Falsely accused of rape by my wife of 12 weeks

[just married]

Hi

My title says it all, really. I've been reading these posts since soon after my arrest in early May, following an allegation by my wife of 12 weeks made to the police in late April.

Hello to you all, and sympathy to you if you are, or have been in this horrible situation.

I married in January. The last time I saw my new wife was early April.
At the beginning of May, after a 7.30am arrest from my home, being fingerprinted, dna swabbed, photographed and put in a cell, I declined the police's offer of a duty solicitor when eventually interviewed and invited to discuss the most intimate details of our sex life.

From what I remember of her allegation, read to me by the detective constable from 'Sapphire unit'
She claims I penetrated her while she was still sleeping.
She claims she objected and tried to push me away.
She claims she had wanted to leave before, but the sex was 'so good'.
I denied all of the allegations, and said the sex had always been at her instigation.

I'm conditionally bailed to return to the police station on 15th June.
I've contacted a specialist false accusations legal agent here in South London, and had a brief meeting with his recommended solicitor. I have provided funds on account.

I've been spending my time writing down everything I can remember about the entire relationship, (of only 6 months) the events leading up to, and during the period of the allegation.

Interesting that my reactions to this allegation, and will to survive have, for now, overwhelmed the despair at the loss of such love.

[Faith]

Sorry to hear of your predicament...you have found a good place for support.
You say you last saw your wife in April and the arrest in May. What caused the gap where you didn't see her? Was there a fallout or a split? Could that have been a motive for a vengeful allegation?

Also, you say you are funding your own legal team, which implies that you have some disposable income? is there a chance, as difficult as it would be for you to get your head around, that you were married for money and this 'accusation' is a way of her claiming a big pay off both in the divorce courts and through compensation?

It is important that you seek a motive for why she has done this.
I am sure that your legal representation has told you that it was a mistake to decline the solicitor in your interview but I am not going to criticise you for that. In fact, it's a normal response for those who have had no dealings with the police...if I haven't done anything wrong, why do I need a solicitor? Sadly it doesn't work that way and a solicitor can act as your protection in that interview.

You will feel wounded as, like you say, not only are you dealing with the allegation but you also have to endure the pain of your short marriage falling apart. Have you got a support network of family/trusted friends who you can turn to? Would you consider a visit to your GP who may provide you with some counselling?

What happens now is that the police will try and build a case against you (note the word against; rarely will they seek information that may benefit you. Remember that they are not on your side) Any evidence YOU find, take it to your solicitor, not the police.
Do not be tempted to contact your accuser. If she contacts you inform your solicitor, with screen shotted evidence if it is via email or social media.

Once the police have gathered their information, a file will be sent to the CPS who will decide whether or not a conviction is 50% or more likely. If not, they will take no further action, if so you will be charged. You have no means of knowing how it will go at the moment, I'm afraid.

The worst part is the waiting, of which there is a heck of a lot. Be prepared to be rebailed in the future before any decision is reached.

Keep coming back; we have a supportive group of members here who have been touched by the very same issue in many ways. Some have come out the other end, others are still where you are now. Try and avoid reading the horror stories on here. Our membership is just a scratch on the surface of a massive issue so the results here are not necessarily typical.

Read the thread in the 'Falsely Accused of Rape' section entitled 'What to do now'
Take Care.

[just married]

Thank you Faith.

Having confided in only four friends about this, it's difficult to talk about it again. I've found the shock of finding myself in this legal process has prevented me being emotional.
Yes, there was a falling out...
And yes, the compensation issue did occur to me, though I have been advised that substantial CICA payments are apparently less common than is thought...

I'd have thought a divorce settlement equally unlikely after only 12 weeks of marriage? So far, I've understood that divorce will only be considered by a court after one year of marriage.

I've yet to see a doctor. I had prearranged cystectomy surgery in early April, 3 days after she'd left. I have been slightly involved with my GP since my op, which wasn't entirely successful. Ironically, I was arrested the morning of a hospital appointment for a further diagnosis, which is now postponed.

I find it very hard to contemplate talking to anyone about the allegation, what with the stigma surrounding this... However, I will take your suggestion onboard re; visiting a GP...This forum, also as you say, is, I'm sure, a good place for support.

Thank you for your sound advice. I have spent most of my time reading everything I can, and the rest of my time writing out what I remember. I have 22 pages of type, in it's maybe, 10th edit. atm.

best wishes,

[Faith]

You might be pleasantly surprised by the lack of stigma, in particular where contact with medical professionals is concerned. If you're not comfortable with your own GP, can you request an appointment with another? The GP is just a stepping stone to a counsellor anyway

I must admit not to being up on divorce procedures so you could well be right on that score. However, she will be entitled to make a claim for compensation so that could be the driving force. If the row was pretty severe she may also be seeking a bit of payback. You'd be amazed by some of the motives that drive some of these false allegations.

You will find yourself on a pretty nasty rollercoaster...and it is still very much raw. It sounds insane right now, but there will be okay days. Once youre used to this surreal situation you've ended up in (or as used to it as it is humanly possible) you will find that some days will feel relatively normal.

[just married]

Thanks, Faith.

In the first few days after my arrest, I read up on CICA claims, and immediately thought, with the sums I read about as reward for making an allegation, that alone would be enough incentive. My legal agent though, dismissed this. I'll perhaps get back to him on that.

I have tended to avoid things that are difficult, so I need to be more proactive....

[Faith]

Well even if she doesn't get the compensation, it could still well have been the motive as she wouldn't have known until she tried...

[Rights Fighter]

I've contacted a specialist false accusations legal agent here in South London, and had a brief meeting with his recommended solicitor. I have provided funds on account.

I wonder who that could be........any ideas Faith???


Have you signed a contract yet?

[just married]

Hello, Rights Fighter.

Thank you for your input.
I dont think I signed a contract, but have provided funds to cover representations on my behalf at my next visit to the police stn, and beyond, based on 10 hours at £250 ph.
I did speak via email to Harry Jervis, of Chris Saltrese sols, prior to an appointment with the false accused agent and his recommended young in-house solicitor. I gather they are specialists in false allegations, and will help me defend myself.

Having no experience of this situation, I'm having to seek whatever help I can. Web-based research has been the best I can do.

[Rights Fighter]

Yes I know Harry. I speak to him when I need something from the office or to pass a message. He's lovely. Chris has a proven record of getting many of these cases chucked out before the trial or preventing the client being charged.

I think I know who you have seen. If you are asked to sign a contract by the agent please read it very carefully first, is all I can say, as one needs to whenever one signs a contract that can entail paying out thousands of pounds where there is no guarantee of success.

You could have gone straight to the solicitor (or any solicitor of your choice) without paying a middle man.

[Faith]

I wonder who that could be........any ideas Faith???


Have you signed a contract yet?

Oh heck, I missed that bit...alarm bells should have rung straight away.

I can only echo what RF is saying OP...take care with this 'agent'

However it was a very good move contacting Chris Saltrese solicitors, of whom I cannot speak too highly. They dealt with my case and I speak from personal experience that you won't get better representation than that.

This agent who you paid for representation at the police station...are they saying that THEY will represent you at the police station or that they will find a solicitor to do so. if it is the former, I would check they are qualified to do so. If the latter, then, as RF says, you can find this representation yourself...and won't have to pay for the service of what is basically a phone call or an email.

[Rights Fighter]

£250 an hour for telephone consultation (or even face to face) when you've not been charged seems a bit steep. Most sols who deal mainly with false allegations of rape will chat on the phone for nothing so long as you don't take the pi*s.

Faith I don't think it would be the agent doing the police station interview but the young in-house sol the OP refers to.

[just married]

Thank you, both.

I spent an hour and a half in consultation with the agent at no cost, before he brought up a young solicitor from elsewhere in the building. The solicitor, after a short interview, asked me to provide these funds on account, and I signed a brief 'authority' form..

'I, .... of ... wish to instruct....(partner of the firm of solicitors) to represent me at the police stn in relation to my ongoing matter. I authorise the release of all my case papers to be immediately transferred to him at... for his attention.'

I have left them with an early draft of my 15 page or so, document of what I remember of the circumstances around the allegation. I'm a little concerned that this was a week ago, and I've not yet heard from them, re; whether they have access to the interview tape, etc. I'll start a renewed drive tomorrow.

and sorry, my abbreviations are going to need work, what's 'OP'?

[Rights Fighter]

OP - Original Post/er.

If it is the agent I am thinking of you will be charged at a later date or the charge will be included with the solicitor's.

Extract: I authorise the release of all my case papers to be immediately transferred to him at... for his attention

As you have not been charged there will be little or no case papers and no release of the interview tape - I would be amazed if this happened prior to charge. There would be little point them obtaining the interview tape as little paperwork would be forthcoming until after charge so nothing to compare it with.

It sounds like you have signed something that should you be charged, you would have to stick with them. I could be wrong of course on that bit.....but that is what it sounds like....

[just married]

Thanks, Rights Fighter.

I'd like to, (and can hopefully just about afford to) keep my options open regarding the team I instruct.

I understand there's little anyone can do at this stage...

This conversation has been very helpful, thank you both again.

[Faith]

Which of course is quite a big decision to make so early...
Would be wiser to wait and see if a charge comes and, if it does, then weigh up your options.
I hope you read what you signed very closely. Do you have a copy of it?