Falsely accused of rape by my wife of 12 weeks

[myhome]

Oh JM - this is so hard for you...it can take a very long time or no time at all - just like grieving - it's different for everyone. It does fade but the process really hurts especially where you have been wronged as well....... sending hugs

[myhome]

Hi JM - you's you doin'? MH

[just married]

Hiya. cm.

better now thanx.

tm. xxx

ps, ran my 7.5kms today along by the river. Running days are much better than non running days. I've done 7.5kms a day five days out of the last seven. A good routine.

[myhome]

Hi TM - good to hear from you, glad you're feelong a bit better and well done on the running. Haven't climbed for 2 weeks cos I was proper poorly in hosp for 4 days, and I miss it.... will go again this week.
CM x

[just married]

PM'd you, CM .
TM x

[just married]

There is a lot of talk on the forum of NFA and 'No Crime'.

I have been asking the police stuff over the last few weeks on askthepolice.co.uk.

Most recently, amongst other things, I asked this:

The Nfa notice issued after six weeks states that I was arrested for the
Offence of Rape. I committed no Offence.

I had a malicious false allegation made against me, presumably in order for
my accuser to become eligible for the benefits available in the UK befitting
her status as accuser.
I understand my data now remains on the PNC indefinitely, and I remain a
rape suspect for the remainder of my life.

I want to know
1) what rights I have to be told why the police and CPS, in relation to the
available evidence, chose to issue an NFA notice when no crime had been
committed.
I want a) the NFA status of the case removed and No Crime recorded.
I also want b) my DNA sample and all copies of my photograph and fingerprint
images removed from the PNC and destroyed.
I would like to know how do I proceed to achieve a) and b) above.

This was the reassuring and interesting reply:

The police have a statutory power to take fingerprints and samples from a person who is detained at a police station in consequence of his arrest for a recordable offence. (section 61 Police and Criminal Evidence Act 1984).

If however a case is discontinued it has been held by the courts that to retain such biometric data is a breach of human rights. (S and Marper v UK 2008). This case related to persons acquitted after trial. In your case the matter was NFA'd and therefore section 64(3) of the same act above states that the samples must be destroyed as soon as they have fulfilled the purpose for which they were taken. The police would therefore not be retaining your samples anyway. If you suspect that they are then you need to contact them directly to find out.

In relation to the record of 'NFA' as opposed to 'no crime', this is essentially the same thing. It is a matter for each forces policy as to how they record such matters.

In relation to the ecrb, the CRB is now called the Disclosure and Barring Service. You can contact them directly for advice but it is clear from their website that you cannot do a criminal records on yourself. Any future employer must not apply for a check unless the job or role is eligible for one. The only way to find out what may be disclosed on a check is to submit the subject access report as stated in our previous email.

Ask the police can be found here, https://www.askthe.police.uk/

and the subject access request form can be found here, http://www.acro.police.uk/subject_access.aspx where you can print yourself a copy. It costs a tenner to send, and the reply must come within 40 days.



Hope this is of help to members. If I'm deluding myself, then senior members, please advise.
With askthepolice, it is most important that your question is clear and unambiguous. I had to ask a few times for information due to potential misunderstandings in my questions.

[Faith]

There is a discrepency form online via the DBS that you fill out if you are contesting your CRB. Write to your MP for support in this, it may/may not yield results. I am in the midst of this process at the moment. I will update when I get a result either way

[just married]

Thanks, Faith...