PLease help! My husband falsely accused of sexual assault

[bentetres]

Hi,

My husband has been arrested few days ago and been held for almost 12 traumatizing hours by the police. He's been falsely accused of harassing a woman sexually. The story was he's been drinking with friends who also were my friends, we just met this woman who was my friend's friend as well. what i heard is that the girl started to cry, and put the blame on my husband that he sexually abused her by fingering her vagina in the back garden of my friends house. After that day she reported it to the police, and we are so worried what will happen next. The police took some nail clippings from my husband and said they would need it to check if he really did fingered the lady. I know my husband will not do such things,even when he drinks. Some people said 2 witnesses will show up and prove that the woman have been touched not fingered unfortunately those 2 witnesses were my friends as well. Im so confused, what if the dna got a negative result? will the judge still vary on the witnesses? we also talked to one of his friend, where he confessed that he knows who was in the back garden with the girl. But did not see what really happened. My friend also told me that some guys settled with her already and apologizes on what they did to her, because my husband know that his friends that time was molesting her while she was drunk.

This woman, was flirting to other guys that time thats why i dont know why she keeps blaiming my husband. At one point we all know that she doesnt have the right to live in uk, and that my husband knows it thats why shes doing this. PLease help i dont know what to do, its affecting my family too much, i cant even focus to my son anymore.

PLease help, i know my grammar is not good but please i need some advice.

[lawlessone2009]

Are you in England and Wales or Scotland?

Do you already have a legal representative (solicitor) acting on your bahalf?

How soon after the incident did your husband get arrested and have his finger nail sampled?

[Boys don't cry]

Bentetres

Did the police take only fingernails or I should think fingerprints, finger swabs,hair...
Even if your "friends" witnessed the "act" they are still witnesses and you should ask a solicitor to question them ASAP vs the police.
Your husband knows better what really happened so if you want to help him he should tell you the whole and true story.
Tell him to write every details now as he might forget important things.
He must remember as much as possible,everything counts.
Best of luck.

[bentetres]

@lawlessone2009

Lawlessone2009

Yes we are based in england, london.
And yes we do, legal aid and its free so i dont really know if they can really help.

They took his finger clipping when he was arrested exactly a day after the incident.

@ boysdontcry,

Yes they dont his finger clippings, and finger prints as well the police said they always do that when they arrest someone. Yeah, he did know what happened that time, and yes we are trying to write down everything, everything is a mess because his friends keep blaming that he did it. can you tell me if the dna is negative, is it still possible to find him guilty?

Thank you so much for all the help

[lawlessone2009]

Legal aid is just the same as private except the taxpayer picks up the bill... It's like a no frills version...

Legal representation can still vary massively. You need a Legal Aid solicitor that specialises in sexual cases. Others on here may be able to recommend someone close to you.

If his finger nails were swabbed correctly then the chances are very high that her DNA would still be present as it is particularly hard to remove from under a nail. It's not impossible mind but difficult.

What happens now is anyones guess at the moment. You and your husband need to sort out legal representation and also track down any potential witnesses for your defence. Don't approach or harrass anyone that could be a witness against your husband, leave all communications on that path to your legal representative.

This really could be an open and shut case with the DNA having a strong chance of showing guilt or possible innocence just don't count on it being over anytime soon and even a lack of DNA doesn't necessarily mean that the case will be dropped. Even the most ridiculous of cases go before the courts...

Welcome to the forum.

[Faith]

Welcome to the forum. Sorry that you are in this situation and have needed to seek us out but we will try to support you as much as possible.

The first thing you should do if you haven't done so already is to read the thread stuck to the top of this section of the forum titled 'What to do now'
It is a concise list of the steps you should take now that this allegation has been raised

Important points to reiterate...see if you can find a specialist solicitor to talk to about this. If you cannot afford to pay privately don't worry. Money doesn't necessarily buy you good representation. There are plenty of decent solicitors who work on legal aid. As your husband has not been charged for the moment, there isn;t a great deal a solicitor can do but they may well offer you a little bit of advice.

The other important thing to take on board is if you find any evidence/witnesses etc...direct them to the solicitor, NOT the police. This is where having a specialised solicitor becomes important as one who may not know how these cases can work may give your best evidence to the plod...and then the complainant conveniently changes her story to fit. Sorry to say that it happens.

As tempting as it may be, do not contact the complainant. If she contacts you or anyone close to you, take evidence (ie a screenshot or save the text message) and give it to the solicitor.

Speak to your GP for support...both of you. This will be just as hard on you as it will your husband.

If he genuinely hasn't touched her, then this could show up on the DNA evidence.

If you are in the North of London EBR Attridges may be a good choice. The main solicitor of choice in these kinds of cases is Chris Saltrese. He is not based in London but works nationally, but due to restrictions of current legal aid you would need to pay privately for his services. I am not sure whether Attridges do work on legal aid. Do a google search on these and you may want to contact them should a charge come. Remember, as I said earlier, solicitors can't do a great deal without any case paperwork and these won;t be available until a charge comes.

[marynarz]

Welcome to the forum. Sorry that you are in this situation

I am not sure whether Attridges do work on legal aid. Do a google search on these and you may want to contact them should a charge come.

Yes, they do legal aid

[Faith]

Thanks Marynarz

[Rights Fighter]

Nice to see you back Marynaz! I wondered where you had gone!

[marynarz]

Family and work, family and work :-)

And Im still alive