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  • NFA or charge likely

    Hi there, just wonder if you can help me. My friend has been falsely accused of rape. He was pursued by someone he knew and eventually and foolishly went home with her and they had consensual sex. She then invited him out to a nightclub with her and her friend after having sex with him which, feeling guilty he declined. She contacted him in a friendly way over the next day or two and then on the advice of her friend(her words) she accused him of rape. He was questioned and then bailed repeated for 7 months. Today he has been told to attend the police station at a particular time in the evening. I have read that an NFA is usually communicated by letter so is this going to mean he will be charged or could it still be NFA. I am very anxious for him. Thank you. Sheri
    Last edited by Sheri; 22 January 2013, 03:25 PM.

  • #2
    Hi Sheri,

    I believe in England you can get your Solicitor to phone the police before hand to find out if a charge is likely. It might be an idea for your friend to speak
    to his Solicitor and get some advice.

    The thing that strikes me from reading your post, is that your friend should keep records of the friendly communication that went on before she made the
    accusation, whether facebook ( take screenshots ) or texts and run anything passed his Solicitor not the police.

    Comment


    • #3
      Hi Sheri and welcome to the forum.
      Unfortunately it is impossible to say which way this will go. If your friend contacts his solicitor they might be able to contact the OIC to confirm what their intentions are. NFAs are confirmed in writing, but not always in advance of answering bail.
      Has your friend kept the messages he was sent? If he still has them, I would strongly suggest he gives them to his solicitor, NOT the police. Plod are not interested in anything that may prove his innocence, they are only trying to gather such evidence as can prove that the "rape" did take place.
      Your friend is fortunate to have someone like you supporting him.
      Welcome.

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      • #4
        Thanks guys. My friend's phone and the woman's were both taken by the police after the event - maybe for forensics? There was a duty solicitor provided for him when he was brought to the police station initially for interview. Since then his only communication about the whole thing is when he has gone to the police station re. bail which has always just been postponed. The woman concerned has now moved away to a different county but presumably hasn't dropped the charges as I assume he would have heard if that was the case. We are all just worried for him as he is under immense strain . Its good to hear from people who have some understanding of these things. Thanks again.

        Comment


        • #5
          Indeed, sheri, we know about the strain.

          If it's today he's been told to attend the police station, then we may be shutting the stable door after the horse has bolted, unless, of course, it was today he was told to attend at an evening in the future.

          I was informed last year I would receive an NFA after my solicitor phoned the police 7 days prior to my (first and only) bail return date.

          As other members will tell you, record every tiniest piece of evidence, write it down, screenshot it if it's online, then assemble it into a timeline. This can be quite thereaputic, and good to remember the smallest details. Deal with solicitor, not police. Good luck, and well done to you for supporting your friend. In situations like these, the support of friends can be literally life saving to someone falsely accused.
          I'm not ready to make nice

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          • #6
            I'm afraid it was now 7 months ago that this all happened and at the time I think he was just trusting the police to make a record of those text messages she sent when they confiscated his phone. I also know she posted facebook messages which were quite normal the day after but then deleted them and substituted one saying she was very stressed. But as far as I know that wasn't reported by my friend and I guess it may be too late now, No solicitor has been involved at all apart from the initial interview as I think he was thinking he wouldn't need one except if he was charged. His bail date had been last week but they then postponed that for a week and tonight is when he's been told to attend. We are all in the dark and just hoping for a good outcome as the alternative is very scary.

            Comment


            • #7
              very best wishes, good luck, and thinking of you. Let us know how it goes.

              I may be something of a rarity here on the forum in that I had no reason to suspect that I was mistreated by the police in my case. My phone was also retained after my interview, with some very explicit texts from my accuser, and very affectionate ones from days after the time of the alleged incident.

              When my phone was finally returned, it was exactly as I'd left it, and I was a bit relieved to read the ones I had hoped I hadn't deleted were still there.

              Re; the facebook data, I'd say it would still be worth writing down what happened, from memory, should this progress further. Let's hope that tonight brings good news.
              Last edited by just married; 22 January 2013, 05:23 PM.
              I'm not ready to make nice

              Comment


              • #8
                Hi Sheri - just want to add my welcome to the forum - you wll get loads of support and advice here. Your friend is fortunate that he has you he can rely on. If he feels up to it, he could become a member too. You are right - the strain is awful and sometimes almost unbearable - but everyone here will help you both
                "Only love can light the mirror of your soul" - Chris de Burgh

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                • #9
                  I've just heard from him so after being kept waiting for 2 hours in the police station he was given NFA. He is still nervous and uncertain about what exactly that means and wants to meet with the solicitor tomorrow to confirm. He says he can't feel happy and its just hard to explain. But I think it seems good news rather than bad but recovery from this nightmare might be slow and will leave scars.
                  I just want to say that even in the short time I've been on this forum the support has meant so much to me so thank you everyone for your kind encouragement and advice.

                  Comment


                  • #10
                    It's a weirdly empy feeling the NFA...not what you'd expect

                    It is a good result though but ensure that he gets it in writing. It may show on an enhanced police check...don't know if that's relevant to his line of work or not
                    "Be sure your sin will find you out"

                    Numbers 32:23

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                    • #11
                      Hi sheri - well you haven't been here long - but you both now gets lots of these for your brilliant news - soooooo pleased for you both. Be aware that the road to recovery will probably be a long one for you both.....take care - myhome
                      and
                      "Only love can light the mirror of your soul" - Chris de Burgh

                      Comment


                      • #12
                        Originally posted by Sheri
                        I've just heard from him so after being kept waiting for 2 hours in the police station he was given NFA. He is still nervous and uncertain about what exactly that means and wants to meet with the solicitor tomorrow to confirm. He says he can't feel happy and its just hard to explain. But I think it seems good news rather than bad but recovery from this nightmare might be slow and will leave scars.
                        I just want to say that even in the short time I've been on this forum the support has meant so much to me so thank you everyone for your kind encouragement and advice.
                        here's a great quote: Its never to late to be what you could have been - I love that!!!
                        Oh that's brilliant news, so happy to hear it but can understand his feelings.
                        It's good he has such a nice friend to support him and hopefully time will heal things a bit.
                        Love your quote!

                        Comment


                        • #13
                          Superb news!

                          Comment


                          • #14
                            sheri, this is the best news that can be expected! Congratulations are in order. As Faith says, be sure that you have a hard copy of the NFA notice.

                            Expect to continue with the weird conflicting emotions for quite some time...... this harm never goes away, but sometimes it is possible to see that it can make you stronger...... Your friend has been on a rollercoaster of emotions for all this time.... it should now begin to slow down.... I quite understand that he can't feel happy.

                            My solicitor was the first to tell me of my NFA. 'This' he said, 'ends the matter'. The CPS and police will have decided, most likely due to 'lack of evidence' that they will take no further action.

                            I'll save the dancing bananas til you get a few more wellwishers.. It is a tradition, but sometimes the sadness is so much... x
                            Last edited by just married; 22 January 2013, 11:52 PM.
                            I'm not ready to make nice

                            Comment


                            • #15
                              Originally posted by just married View Post
                              I'll save the dancing bananas til you get a few more wellwishers.. It is a tradition, but sometimes the sadness is so much... x
                              You're right - the sadness is so much - but the bananas are soooooooooo hhhaaaaappppyyyyyyy.......
                              "Only love can light the mirror of your soul" - Chris de Burgh

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