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This discussion is potentially quite complex, but should be of interest to many here since getting out of the dock is certainly not the end of it!
Despite a horrendous drawn out ordeal that ended over a year ago with a unanimous not guilty verdict after 5mins of deliberation, I am still suffering from a false claim of rape. The cause is an extremely damaging news article printed in a local rag that is now preserved on the internet for evermore.
The article is the "reporters interpretation" of the prosecution's opening statement - which is not even evidence. The article gave legal grounds to sack the jury and to adjourn the case due to nonfactual content compromising the fairness of the trial - though this did not happen, rather the judge instructed the jury to ignore this kind of reporting.
Despite the fact that I was correctly acquitted there is clearly a somewhat awkward social stigma associated with being the center of such accusations which i think it is safe to say would prevent any sane employer from touching me with a barge pole.
In order to attempt to alienate myself from this article i have changed my name. However, the past keeps haunting me. Many jobs these days require a CRB check which this lists either unspent convictions only, all cautions convictions and warnings, or all relevant information held on the PNC depending on disclosure level (Thankfully professions such as teaching, care work, policing, and most civil service roles, for me, are now completely out of the question!)
A CRB check is usually performed pursuant to a conditional offer of employment, which may be retracted should unsatisfactory information come to light in the check. In order to obtain a CRB check previous names are required. However, the CRB provides for sensitive cases, a service designed to prevent discrimination against transgender people.
Points of discussion:
1) Can employers discriminate due to such allegations existing in the public domain? It seems that even if they cannot it would be impossible to prove that discovery of the article was their grounds for not extending an offer of employment.
2) Would failing to inform a potential employer of my previous name constitute grounds for retracting an offer of employment? The content of my crb would satisfy the conditions of an employment offer, but the employer would learn of my previous name since it is required on the CRB form and i am concerned that this, in itself or potential discovery of the article, may allow them to retract the offer.
3) Am i entitled to privacy of my name history? I believe one is allowed to change their name providing it is not for the purpose of deception and they are at liberty to choose who they inform of the name change. It seems that the CRB application form, which requires previous names, constitutes some kind of breach of my privacy which may require the CRB to treat the case sensitively. On the other hand perhaps an attempt to maintain privacy of my name change constitutes some form of deception!
Total damage caused seems endless you can but attempt to minimise it. In hindsight, spontaneously changing my name just prior to being charged, then back again following acquittal may have been better - though I was not concerned with such things at the time.
Despite a horrendous drawn out ordeal that ended over a year ago with a unanimous not guilty verdict after 5mins of deliberation, I am still suffering from a false claim of rape. The cause is an extremely damaging news article printed in a local rag that is now preserved on the internet for evermore.
The article is the "reporters interpretation" of the prosecution's opening statement - which is not even evidence. The article gave legal grounds to sack the jury and to adjourn the case due to nonfactual content compromising the fairness of the trial - though this did not happen, rather the judge instructed the jury to ignore this kind of reporting.
Despite the fact that I was correctly acquitted there is clearly a somewhat awkward social stigma associated with being the center of such accusations which i think it is safe to say would prevent any sane employer from touching me with a barge pole.
In order to attempt to alienate myself from this article i have changed my name. However, the past keeps haunting me. Many jobs these days require a CRB check which this lists either unspent convictions only, all cautions convictions and warnings, or all relevant information held on the PNC depending on disclosure level (Thankfully professions such as teaching, care work, policing, and most civil service roles, for me, are now completely out of the question!)
A CRB check is usually performed pursuant to a conditional offer of employment, which may be retracted should unsatisfactory information come to light in the check. In order to obtain a CRB check previous names are required. However, the CRB provides for sensitive cases, a service designed to prevent discrimination against transgender people.
Points of discussion:
1) Can employers discriminate due to such allegations existing in the public domain? It seems that even if they cannot it would be impossible to prove that discovery of the article was their grounds for not extending an offer of employment.
2) Would failing to inform a potential employer of my previous name constitute grounds for retracting an offer of employment? The content of my crb would satisfy the conditions of an employment offer, but the employer would learn of my previous name since it is required on the CRB form and i am concerned that this, in itself or potential discovery of the article, may allow them to retract the offer.
3) Am i entitled to privacy of my name history? I believe one is allowed to change their name providing it is not for the purpose of deception and they are at liberty to choose who they inform of the name change. It seems that the CRB application form, which requires previous names, constitutes some kind of breach of my privacy which may require the CRB to treat the case sensitively. On the other hand perhaps an attempt to maintain privacy of my name change constitutes some form of deception!
Total damage caused seems endless you can but attempt to minimise it. In hindsight, spontaneously changing my name just prior to being charged, then back again following acquittal may have been better - though I was not concerned with such things at the time.
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