Falsely Accused

[DevotedDad]

Well, my hell started 5 weeks ago. Only now have I been able to muster up the strength and courage to make a post.

I have been accused of raping my wife's 14 year old sister. I cannot stress enough that absolutely nothing happened and to be accused of such a sickening crime has shocked and scared me to the core. Thankfully my wife and my family are 100% behind me and know that I did not commit the accusations.

I am unsure of how much detail I should go into on here as I have nothing to hide however the detail would be rather obvious and easily traced back to me.*

There has been a long history of jealously and deviousness towards my wife from her sister but we never thought she could be capable of lying about something this serious.*

As a result of these accusations, I have been torn away from my wife and my 3 little beautiful children and only allowed supervised contact with my babies. Thankfully my wife is allowed to supervise me at our house so we are trying our best to maintain normality for them but it is breaking my heart. I have had to move out of our family home and move back in with my dad. The pain of leaving them every night is still as strong as the first night after being released on bail.*

I am due to go back to the police station this Thursday as dated on my bail conditions.

I'm sorry if I have bored you with my post or been too vague.*

DevotedDad.

[RFLH]

There's no need to go into details, someone may ask you questions at some point to make a point clearer to help with advice.

Welcome to the forum.

[Casehardened]

Hi & welcome,

The shock of such an allegation & subsequent arrest is indeed a life-changing experience.

As RFLH mentioned some further (vague) details would help clarify the situation.

Firstly, how soon after the last alleged instance of rape was the matter reported (this will determine whether it is treated as a historical or current case & therefore whether forensics, or lack of them, will be taken into consideration)

Incidentally, be prepared for a likely rebail on Thursday

[DevotedDad]

I was arrested the day after she alleged the incident happened.

I have been advised by my solicitor that I will be most likely rebailed.

Thank you for the welcome although I wish it was under different circumstances

[Casehardened]

Ah, in that case she would have undoubtedly undergone a medical examination, including a vaginal swab and you will have given a DNA sample as part of the arrest procedure.

That there will be none of your DNA present in/on her will be a significant factor for the CPS to consider.

[DevotedDad]

Yep the police took a DNA sample although this wasn't taken until 3 weeks after I was arrested along with my fingerprints and photo.

Although the fact that my DNA will not be found inside her provides some comfort, by the way I have been treated by the police makes me feel that that will not stop them taking it further

[Saffron]

I don't want to worry you, but if she was a regular visitor to your house there is a possibility that some of your DNA could be found on her clothing. It's called indirect transfer, I think. DNA can be anything from your body - a hair, a flake of skin, sweat. It doesn't just have to be semen.
Is she alleging a violent rape? If so, one would expect there to be some physical evidence of force and your DNA inside her, or at least on her skin or intimate body parts. The "rape" never occured, so this wouldn't be present. Unless of course she is even more devious than you imagined, and she somehow managed to steal your DNA.
Have you got a good, specialist solicitor? If you post up your county (just the county, nothing more) someone here might be able to recommend one.

I am amazed that she reported the "rape" within 24 hours, yet it took Plod 3 weeks to arrest you. Pretty slack. Maybe something in her statement didn't ring true, so your arrest wasn't prioritised.

And I'm sorry to say it, but Welcome To The Forum

[DevotedDad]

Thanks Saffron.

I was arrested within hours of it being reported. They did not fingerprint me, photograph me or take DNA until 3 weeks after.

As you put it there will be an indirect transfer of DNA as she had done something devious that night but without going into the details (would be an obvious detail that would be recognisable) I can say that nothing intimate or sexual occurred.

My solicitor is Simon Morton of Mortons. He seems very clued up and experienced.

[Faith]

I am sure Mortons often post on here as a member.

[DevotedDad]

In my browsing before posting I did notice a couple of posts by them

[Casehardened]

Although the fact that my DNA will not be found inside her provides some comfort, by the way I have been treated by the police makes me feel that that will not stop them taking it further

The police will do their job and no doubt they suggested to you that you did commit the offence and it would be much better if you admitted it now: ergo a confession, tick in the box, and on to the next job!

Fortunately it will be analytical CPS lawyers who will decide whether to take it further or not and the forensic evidence (or lack of it) will play a great part in their decision. As Saffron says, much depends on what the girl actually alleged has happened (but don't post up these details)

[fighter]

DevotedDad, sorry you have to be here in the forum. It is good that you finally got the courage to post here. I think the allegation being recent and her reporting it at once can work in your favor because there should be some evidence of what happened. I knew of a case of a liar who reported she was raped and when nothing was found in the examination, the case was dropped. I hope your case doesnt dragged on long and you can be with your family again.

[Rights Fighter]

We need to be realistic here. Please do not become complacent just because no semen will be found inside her, from what you say.

W&C went to trial (thankfully unanimously found not guilty on all counts). There was no forensic evidence. He volunteered to undergo all forensic tests and handed over every item of clothing that was required - she on the other hand refused to hand over her clothes for several days and then when she eventually did she refused to hand over her knickers.

She also refused to have a medical examination. The first excuse was that it was a male examiner. The 2nd examiner was apparently a female but she refused that one too.

No evidence apart from the word of that complainant but we still attended court for a whole week after which he was cleared. Hundreds of thousands of pounds of tax payers money wasted on that case altogether.

[NOHOPE]

it is absurd that so many cases go to court wasting money just because of someones word. something has to change and i know some of these people are guilty but a lot are not and the british justice system needs to get things sorted its just a joke.

[fighter]

W&C went to trial (thankfully unanimously found not guilty on all counts). There was no forensic evidence. He volunteered to undergo all forensic tests and handed over every item of clothing that was required - she on the other hand refused to hand over her clothes for several days and then when she eventually did she refused to hand over her knickers..

OH yes, RF you are right.... forgot about WC's case! Sorry about that! But i still hope devoteddad;s case doesnt drag on for so long...