common law FALSELY accused me of 3 counts of Sexual Assault

[Canuk]

I was tryng to look for support groups in Ontario Canada and wasn't having much luck. I kept coming across this site and read what has happened to others and could completely understand how they feel.

I was in a 10 year relationship with this person and we have 2 small children together. 2 months ago she recently started having an affair with some guy and wanted to end our relationship. I was really upset about it and it took me about a month to work through all the hurt associated with a long term break up. We remained Best friends after the break up and she would tell me lots of stuff about this weird guy. Things like he has alot of guns including machine guns, security cameras in the trees around his place and also that he smokes some dope. I truly believed the guy had a grow-op somewhere on his 100 acre property and I was so worried she was going to take my children there and they would get into his dope stash or his guns. I told her one day that I might apply for custody of the children and she got angry with me about that.

One day while I was at our family home I saw she had left her email open so I looked and saw she had been sending him nude photos of herself so I got upset about it and decided to upload one of the pictures to my phone. I then did a stupid thing, I anonymously sent that picture to her iphone and said someone was sharing. I believed she would think the guy she sent it to was sharing it and they would break up and I wouldn't have to worry about my children ever going to his place.

My Best friend came to me and said she knew it was me who sent it to her and that I have one chance to admit and I refused to say I did it. She then said our friendship is over and 2 days later the police showed up at my place and arrested me for 3 counts of Sexual Assaut and one count of Crimminal Harrassment. I was in shock and didn't understand what was happening to me. I was sent to jail and had no way of telling anyone what was happening to me because the only phone call I could make was to a lawyer. I was completely terrified not knowing if I was ever going to get out of jail. I eventually got released on bail with strict conditions.

While I was in court I had heard she made even more FALSE accusations against me, by saying she saw me looking at child porn and I have a hand gun. She also told the police she feared for her life. The 3 rape lies she said, were a over a year ago while she was on sleeping pills. I know nothing about any sleeping pills and I think she is saying this so she has a way out of testifying in court. She probably will just claim she was out of it and don't remember everything. (that's just my guess) I think she is very worried about getting caught in her lies so she can just tell the crown at any time she doesn't want to go through with it and it's dropped. She achieves her goal by scaring the hell out of me and she also gets away with the False accusations because there is nothing that can really be done to these crazy people. They legally get away with it.

Her motive in this was me wanting custody of the children and Revenge.

While on bail I am to have no contact with her and yet she is constantly calling me wanting to talk (all this from someone who told police they were afraid for their life). She even demanded I write a letter to Family court giving her my consent to have full custody of the children. She said if I didn't do it then she would say she saw me near her house and I would be sent back to jail. I had no choice but to give her this letter because if I get sent back to jail then I have to stay in a maxium security jail for the next 8 months waiting for a trial for something that I never did. I honestly don't know how people can get away with this. I am completely at her mercy and am afraid to even go outside.


My first court date is Oct 4th and this whole thing has been a nightmare for me and my children. This woman has accused 2 different Landlords in the past of Sexual offenses so she could get free rent. I was told that I can't even bring that up in court because she is protected under the rape shield law. This is important information and cannot be used. The whole Justice system is terrible.


I am never going to be the same after this. I have major trust issues regarding women now and don't think I will ever be in another relationship again.

[Saffron]

Hi Canuk and welcome
The first thing I have to say is that most of us here will find it very difficult to offer any advice on the legal process because you are in Canada. The laws there are very different to UK laws, although your ex's motive is all too familiar.
What we can offer though, is sympathy and support.
Keep a record of the calls from her and give them to your legal team. She is either trying to get you to break your bail conditions, or she is getting cold feet and wants to call the whole process off.
Have you got any close friends or family you can talk to? You need to share your burden.
I'm sorry you find yourself here.

[Canuk]

Advice please

I never ever threatened her life or was ever physical. I also never did any of that stalking thing. She is trying to use a text I sent her against me where I said "I am warning you, Don't f'ck with me" When I said this, it was with regards to how she was treating the children, like they don't exist or mean anything. What I meant by my warning was that I was going to call Childrens Aid if she continue to neglect them.

I know I did wrong by sending her picture to her by phone and saying it was being shared. is this Criminal Harrasment? . . this is all I am guilty of and she has punished me for it big time with the False sexual assaults charges.

[Boys don't cry]

Hello Canuk and sorry to meet you here.

I can understand why you sent this picture to her in order to protect your children and because of jealousy
but I am afraid that you are paying the price now.

http://www.legalmatch.com/law-librar...g-illegal.html

Is your solicitor experienced in sexual defense cases?

Could you prove that your partner asked (blackmailed) you to write this custody letter for the family court.

Canadian law requires that at least one party in a phone call be aware of the recording,so maybe you could try to tape any evidence.
But before doing so I suggest that you have a word about it with your solicitor.

http://www.legaltree.ca/node/908

Take care and keep faith.

[Canuk]

I am going to get through this nightmare

Those links you posted were very helpful, thank you boys dont cry!

I cannot afford a high end lawyer so I have to make do with a legal aid lawyer. I chose a female lawyer and I heard she is good so I am trusting her with my life. She was not happy with me for giving that letter because my lawyer says that my ex can now go to the police anytime she wants to have me breached and sent back to jail. I told her she was going to lie and have me breached if I did not do it, so I am screwed both ways. I have a record of the time and date she called me on my private cell for the letter and have shown this to my lawyer.

After I checked that link you posted, it made me feel better because I was concerned I might have done criminal harrasment and not realize it. There is a Sexting law about sharing someone photo and this is kinda what I have done. I still am not sure though that it applies to me because the sharing means with a thrid party or more. I never shared her photo with anyone except her but I did text her anonymously and said it was being shared by someone. So letting her think it was being shared might be as bad as sharing it. (I don't know the answer to this) but I will take full responsibilty for my actions regarding her photo.

When you get falsely accused of a sexual crime it's very scary and I am so thankful to all the people who created this site. The information and support as well as all the other peoples stories have been so helpful. When you come here, you don't feel alone.

[Canuk]

I have some questions.

My first court date is next week and I am suppose to receive the disclosure of lies this person had said about me. It's been a very difficult month dealing with all this and I still don't know very many details about what I have been Falsely accused of.


1 - Does my lawyer talk to the crown on my first day at court and tell him that this person is a serial accuser or does that information get saved for a preliminary/pretrial court date?

2 - After reading what has happened to me, do you think there is a chance the court will drop the charges when I go to court next week?

3 - Knowing what her motives were for doing this, Can I cling on to any bit of hope that a judge or crown will see this revenge and let me have my life back?

4 - My lawyer wants a fast preliminary hearing so accuser has to testify to her lies, how long on average does it take to get a fast preliminary hearing?

5 - When charges get dropped does that mean bail conditions are gone immedietly, including restraining order?


I know some UK Laws are different than Canada but any answers or opinions to my questions would be appreciated. - Thank you

[Boys don't cry]

My first court date is next week and I am suppose to receive the disclosure of lies this person had said about me. It's been a very difficult month dealing with all this and I still don't know very many details about what I have been Falsely accused of.


1 - Does my lawyer talk to the crown on my first day at court and tell him that this person is a serial accuser or does that information get saved for a preliminary/pretrial court date?

2 - After reading what has happened to me, do you think there is a chance the court will drop the charges when I go to court next week?

3 - Knowing what her motives were for doing this, Can I cling on to any bit of hope that a judge or crown will see this revenge and let me have my life back?

4 - My lawyer wants a fast preliminary hearing so accuser has to testify to her lies, how long on average does it take to get a fast preliminary hearing?

5 - When charges get dropped does that mean bail conditions are gone immedietly, including restraining order?


I know some UK Laws are different than Canada but any answers or opinions to my questions would be appreciated. - Thank you

Hi again, Canuk.

In your first post you wrote "While I was in court I had heard she made even more FALSE accusations against me".
Do you have a barrister or only a lawyer(advocate)?

I'll give you my personal answers to your questions:

1 Here is a "sticky" from this forum thanks to LS and you won't find any better:
http://www.daftmoo.org.uk/mooforum/s...xpect-at-Trial

2 Why do you think the court will drop the charges?
It can happen but it is quite exceptional,
I hope that you seriously prepared your defence instead of expecting the charges to be cancelled.

3 This should be the objective (goal) of your defence.

4 The preliminary hearing will just last maximum about an hour.
Your lawyer will tell the judge what you are accused of and you will have to plead "Not guilty".

5 Same as answer number 2.

You must keep strong and fight Canuk.

[Canuk]

I just want it over with it

Thank you Boys don't cry for the information and your opinion. I just have a legal aid lawyer and I talked with her last night. She was saying she couldn't decide if setting a trial date was better then setting a preliminary hearing. That comment kind of got me worried about my lawyer because I would think that a preliminary is better and comes quicker then a trial. At a preliminary this seriel accuser has to testify to her lies so there is a chance it could be over with then. . am I right thinking that? . . why would lawyer want to jump right to trial?

This False accuser has blackmailed me while I am on bail and caused me to breach so I worry every day that I will be sent back to jail.


She calls me and says "I warned you not to interfere in my relationship" I tell her I am facing 35 years in prison over this and she says "just plead not guilty" . .
She then tells me she wants peace and quiet and I tell her "yes peace and quiet is good and I want that too". . . she then accuses me of never caring enough about her and then hangs the phone up.

I truly believe this woman has a borderline personality disorder.


The reason why I think charges are going to get dropped is because this False accuser has no intention on ever going to court. she has told me this. I think she is worried about getting caught in her lies. I remember the police officer telling me she said in her statement that we have only been together for 5 years. like oh my god we have been together for 10 years and I have many witness's and documents to prove this. . . when I prove she lied about this, will that be enough to stop this nightmare or is she allowed to get away with more then one lie on the court stand?. . how many lies does she have to be caught in before the court finally has some intelligence and figures out that I am actually the victim???



I don't trust her so I am preparing myself for Trial by Jury.



We all just need to stand together and make more victims of False allegations know about this website. I would think there is many in Canada and the USA that have no place to turn for support so expanding this website to other countries might be a good suggestion. We could have thousands of people who have been victims of False allegations protest worldwide to change the laws so False accuser is held accountable with jail sentence.

[Boys don't cry]

At a preliminary this serial accuser has to testify to her lies so there is a chance it could be over with then. . am I right thinking that?

She calls me and says "I warned you not to interfere in my relationship" I tell her I am facing 35 years in prison over this and she says "just plead not guilty" . .
She then tells me she wants peace and quiet and I tell her "yes peace and quiet is good and I want that too". . . she then accuses me of never caring enough about her and then hangs the phone up.

The reason why I think charges are going to get dropped is because this False accuser has no intention on ever going to. she has told me this.

I remember the police officer telling me she said in her statement that we have only been together for 5 years. like oh my god we have been together for 10 years and I have many witness's and documents to prove this. . . when I prove she lied about this, will that be enough to stop this nightmare or is she allowed to get away with more then one lie on the court stand?. . how many lies does she have to be caught in before the court finally has some intelligence and figures out that I am actually the victim???

I don't trust her so I am preparing myself for Trial by Jury.

Canuk

If in Canada the rules are the same than in UK:your accuser won't be present at the preliminary hearing.
As I already wrote you will be only presented with the charges.

You should meet your lawyer a few minutes before going in the court room.
Inside the court room the judge will only ask you if you are Mr Canuk.
He will tell you what the charges against you are... and do you plead guilty or not.

Did you manage to record your last conversations with your ex best friend?
If you want some results you must help yourself and your defence.
Do you have some material evidence?

You wrote:
" The reason why I think charges are going to get dropped is because this False accuser has no intention on ever going to. she has told me this"

I would only answer:My accuser didn't even want to call the police and I went to trial,so I wouldn't believe what your "friend" said.
And "Alea jacta est" from Julius Caesar (The die is cast).
She can't admit her lies because she would face jail herself.

She said in her police statement that you have only been 5 years together instead of 10.
I had an example like this,about mixed dates and my barrister only told me that she made a mistakes.
And she lied:my solicitor,barrister and I heard that she did contradict her story in Crown court vs her police statement.
But she still enjoys herself...

You really need to concentrate on your defence Canuk,it is the only advice I can give you.

I wouldn't believe in the charges being dropped,your friend admitting that she lied,...

Do you have texts on your mobile that could help you,emails,...

When you write what she tells you on the phone, I would really consider recording these conversations.
Once again,you must act.

Take care.

[Canuk]

Last month I was at court to get out of jail and this week I go back to court to enter plea of not guilty.

I haven't been able to build up my defence yet because I don't know what the details are of what I am being Falsely accused of. When I am at court this week I get to receive the disclosure of her lies so I will be able to start on my defence. I will try to get a phone that records incoming calls.

I always thought the preliminary hearing was the court date where the lier has to testify and then judge has to decide if there is enough evidence for a Trial? maybe I have the name wrong for this? My Lawyer thought it might be better to jump right to Trial rather then set a court date to see if there is enough evidence to even go to Trial. I don't understand this kind of thinking. Why would Lawyer want to do something like that?

From what I have been told, it looks like the fastest court date I can get for judge to hear these lies is 3 months away. I am not happy about having to be on strict bail conditions until then, this crazy woman will be able to continue to have control of my life. I don't want to talk to her at all but I am in a really bad situation because she has me blackmailed, she decides if I have freedom or if she wants to send me back to jail for breach.


I can already see it, she has a temper tantrum one night and decides to take it out on me and then I go to jail for the next 3 months until next court date. The evidence hearing comes and judge finds out there is no evidence and says to me "you are free to go" and then I flip out and tell judge and crown "you bunch of f'cking idiots, I told you all along that this was Revenge and all a game to her" . Then judge tells to me to calm down and I tell them all to go get some f'ckin education and then I get sent to jail for contempt ofr court. I won't care either because at least then I will be in jail for something I actually did.