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  • Need some help and advice please..

    I need some help and advice with a situation I am going through at the moment.

    I was married for 2 and a half years and recently split on the 4th of September. She was very psychotic and on the 4th threatened to kill me with a knife and then went on to trashing the house ( I was voice recording this whole incident as this is not the first time she has acted like this). I didn?t call the police, I called her parents who came and after 2 hours of arguing they left. Prior to this we had been living in separate rooms for several months. (unfortunatley I don't have the recording as it was a new phone and it crashed)

    I had contact with her father after this as I had taken out a loan for him and I wanted him to sign a document to confirm he will continue paying this back. He said he will think about it but wanted to wait until he came back from holiday. I wasn?t prepared to wait so I let him know that I needed an answer before he left.


    I telephoned him on the 7th and asked if he had come to a decision. He acted dumb - making out I didn?t give him a loan, so I informed him that I would be going to the Police and the Homeoffice. On that night I went to the police station and reported the threats and the criminal damage caused to the house. I voice recorded this whole telephone conversation.

    I had been off from work for several days and on the 8th when I returned I noticed I had received an email from her sent on in the mourning of the 7th asking to wait for her father to get back and we can then sort out the divorce procedure (all written in a amicable manner).

    I wanted to get a quick divorce which I was unable to as she had stolen the marriage certificate and some of my other personal items. I went to her parents house to get these items and called her in advance (I informed the police I was doing this incase there was any trouble). The police didn?t turn up when I asked them to but when she called they did. It was then that the police officer informed me that some allegations have been made against me.

    Two days later I went in to the police station for questioning and am currently released on bail until the 7th of November when I will be told if they are going to charge me or not. My Solicitor was present and advised me that they need to wait for the hospital reports and to collect evidence.

    She claims that I raped her on the date we broke up (4th September) but only went to the hospital/ police on the 7th ? the time was not disclosed to me but it must have been after the telephone conversation I had with them.

    She has made up a story up about how I forced her on to the floor and raped her because she said no, she has a small bruise on her leg from this. Now I know this bruise was there before the 4th of September. We did have sex on the 4th which she instigated but I stopped because I knew she was using it as a way of trying to get us back together and didn?t ejaculate. However, later that day her friend came round and she did her hair for her?

    I provided the police with the email she sent me on the morning of the 7th and also the recording made with me telling them I will be going to the police. I also gave them recording that were made previously where she threatened to ruin my life if I left her and she also threatens me with a knife.

    The thing is that I have all this evidence which shows this is revenge and these allegations have come from my threat. I am going through hell at the moment because I?ve just found out that she?s going out having fun, going out with another guy ? these are the actions of a woman that?s been raped?

    I?m getting very depressed and angry that someone can try to ruin my life like this. Is there any advice anyone can give me on what else I can do? I?ve spoken to other police officers who assure me the police are not stupid but my life is in their hands at the moment.


    We had sex on that date but so will they be looking for forced entry on the hospital reports, rips, damage etc etc?

    Can they tell how old that bruise is and what she got it from?

    Will they prosecute her when they figure out this is revenge?

    Are they keeping an eye on her to see what she is doing?


    any help and advice would be much appreicated [img]style_emoticons/<#EMO_DIR#>/sad.gif[/img]

  • #2
    Hello

    Firstly, my sympathies. I wouldn&#39;t wish what you are going through on my worst enemy.

    The police are not stupid. However, I am not certain that the tape recordings would be considered legally admissible as evidence, so do ask your solicitor.

    Regardless of whether they believe you or not, they have no choice but to investigate an accusation like this. an accusation of rape is very very serious indeed, and the offence carries a life sentence. recent social and political pressures mean that they will prefer charges based on the flimsiest of evidence. Your ex will be given consideration above you. The fact that you had intercourse is of no consequence - it simply becomes an issue of consent.

    Under new laws, you as the defendant will need to prove that you actively sought consent from her, or that her actions left you in no doubt that she had given her consent. This means effectively that you have to prove your innocence, rather than the prosecution proving your guilt.

    As for the medical evidence - I would guess they can tell whether the bruise was fresh or not by the colour and the level of healing which had taken place - fresh bruises are black/purple and fade to blueygreen/yellow as they age. but they may not be checking for this - they will be looking for signs of force, full stop. if she is claiming you forcibly entered her, then they will look for evidence of that on her body.

    As for her normal behaviour after the alleged rape - she can explain this as "being in a daze" or being so "frightened" of you that she had to just carry on and pretend everything was normal. She may even claim that you threatened to hurt her again, or hurt her family if she reported it. Lets face it, if she is devious enough to report a false rape in the first place, she is capable of pretty much anything.

    Unlikely they will be keeping tabs on her, but if she approaches you in any way, call your solicitor and the police immediately. If her allegation is exposed as malicious, it is extremely unlikely that the police will press charges. Prosectuing someone for making a false rape allegation is not deemed to be "in the public interest" unless a large number of police hours have been wasated on the investigation. You can insist charges be pressed - check out www.kotae.co.uk and click on the JGC button for informaiton on how to proceed.

    However, the first thing is to get yourself cleared of the rape allegation. You do seem to be taking this seriously, which is the right thing to do. She sounds like a deeply troubled person. Stay well away during the investigation. Ask your solicitor EVERYTHING, and make sure you understand exactly what is going on. Stay strong.

    Let us know how you get on, and good luck.

    Comment


    • #3
      Thanks Saffron for your comments and support.

      It&#39;s very disturbing how flawed the system is in this country.

      I will get on to my solicitor in regards to the audio tapes as evidence as I can&#39;t see how they can refuse hard evidence.

      Thanks for the site, unfortunatley it is down at the moment but I will keep checking.

      Any further advice and help from other members would also be much appreicated in regards to what else I can do.

      Comment


      • #4
        All i can say is i wish you all the luck in the world.You must take this very serious because as stupid as it may seem you never no how its going to turn out.Stay away from her and make sure you tell the police if she makes any contact.As for there being no evidence of rape ie force ,DNA.ripped cloths it does not matter if it comes down to consent it is just your word against hers.I dont mean to scare you but my brother has just gone through this where there was no force dna or ripped cloths and he got found guilty just because the jury chose to believe her word against my brothers
        Good luck and take care of youself

        Comment


        • #5
          Hi there

          my name is Val and I have been through what you are going through now, I am also a caseworker for FASO, the webmaster of JGC, an ex copper and legally qualified

          I deal with these situtions on a daily basis.

          I dont wish to frighten you but you are in a very vulnerable position and need to take this situation very seriously,

          I can be contacted on 07985 507264 or via the FASO Helpline number which is 0870 2416650.

          Give me a call and I will do what I can to help



          Regards

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