What happens if the accuser withdraws the complaint but says it was true

[sam]

would cps still charge or they will ask accuser why she wants to take back the complaint and investigate the reason, and try to find that she had not been telling the truth, and what is the possibility of getting NFA and how long it might take for NFA after accuser tells police that she wants to take complaint back
Thanks for help and support

[LS]

They will still proceed with the charge, and the accuser lays herself open to being prosecuted for perverting the course of justice, as happened recently in Wales.

[Faith]

Another argument that the CPS might use is that it has only been retracted because the girl is too traumatised to attend court or has been intimidated into retracting her statement.

The investigation will still follow the same path. Without the girl's statement, if there is still a 51% or above chance of conviction, they will press ahead.

Remember that many real victims would retract because they don't want to relive their ordeal in court or they fear reprisal from relatives or friends of the rapist.

[lawlessone2009]

The prosecuting 'team' would implement "Order 66" (Order 66 is fictional from Star Wars!).

The 'victim' would receive extra attention and kindness in a calm and friendly manner to actively encourage them not to withdraw the charge. Every trick in the book would be used.

Of course, where the Police/CPS don't believe the accusation to begin with and are merely following procedure (and there is evidence to support their doubts) and the 'victim' withdraws from the process then charges could follow.

I would strongly argue a case of 'No Crime' rather than 'NFA' where the accuser withdraws her allegation and the Police/CPS drop it.

As I mentioned though, they will be actively encouraged not to drop it. Really actively encouraged.

If the CPS proceeded to trial then the lack of actual accuser further damages their chances of a successful prosecution. It would be my opinion that if someone is raped then they would want to see the perpetrator face justice regardless of the additional pain caused. I am sure a lot of juries would think this way also.

Until the media and government agencies successfully 'socially engineer' our minds to think otherwise I would hazard that most people think this way also. Shaping society to meet your 'goals' is not hard for a government to do.

[Faith]

It would be my opinion that if someone is raped then they would want to see the perpetrator face justice regardless of the additional pain caused. I am sure a lot of juries would think this way also.

Because of what we've been through, it can often be a forgotten fact that it is still true that a majority of rape cases are unreported due to the fear of a victim.

I would say that a jury would find it very easy to believe that a statement has been retracted due to fear and the trauma...and that is exactly the angle that the Crown would take

[lawlessone2009]

I don't doubt that the Crown would take that angle.

I also don't doubt that accusers get cold feet (very generalised term).

I would have incredible issues with convicting someone without the accuser being present.

How exactly is a defence team supposed to question the accused if they are not present???

I can see where a statement from the accuser would carry weight and be acceptable but in the case of rape where it is often one word against another and the 'way' the words are delivered can count just as much as what they are then the presence of the accuser would be required to strengthen the prosecution case.

Maybe I just commit to things and don't look back. If I made an allegation I would see it through right to the very end regardless of fear or other feelings. I need to understand that others may not be the same, sorry.

[sam]

if the evidence which was given to police like text messages and conversation after the reported incident shows that accuser statment is not true and is only to take revange of broken relationship police are already suspicious of the accuser that she is lying will they still push her not to retract and go for the trial, the is so annoying, basically u can't get rid of it unless a miracle or a trial

[Izzy]

The police might ask her about them but they can't 'push her to retract'.

If you have evidence, best giving it to your solicitor to keep safe.

[sam]

all the evidance was in my cell and laptop and camera which were seized by police at the time of arrest I hope they don't
lose it.

[Rights Fighter]

I don't doubt that the Crown would take that angle.

I also don't doubt that accusers get cold feet (very generalised term).

I would have incredible issues with convicting someone without the accuser being present.

How exactly is a defence team supposed to question the accused if they are not present???

I can see where a statement from the accuser would carry weight and be acceptable but in the case of rape where it is often one word against another and the 'way' the words are delivered can count just as much as what they are then the presence of the accuser would be required to strengthen the prosecution case.

Maybe I just commit to things and don't look back. If I made an allegation I would see it through right to the very end regardless of fear or other feelings. I need to understand that others may not be the same, sorry.

You may have problems convicting in those circumstances but other people do not. There have been a couple of cases recently publicised where the victim of rape had died but the trial still went ahead on her statement alone.

I also know of another case where the woman next door rang the police and told them the little boy next door was being buggered. This was because she heard him crying. He was medically examined and he had 'injuries'. No evidence from him whatsoever - def was convicted and freed on appeal - not due to how the allegations came about but because the 'injuries' were in fact wrongly diagnosed as an indication of sexual abuse.

[Boys don't cry]

You have read it.
She can withdraw the complaint but it will still go on.
One barrister asked me if she would do it(withdraw) even though she was scared I would lose my jobs.
I answered "No"
He told me "whatever the answer,the CPS will continue "
Once it is started it is like a snowball effect until the avalanche.
Good luck.

[lawlessone2009]

RF.

I fully understand.

It's high time people stop giving the prosecution an easy ride and demand evidence. Good solid evidence. The justice system has screwed too many peoples lives up for them to continue getting away with it.

As I understand it you are a crusader against many injustices through the appeals procedure not forgetting to mention straight forward trials. I sure am not going to question your wisdom or knowledge.

If I raise a question or a doubt or express my opinion about a certain part of the process which is flawed or not entirely fair and a few other people tend to agree and then pass on their views to others then before we know it we have a revolution in thought (not quite a 'revolution'). That's probably why the internet is so dangerous in the eyes of TPTB (the powers that be) and is subjected to ever increasing monitoring and censorship. Free thinkers aren't too much liked in the bee hive and although society (read government) used to tolerate the minority groups of misfits and even single them out with terms such as 'hippy' there are now just too many individuals who are escaping the ever increasing net of government control.

I am never going to be one that is accepting of point 'x' or fact 'y' simply because it has always been the same. I am sure you are in amongst this type of argument on an almost daily basis with some of your appeals breaking into unchartered grounds and setting precedents.

To me, if someone is not present then their statements should not stand. That is purely my view and one that I would most certainly take if I was ever misfortunate enough to find myself sitting as a member of a jury. I would also actively explore this avenue with all other jurors and attempt to impress upon them my way of thinking.

Can't be bothered to show up then why the hell should I bother myself bothering about what is bothering you.....

I really do not care what the law says, or a guy that sits with a wig on his head, there are certain expectations that I believe society as a whole deserves to have fulfilled and one of them is that those that accuse EQUALLY face the consequences of their actions and stand forth ready to be counted. I know it doesn't happen at present and that's simply because people are far too busy with their own selfish little lives to take the time out to consider all that is wrong with society.

I'm not ranting at you or anyone else RF I just feel that although we are a nice online community and forever helpful we should also be challenging and attempting to change what is happening in our country focusing, of course, on what the forum specialises in. I understand there are two main sections to this forum and it would be truly amazing if both could somehow find it in their hearts to join together and thoroughly discuss what their views about the current system are and all of their ideas on what can be done to change it.

At the moment I merely see a centuries old system of law getting flushed down the toilet by a bunch of half witted politicians and interbred Lords with the full blessing of the Queen. Not for the benefit of society but just so some idiots can secure their seat in government for the next 5 years or so a charity can milk money from the publics pockets whilst paying a board of directors silly salaries...


So in answer to the OPs query. NO, don't accept the withdrawal of a statement and the advancement of a trial. Have your legal team strongly object. You can direct them as you see fit, they are merely representing your interests to the court. If a conviction follows then as part of an appeals procedure raise this as one of the points and argue until your blue in the face. Force through change.

[Faith]

Can't be bothered to show up then why the hell should I bother myself bothering about what is bothering you..... ONE

I really do not care what the law says, or a guy that sits with a wig on his head TWO

I'm not ranting at you or anyone else RF I just feel that although we are a nice online community and forever helpful we should also be challenging and attempting to change what is happening in our country focusing, of course, on what the forum specialises in. THREE

So in answer to the OPs query. NO, don't accept the withdrawal of a statement and the advancement of a trial. Have your legal team strongly object. You can direct them as you see fit, they are merely representing your interests to the court. If a conviction follows then as part of an appeals procedure raise this as one of the points and argue until your blue in the face. Force through change. FOUR

Can I just respond to some of the things which you have said, even though your post was not directed at me?

ONE: I think this is a very dangerous approach to have if you were to ever sit on a jury. You have to think outside of the box and not just based on your own experience. It sounds like you would be a (perhaps, understandably) prejudiced member of a jury. There are a great many reasons, as already highlighted, as to why a genuine rape victim might not take the stand. In many cases, it is not the case that it is just because they cannot be bothered.

TWO All very well, but this won't do you much good when it's time for you to stand trial. Like it or not, you have to follow the systems of law in place, not the ones that you would like to be in place.

THREE This is not the role of a support forum We are here to welcome vulnerable people (both rape victims and those falsely accused) who are at their lowest ebb and need advice, comfort, support and reassurance. It is not appropriate for intense campaigning and political rants. Such behaviour is likely to put potential visitors off and scare them away. There are many means and methods of campaigning already established. Let us not lose sight as to why this site is here.

FOUR You cannot use evidence that was available at trial as the basis of an appeal. Unless a procedure is broken or a judge misdirects in relation to this, it is very unlikely that this would be a ground for appeal.

[Rights Fighter]

Well said Faith - I could not have put it better myself.

We have this system and it is often grotesquely unfair. As Faith says other groups are campaigning for change. However, most people who arrive here are looking for support and advice not to campaign. If other like-minded people appear on here there is absolutely nothing to stop you contacting them privately to either join campaign networks or set one up yourself. Here is not the place to do it.

So in answer to the OPs query. NO, don't accept the withdrawal of a statement and the advancement of a trial. Have your legal team strongly object. You can direct them as you see fit, they are merely representing your interests to the court. If a conviction follows then as part of an appeals procedure raise this as one of the points and argue until your blue in the face.

Exactly. You can argue until you are blue in the face but it won't make the trial judge come to the decision you may want - to stop the trial due to absence of complainant, neither will it persuade the three judges at CA to agree that the complainant should have appeared to give evidence and then quash the conviction(s).

These decisions form legal arguments and then the judge makes a ruling afterwards. If he makes the wrong ruling that might be a ground with which to appeal. It also might not. It depends on the circumstances of each individual case.

I get people who contact me after reading a newsletter that goes into prison inmates who are protesting their innocence (not all are factually innocent either). They read about a successful appeal and a few lines as to 'grounds' and think that this case is identical to theirs. I can go through the paperwork and it is clear that their case has nothing to do with the one they read about and only bears slight similarities.

Nothing is black and white in these cases.

As Faith says, some genuine victims of abuse may be so traumatised that they cannot bear to attend, some are fearful for their safety. It has nothing to do with 'can't be bothered'.

[lawlessone2009]

I don't doubt for one minute that the grounds for appeal sometimes rely on 'fresh' evidence but there is nothing wrong with 'including' something you believe the judge/jury were either misled about or ignored. Appeals raise many points and getting an acceptance on a point in appeal gives future cases a little helping hand/clarifies a point in law. Evolution of the interpretation of law.

Finding the judge funny in his/her wig 'could' relieve some of the stress and tension that everyone in a court room feels. I have also heard of people saying you should imagine them sitting there naked. It's not about outright revulsion of law but more about relaxing and ensuring that you are able to cope with what could be strange and new surroundings with intimidating people and a process that few mere mortals understand.

As for the campaign angle. I take the info onboard.

I'm going to be pushing for my case to go through to trial. If it doesn't then I have a little trick up my sleeve. I'm sick of members of the public being screwed over by the state in what the powers that be determine as 'justice'. I fight my corner at every single opportunity and lately I've been winning. I'm ready for the challenge thanks mainly to this place. The support has been astronomical as has the understanding. Maybe I'm just going through another little phase, which I am sure many others have been through, where the fight needs to hurry up and arrive at my door cause I'm ready.