathered her "?meds" gave me a kiss on the cheek and left.

This happened in October of 2011 - the police show up in January 2012.

Knowing I was completely innocent and the sex was consentual I plead my case to the police.

I was released pending further investigation, that investigation I was told would be a lie detector test.

Almost 2 months have went by - no word from the police ... so I called them today.

They said they are waiting for a tox screen test to come back at which point they still want me to take a lie detector test.

Most lawyers have said, "don't take it" - the police told me today that if I decline, I will be arrested and charged ... they still have not fingerprinted me or formally charged me.

Do I take the polygraph?" If I pass and they drop the charges -everything is fine. If for some reason they still want to charge me - then I get a lawyer. Or, do I hire a lawyer and get an independant polygraph?

Thoughts? Advise?"

[Casehardened]

Hi Grounded,

Welcome to the forum though sorry that you needed to find us.

I was released pending further investigation, that investigation I was told would be a lie detector test.

This suggests that you are a USA citizen (plus the reference to rye whiskey!) as here in the UK polygraph test are not considered reliable enough to form part of the initial investigation (though they are used post-conviction in parole decisions)

For this reason I'm reluctant to advise you whether to to agree to the test or not but hopefully as the police have told you that this would be dependent on the toxicality test it may not come to this.

After all the woman may well have drugs in her system but it needs to be proven that you administered them; i.e. traces of the same drugs in the whiskey glasses with her fingerprints on them.

I don't know how the American system of charging and lawyer involvement works so can't advise as to whether you need one now, however some forum members do have experience and may offer advice if they read your post.


Edit to add that the long delay in the woman reporting the 'rape' suggests there may be an ulterior motive for making this false accusation; e.g. is there a compensation culture in the USA for rape claims as there is here? Is she still a neighbour?

[Saffron]

It seems odd that the police are waiting for toxicology tests when the alleged rape happened in October 2011...surely any toxins would have passed through her system by now? Unless of course she "reported" immeditely afterwards and it took Plod 3 months to get around to arresting you.
Like Casehardened, I can't advise you on the polygraph side of things - they have been known to be wildly unreliable.
Sorry I can't be of more help.

[Faith]

Welcome to the forum and sorry for the situation you find yourself in.
My worry about the polygraphs is that there is a certain degree of unreliability in their results. I would hate for you to be completely honest and then the results still came back to say something different.
As with everyone here, I cannot advise you either way as I have no experience with them.
Are the lawyers who advise you specialised in fighting sexual allegations?
Ensure that you have an expert and seek their advice. Generally, it is advisable to follow the advice of your legal team.

[gronded]

Actuall, I'm in Canada.

Poly graph is not admissable in court, it's the detective that wants it. My lawyer says, why would you take one if it's not admissable"? He also says if they told me they would not charge me if I passed the polygraph we can get an independant polygraph done. This will cost $2500.

The incident happened in Oct 2011 - apparently she went to the hospital that night, got a rape kit and tox screen done - or so the police say. Tell me why then I didn'/t get hauled in for questioning until Jan 2012 and still not charged?

When I spoke to the police yesterday, she said the tox screen takes 60-90 days and they only sent it in around the time I was questioned in January!! Sounds strange?

[Saffron]

It does sound odd that a tox screen for such a serious offence would take such a long time....especially as she "reported" immediately. (I am assuming she went to Plod before she came back to your home the following day to retrive her "medication"?

I am highly suspicious of this "medication". No sane person I know if would kep prescription meds in their bra. In their handbag, wallet or bathroom cabinet yes, but not in their bra. Maybe they were recreational drugs; she knew she had made the allegation to police and was scared they would find the drugs in your house with her fingerprints on them. Even so, if she had been raped why would she risk going back to the attacker's home to retrieve her own possessions? The police would have done that for her if she had asked.

Does she still live near you?

It is also strange that they waited 3 months to even send the samples off for analysis! And to wait such a long time before arresting you, given the very grave nature of the allegations is bordering on negligence. I am also confused as to why the DC would insist on your taking the polygraph if the results are not admissible in court. It sounds like he is trying to frighten you. Polygraphs work by monitoring heart rate & body temperature....if you are under pressure an anomaly will show. That does not mean that you are lying, merely that the answer to the question is of great significance for you. And if your liberty is at stake then of course the questions are of huge relevance to you!

Something sounds wrong here to me.

[gronded]

UPDATE

Still no word from the police.

I have 2 children - shared custody 50/50 split. We like to play outside and live in the same townhouse complex. I'm incredibly nervous about even being outside, in case of crossing paths with her or her family. We were playing for a couple of hours after work, suddenly I see her and her daughter telling my children to "get away" .. then I overhear her say "I'm calling the police". ... ugh

I take my children inside and am sitting here waiting for a cruiser to come by.

Yes, I still live in the same place and have not moved. There is no order in place restricting me from being near her.

Moving seems like the most sensible option but my lease isn't up until July 1. I'm not a rich guy, moving isn't simple.

I haven't heard anything from the police whatsoever.

I'm worried they will damage my property or vehicle.

I haven't paid a lawyer yet, their advice "when the police contact you to either charge you or to tell you it's time for a polygraph .. call me" he says "the longer this drags on the better" It's just really hard to not do anything especially now that spring is here, we play outside alot and are bound to run into her.

[Faith]

I don't know about what it's like in the USA but in the UK, if there are no bail conditions then you are doing nothing wrong by being near the accuser unintentionally.
BUT take care that she cannot twist anything. If it goes to police that you are intimidating her in any way, it will reflect badly on your case. Best to have a witness with you when you are outside.