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  • My story

    This isn't about a false accusation of rape, but rather a false allegation of sexual assault. I really want to get it off my chest so I hope you don't mind me posting here.

    So, this past January I was walking home at about midnight. I live in a massive apartment block with several blocks splitting them up. Now as I was walking to my block a woman walked passed me and then when she got to her block entrance door shouted "oi sexy" and called me over. I went across and we had a conversation of a sexual nature which lasted only about ten seconds and then she told me to "f off". I then just went back across to my block and up in to my flat.

    Two weeks later police turn up and arrest me for sexual assault and I was taken to be questioned. At questioning I was given her witness statement where she claims to not have called me over. I was told she was coming back from a club and she may have been intoxicated. I was then told she has accused me of grabbing her by the wrist and pushing her up against the wall. Which I totally did not do. They also had CCTV and showed me this, the conclusion from this was that they could not even tell if I had touched her let alone had done what she claims. However, they said their was a witness and I will be released until they speak to the witness.

    The witness, if I remember correctly from the night of the accusation came in to my eyesight just after the woman and told me to f off. Therefore, she couldn't have seen much. But the witness appeared from the same block as the woman that had accused me and therefore they may even know each other. It took the police six weeks since the alleged incident for them to get a statement of this witness. Could these two not have made a convincing no-hole story in that time? It seems an awfully long period!

    After the police got the witness statement, I was told I was being charged and now will be attending a magistrates court next week.

    I haven't let this out to anyone yet and I really felt the need to say it on here because I can't keep it bottled up any longer. From my perspective, I don't think there's a very strong case at all and the CCTV supports me if anything but I am still really worried

  • #2
    Also, I need to apply for legal aid. Do I have to declare my savings on there as I'd much rather I not. Thanks

    Comment


    • #3
      Hi there, welcome to the site - you are totally in the right place for help, advice and a place to let off steam about a horrible predicament.

      Have you got an experienced legal team on your side - preferably one who is a False Allegation of sexual abuse/rape etc.?

      It certainly all sounds a bit weak but you need to be thoroughly prepared. People who know more about the legal side will be along soon

      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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      • #4
        Soooooo.

        The CCTV shows that you didn't touch her but the cops are charging anyway?
        Wow... A signature option!

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        • #5
          Yes. Well what the police said in the interview was that "we can see you're very close to her but it's inconclusive whether you touch her or not"

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          • #6
            The problem is that the CCTV is "inconclusive", i.e. it doesn't prove whether you touched her or not. This combined with the "witness" statement is enough for a charge to proceed. Additionally the witness could claim that s/he was within earshot if not sight for some time before you they came into your sight.

            However what she is alleging (that you grabbed her and slammed her against the wall) sounds pretty violent and I would have thought such an action would have been fairly clear, even on a grainy CCTV film.

            You are correct that there has been plenty of time for the two of them to collude in this. You need to get a specialist solicitor as soon as possible. If you post up your county (just your county!) someone here may be able to recommend one.

            As you have been charged you should now be given all the relevant paperwork, so you can see the statements and the CCTV footage.

            I'm afraid I don't know whether you have to declare any savings when you apply for Public Funding (legal aid) but I would have thought that you will have to. Could you tranfer the money to someone else to hold for you? However I would suggest that paying for a specialist sol is infinitely preferable to using the Duty sol.

            Good luck.

            Comment


            • #7
              Yeah I thought it would have been pretty clear too. In addition, she was stood in between a door so if I had pushed her up against it would have been the door. To push her up against a wall I would have had to move her out three feet, one foot to the right, then back up against a wall. In her phone call to the police, she stated I used words of profanity against her but in her witness statement she revoked these. Is this relevant?

              The thing is that those savings are not in cash but shares, so it's pretty hard to transfer them. I worked hard to acquire them and they are now worth a substantial amount, to me at least.

              My county is West Midlands.
              I have been appointed Murray Hennigan solicitors in Coventry. Any reviews on them?

              Comment


              • #8
                You have been appointed?

                It's perfectly within your control to select your own legal team. I would certainly 'shop' around whilst you are still able. The further down the line it gets, particularly on legal aid, the harder it is to change your legal team.

                Don't feel you have to settle for the duty solicitor just because that's who you were given. If they are not specialists in this kind of crime, I would cautiously suggest that they aren't good enough.
                "Be sure your sin will find you out"

                Numbers 32:23

                Comment


                • #9
                  Originally posted by helpme View Post
                  Also, I need to apply for legal aid. Do I have to declare my savings on there as I'd much rather I not. Thanks

                  If you do not declare your savings then you will get into an awful lot of trouble later on when they find out - it's called fraud.
                  People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                  PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                  Comment


                  • #10
                    I had to pay 4000£ for legal aid
                    but if you are found "not guilty" they will give it back.
                    It should take up to 6 months to get this.
                    Non,je ne regrette rien.

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                    • #11
                      That is correct and thank you for posting that up BDC.

                      It can sometimes take longer than that unfortunately but it will eventually be reimbursed. It's a good idea to save all receipts for car parking and petrol/travel expenses too and also if you had to stay overnight and subsistence expenses.
                      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                      • #12
                        Thanks for all the advice guys. Ever since posting on here I have felt better.

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                        • #13
                          Today is a bad day. I do not know what to do. I was found guilty in the magistrates court. The magistrates gave the impression that they believed what the witness said rather than the victim. 100% will appeal to the crown court, wish me luck! Sigh

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                          • #14
                            Originally posted by helpme View Post
                            Today is a bad day. I do not know what to do. I was found guilty in the magistrates court. The magistrates gave the impression that they believed what the witness said rather than the victim. 100% will appeal to the crown court, wish me luck! Sigh
                            WOW - Good luck, I hope it all works out for you.

                            Comment


                            • #15
                              Best of luck
                              Non,je ne regrette rien.

                              Comment

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