Please help !!! Fiancee falsely accused of historic rape

[mia]

My fiancee has been on bail since Nov 2011, and today he was formally charged with Historic rape against his ex wife 15 years ago !!!! She has alleged that he drugged her and raped her....we are in pieces, as everything the police took from our home was returned, and the police had said that it will come down to her word against his... she has a history of taking overdoses and has been in xxxxxxx on a number of occasions.... THE MOST WORRYING THING IS THAT SHE HAS LIED AND PLAYED THE D.H.S.S SYSTEM ALL HER LIFE, AND LYING CONVINCINGLY IS SECOND NATURE TO HER !! MY FIANCEE THINKS HE WILL GO TO PRISON AN INNOCENT MAN, AS HE FEELS THAT THE COURTS, JUDGES ETC ARE ALL FOR THE WOMAN.....He is due to plead on 1st May,he is on bail, but i'm terrified that he may be placed on remand.....we are now trying to source a good experienced barrister in the south Essex area....

The allegations were made after we refused to have my step son live with us, and she was also told that future maintenance payments would be through the csa, and not in her hand (which he had been paying her like that for over 11 years)

[Faith]

Hi Mia, welcome to the forum and sorry to hear about your fiancee.
Unfortunately, many of these cases do go ahead on just one word versus the other. But the fight is just beginning and hope is far from lost.
It may take a while, but you will both get over the shock and find the fight in your system. It's a rough ride, but we will try and support you here as much as possible.

It seems there is a motive for revenge by the accuser so that's a decent start. Knowing her reasons is always helpful. Could it also be possible that she knows she'd be entitled to compensation?

The fact she has taken overdoses would likely just be put down to the 'trauma of being raped' and may even be used by the prosecution to support the case. However, if you can find a way of proving that she has played the DHSS system then this could be valuable material for defence.

I do not know of any solicitors in the Essex area but be patient and there may well be members who come along that will. It is imperative that you get an expert in this field. The next step will then be obtaining disclosure. You will get the statement from the accuser among other things and you can really start to pick her lies apart then.

Stay Strong, you're not alone

[mia]

Hi Mia, welcome to the forum and sorry to hear about your fiancee.
Unfortunately, many of these cases do go ahead on just one word versus the other. But the fight is just beginning and hope is far from lost.
It may take a while, but you will both get over the shock and find the fight in your system. It's a rough ride, but we will try and support you here as much as possible.

It seems there is a motive for revenge by the accuser so that's a decent start. Knowing her reasons is always helpful. Could it also be possible that she knows she'd be entitled to compensation?

The fact she has taken overdoses would likely just be put down to the 'trauma of being raped' and may even be used by the prosecution to support the case. However, if you can find a way of proving that she has played the DHSS system then this could be valuable material for defence.

I do not know of any solicitors in the Essex area but be patient and there may well be members who come along that will. It is imperative that you get an expert in this field. The next step will then be obtaining disclosure. You will get the statement from the accuser among other things and you can really start to pick her lies apart then.

Stay Strong, you're not alone

Thank you so much for you reply...My fiancee has spoken to a specialist solicitor this morning, and we are both going to see him on Monday 23rd April...
She was informed about compensation by a friend, as my step son heard her asking the police how much she could get, and he overheard her asking how long his dad would go down for !!!! not sure if that is useful, as he over heard it, and then told us.... She has a history of mental health, and she has taken over doses, but once taken she always tells someone, she has never to our knowledge blamed my fiancee, she blames her mother..
She has been claiming benefits for over 15years,inc; disability as she claims she can not walk more than 20 yards. i have seen a picture on her fb page taken 5th April this year showing her sitting on a motorbike with a helmet on....i have screen shot this, also i have fb conversations between my daughter and his stepson, where he states that his mum is lying and mental, but he is worried that she will hurt his dad[meaning gt him sent to prison as she is clever..... says it all really x

[Casehardened]

She was informed about compensation by a friend, as my step son heard her asking the police how much she could get, and he overheard her asking how long his dad would go down for !!!!

Hi,
I wonder if this might be useful: if the PC who she spoke to could be identified (i.e. if she always had the same constable as a point of contact within the force) then they could be called as a witness and cross-examined to confirm this (hopefully, as a PC they will be truthful about the conversation if questioned, though they are unlikely to volunteer the information)

It will show the jury a powerful motive for making a false allegation and a policeman's evidence is more likely to register with them.

It would be well worth your fiancee mentioning this to his solicitor on Monday

[Saffron]

Hi Mia and welcome. I'm sorry you find yourself here.

Your fiance's ex sounds like a deeply troubled person. As Faith has said, it looks as though her motives are financial gain and revenge. The recently-announced cuts in sickness benefits may well be what has prompted her to make this allegation as well.

Disclosure is the first step. Once you have seen exactly what she is alleging you can start to pick it apart. I would also suggest that your stepson's tesitmony about her asking Plod "how much" compensation she would get is very compelling.

The complaints emerged when you refused to allow your stepson to live with you - who requested that? was it the lad or the ex? What is his relationship with his Dad and his Mum like? Does he know what has been alleged? If he is old enough he could be called as a witness. However if he is very young the courts may not be inclined to call him.

Historic cases such as these are very difficult. There is certainly no DNA evidence, unless she "reported" at the time, or unless she "confided" in someone all those years ago. It will all come down to who is the most credible witness. However, don't be surprised if a "witness" comes forward stating that the ex "told" them of the alleged rapes at the time....It has been known for accusers to offer a share of the compensation pot if their accusations are corroborated by someone else.

I'm sorry for all these questions. Don't feel obliged to answer them if you don't want to, but the replies will help us give the best advice we can.

[mia]

Hi Mia and welcome. I'm sorry you find yourself here.

Your fiance's ex sounds like a deeply troubled person. As Faith has said, it looks as though her motives are financial gain and revenge. The recently-announced cuts in sickness benefits may well be what has prompted her to make this allegation as well.

Disclosure is the first step. Once you have seen exactly what she is alleging you can start to pick it apart. I would also suggest that your stepson's tesitmony about her asking Plod "how much" compensation she would get is very compelling.

The complaints emerged when you refused to allow your stepson to live with you - who requested that? was it the lad or the ex? What is his relationship with his Dad and his Mum like? Does he know what has been alleged? If he is old enough he could be called as a witness. However if he is very young the courts may not be inclined to call him.

Historic cases such as these are very difficult. There is certainly no DNA evidence, unless she "reported" at the time, or unless she "confided" in someone all those years ago. It will all come down to who is the most credible witness. However, don't be surprised if a "witness" comes forward stating that the ex "told" them of the alleged rapes at the time....It has been known for accusers to offer a share of the compensation pot if their accusations are corroborated by someone else.

I'm sorry for all these questions. Don't feel obliged to answer them if you don't want to, but the replies will help us give the best advice we can.

Im happy to answer any questions... His ex wife has been threatening to throw the son out for the last 4 years...he is 17 years old. She used to call saying he was this and that, and that she is throwing him out, and that we have got to have him...I have always refused, as if he came to live with us, it would be like having her live with us as well, as she constantly calls when hes with us, asking what his dad is buying him, how much hes spent....the son was 5 when my fiancee left her, but he has had him every other weekend up until he was 15yrs old,when he himself wanted to come once a month, as he was out with his mates etc;...also my fiancee has 2 other children (with his 1st wife)who also used to come at the same time.. We believe that she has got her best friend to testify that she told her...this is yet to be confirmed ,although her name appears on the list of people that he shouldn't contact.
The son has always had a good relationship with myself, but more importantly with his dad...and as he has grown older, he has seen for himself how nasty his mum can be....the problem we have is, its his mum at the end of the day, so we are not pinning our hopes on him speaking for his dad....x we have taken the son on holidays every year, sometimes twice... she never had a problem then....

[mia]

Im happy to answer any questions... His ex wife has been threatening to throw the son out for the last 4 years...he is 17 years old. She used to call saying he was this and that, and that she is throwing him out, and that we have got to have him...I have always refused, as if he came to live with us, it would be like having her live with us as well, as she constantly calls when hes with us, asking what his dad is buying him, how much hes spent....the son was 5 when my fiancee left her, but he has had him every other weekend up until he was 15yrs old,when he himself wanted to come once a month, as he was out with his mates etc;...also my fiancee has 2 other children (with his 1st wife)who also used to come at the same time.. We believe that she has got her best friend to testify that she told her...this is yet to be confirmed ,although her name appears on the list of people that he shouldn't contact.
The son has always had a good relationship with myself, but more importantly with his dad...and as he has grown older, he has seen for himself how nasty his mum can be....the problem we have is, its his mum at the end of the day, so we are not pinning our hopes on him speaking for his dad....x we have taken the son on holidays every year, sometimes twice... she never had a problem then....

Could it get any worse???? just been informed that when my fiancee was bailed for the second time, his 2 step daughters decided to tell the police that he lifted up the bed sheets and exposed himself on 2 separate occasions, the same year that his ex said he drugged and raped her !!! my fiancee is In deep shock....I cant get my head round this..... solicitor feels that they have said this to give weight to ex wife's allegations, as she may have felt that by being bailed for a second time, that he may have got a N/A ? so now the police...cps have made the 2 girls accusations into 14 incidents.....what the hell !!! solicitor says they do this as they think they stand a better chance of conviction..... DEVASTATED IS AN UNDERSTATEMENT

[Saffron]

Hi Mia

This is what I meant when I said that you shouldn't be surprised if other "witnesses" surface. My guess is that the CPS have asked her to explain why she didn't tell anyone at the time (Bearing in mind she was an adult and a mother, so she should have been sexually aware. If she had been a confused child I would have understood her silence) and suddenly Hey Presto! Other "victims" have come forward, so her allegation has been corroborated.

Don't despair. Make sure you monitor social networking sites such as Facebook closely. Take screenshots of anything that might be useful.

"Indecent Exposure" can be accidental. I remember that once my dear Grandpa forgot to lock the bathroom door and I walked in halfway through his ablutions. He was absolutely mortified, and I was extremely embarrassed. He has Alzheimers now, so he's forgotten all about it! A small blessing from that terrible disease.
A friend of mine is on the Sex Offender's Register for pulling a Moony whilst on a stag do in Scotland. Unfortunately for him, someone who saw him took umbrage. Yes, it was a stupid thing to do, but does it make him a sex offender?

Hang in there.

[mia]

Hi Mia

This is what I meant when I said that you shouldn't be surprised if other "witnesses" surface. My guess is that the CPS have asked her to explain why she didn't tell anyone at the time (Bearing in mind she was an adult and a mother, so she should have been sexually aware. If she had been a confused child I would have understood her silence) and suddenly Hey Presto! Other "victims" have come forward, so her allegation has been corroborated.

Don't despair. Make sure you monitor social networking sites such as Facebook closely. Take screenshots of anything that might be useful.

"Indecent Exposure" can be accidental. I remember that once my dear Grandpa forgot to lock the bathroom door and I walked in halfway through his ablutions. He was absolutely mortified, and I was extremely embarrassed. He has Alzheimers now, so he's forgotten all about it! A small blessing from that terrible disease.
A friend of mine is on the Sex Offender's Register for pulling a Moony whilst on a stag do in Scotland. Unfortunately for him, someone who saw him took umbrage. Yes, it was a stupid thing to do, but does it make him a sex offender?

Hang in there.

Thank you for your reply......i am finding some comfort in peoples support on here, just wish i didnt feel so numb...and as for my fiancee, he is even more convinced that he's going to prison for horrible crimes, that he didnt commit. x i'm hoping he will feel a bit more optamistic once he sees the specailist solicitor on Monday x Thanx again

[largactyl1]

Hi there, Just wanted to say welcome to the site - although I am of course sorry that you had to find us.

It is a great place for gaining advice, get support and also to let off steam when you need to. It is very difficult when supporting a loved one through this horrible time and I found it so helpful to read others' stories, to ask for info. and talk about what is going on.

Best wishes to you
Jen

[lawlessone2009]

Tit for Tat isn't something that I would welcome into your life.

The ex has made an allegation, I wouldn't go bringing up the DHSS stuff. It plays right into the hands of the state and does little to help with the actual allegation that's been made.

By all means report her but do it seperately from this case. A solicitor in a court arguing about something unrelated would only add to confusion.

What will need to be done is for her medical files to be made available to your solicitor so that you can interrogate IF there is any signs that she genuinely was drugged and raped as she is claiming. There would also be aftermath info like psychiatrists/counsellor appointments. A lack of medical history could be used to strengthen your position.

I wouldn't imagine that a jury would be easily led, they normally see through lies quite easily. All that your defence needs to achieve is 'reasonable doubt' which should be reasonably easy with a historical case if you can find and present the relevant evidence.

[Faith]

The DHSS evidence could well be relevant to the case as it could potentially show the witness as being a known liar and therefore cast doubt on her reliability.

This could not be used unless she had been reported first. This of course can be done anonymously.

I wouldn't imagine that a jury would be easily led, they normally see through lies quite easily. All that your defence needs to achieve is 'reasonable doubt' which should be reasonably easy with a historical case if you can find and present the relevant evidence.

Where has this come from? You can't claim that juries 'normally see through lies quite easily' It's a different twelve people on a jury every single time...no one can possibly predict how easily they can be led. In these cases, it's the sad truth that juries CAN easily be led due to the sensitive and controversial subject matter. It is never going to be reasonably easy to win a case like this...no one facing this can afford to be complacent. That lesson is much too late to learn after a verdict has been delivered.

[lawlessone2009]

The DHSS evidence could well be relevant to the case as it could potentially show the witness as being a known liar and therefore cast doubt on her reliability.

This could not be used unless she had been reported first. This of course can be done anonymously.

I wouldn't imagine that a jury would be easily led, they normally see through lies quite easily. All that your defence needs to achieve is 'reasonable doubt' which should be reasonably easy with a historical case if you can find and present the relevant evidence.

Where has this come from? You can't claim that juries 'normally see through lies quite easily' It's a different twelve people on a jury every single time...no one can possibly predict how easily they can be led. In these cases, it's the sad truth that juries CAN easily be led due to the sensitive and controversial subject matter. It is never going to be reasonably easy to win a case like this...no one facing this can afford to be complacent. That lesson is much too late to learn after a verdict has been delivered.

Report her to the DHSS BUT keep it seperate. Just do not get embroiled in a tit for tat as it may result in too much energy being devoted to making her suffer through the DHSS system and not enough being done to counter the actual accusation. Keep a clear mind and focus attention where it is most relevant.

I know it cannot be used until proven so act now, let the DHSS do their thing but keep it seperate from your defence strategy until such times as it bears fruit.

Juries CAN see through lies. First you need to PROVE that they are lies. A weak defence team or a lack of effort and the jury will believe whatever is most credible or 'sounds' right. I indicated that the medical history would be relevant and it is something that I would be looking for as supporting evidence IF I was sitting on a jury. I have spoken with several people who have sat as jurors and all of them indicated that they could see through lies easily, what their interpretation of 'lies' is is where the energies should be focused. It's not a matter of being able to actually identify the lies but more the legal teams abilities to make everything 'look' like lies, there could well be 'truths' peppered throughout the accusers testimony. The defence team has to work on showing the accuser to be a liar, this can be easily achieved through medical records and any other avenues that are available. With it being historical it is difficult but by no means impossible. The very fact it's only been reported after 15 years should provide a lot of opportunity for casting doubt.

People who screw the DHSS for long periods of time are generally quite difficult to catch or they'd already have been caught! If you have compelling evidence then present it otherwise don't count on them being able to do anything.

[Faith]

I said nowhere that juries CAN'T see through lies. On many occasions the correct verdict is reached. But you should know, being an active member of this site, that there are also several occasions when that does not happen.

It is not helpful to tell a poster that it will be 'easy' to prove.
This is a case that can't be PROVEN. It's one word versus the other.

[Rights Fighter]

If this accuser has defrauded the DSS and it has been proved (reporting her might just provide this evidence) then this could well be very helpful evidence that is entirely relevant to this case.

Any evidence of relevant 'Bad Character' that shows that she is no stranger to claiming money under false pretences is obviously closely related to the fact that she has also shown an interest in making a potentially false claim for 'Compensation'.

Report her asap and see what happens. If she is prosecuted you can use that to your advantage.