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  • panicstricken, arrested & bailed.

    Any advice would be hugely appreciated as I am slowly falling to pieces with the weight of what is happening to me.

    I met a woman online last October via a mutual friend on facebook, we talked online, with intense personal & sexual chemistry & decided to meet in person, which we did. We immediately began an intense, virtually round the clock relationship from the first night we met, with me almost living half my time at hers, as I am a single father with sole custody of my children.

    Having been given keys to her apartment by her & upon finding out she had deceived me over several key issues whilst she was away over the holidays, I accidentally but stupidly damaged several items in the property whilst dropping her stuff back & collecting mine having ended the relationship because of the deceit.

    I spoke to her online while she was away & advised her of this & of my willingness to pay & replace anything required & on her return she asked me to go over to discuss this & after agreeing how I would replace or pay for the damage we then ended up back in the exact same physical relationship, with her insisting that our relationship was more important than material items.

    I then spent most of January attempting to sell my motorcycle to cover the damages she was specifying, which she was aware of and agreeable, but when the bike had not sold she started to become more demanding about how I intended to compensate her, whilst still maintaining the relationship.

    She began to threaten me with informing the police that I had deliberately caused the damage unless I signed over not just my motorcycle, but my car as well, and after one such exchange on my return from buying cigarettes for her one morning, when I said I could not deal with the endless see-sawing emotionally & that she should just do whatever she thought best I went to leave but she persuaded me to stay & we would work it out somehow.

    We then had sex, as we had done every morning, noon & night the preceding 3 months, but when I went to leave for the afternoon, she once again started to threaten me over the police & damages etc I told her I would do everything I could to pay her asap, and that we should draw up a binding legal agreement that guaranteed such, with the car or bike listed as collateral within an agreed timeframe.

    She just became more abusive so I left, after which she left me several voice messages calling me a liar etc, and we spoke on the phone several times that afternoon, with her being more & more abusive, saying she was calling the police & letting them deal with it all, I told her that was her choice but that until we resolved this I did not want to see her as it was clearly unhealthy with such mood swings.

    The next morning I was visited by the police, who looked puzzled when they asked if I knew why they were there & I said I assumed it was regarding the damage to my girlfriends apartment. They then informed me that, no, she had made allegations that I had raped her the previous morning & arrested me on 2 counts of alleged rape.

    I was absolutely shellshocked. I still am. The arresting officer went so far as to say he was worried I was going to faint & did I want water. Nothing about the damages was mentioned whatsoever.

    In the car on the way to the station they were called & told to arrest me for criminal damage also, which they somewhat apologetically did.

    I called a friend who arranged a solicitor to attend, who I explained the entire situation to, who said it was going to be pretty clear to the police that it was vindictive & baseless & to just simply repeat the above but in detail as it was clear this was motivated by her anger in believing I was not going to repay her.

    I was interviewed, asked to explain the damage first which I did, admitting I had caused it, albeit accidentally & that I had been having items repaired or replaced since the incident, which was over a month previous, and that the accuser had been agreeable to this.

    I was then arrested for theft, as according to the law, by removing the damaged items from her property without her permission, this constituted theft. Again I admitted I had removed the damaged items, but that she had been aware of this since the incident & had never regarded it as theft.

    They then asked me for my version of the previous morning with regards to the sexual allegations, I told them in detail, they told me her version was that when I returned in the morning with the cigarettes she had asked me to go & purchase, we had argued vehemently about the car & that she had then fallen asleep and woken to find me forcing myself on her, she had told me to stop because she was still upset after the previous argument but I ignored her & forced her to have sex. According to her I then forced her to perform oral sex, making the 2nd count of rape.

    I denied this absolutely & pointed out we had had bigger arguments over the previous months and had consensual sex, in fact the issue of the damage itself had clearly not stopped her/us from having the same consensual relationship this entire time so why would it suddenly be different except that I had told her our relationship was over when I left afterwards.
    The officer pointed out that we could have had sex a million times, their only interest was in this one occasion & her allegation that she had not consented.

    They confiscated my phone, which is full of very graphic texts from her sent prior to the allegation, demanding I come round & **** her etc etc & also contains multiple video & images of us engaged in sex, clearly taken by her.

    I was then bailed until the end of April, and my solicitor assured me he was of the opinion it would probably be dropped, and if charged, would be very simple to disprove, all of which only made me more apprehensive.

    Since then I have contacted the mutual friend I met her through, who was horrified to hear I was even involved with the accuser in the first place, and detailed that she has a history of duping would be lovers out of money/gifts etc, was even in the national papers over one such episode that settled out of court & he would have warned me to steer clear had I asked his opinion prior to meeting her.

    I have saved the one remaining voicemail she left AFTER she alleges the offence happened & I have been scouring sites like yours for advice or information to see what I can do while I sit agonising & thinking the worst case scenarios as a single parent.

    The mutual contact has since informed me that the accuser has contacted him and says she wants to retract the sexual allegations as she never really wanted me arrested for that but is afraid to do so now for fear of being charged herself.
    She has a history of at least one suicide attempt which left her in a coma, takes masses of anti depressants and wears a morphine medical patch continuously for pain relief & sees a psychiatrist weekly.

    I have asked my solicitor if we can contact her via the police to make payment for the damages, as agreed previously, he says to just wait until my bail appointment, which seems much less proactive than I would like to be, also I asked if we can request that her phone be examined, as it would show even more evidence of her behaviour & deceit, but he was vague about this too. He is a solicitor advocate and asserts that he has dealt with similar cases but I fear it is not his speciality.

    Any advice on what I can, or should be doing.

    Apologies for this being such a long thread, just beside myself with anxiety.
    Last edited by RFLH; 4 March 2013, 07:11 AM.

  • #2
    whirlwind relationship!

    Originally posted by panicstricken View Post
    The mutual contact has since informed me that the accuser has contacted him and says she wants to retract the sexual allegations as she never really wanted me arrested for that but is afraid to do so now for fear of being charged herself.
    Let's hope that the mutual friend will testify as such.

    Was nice of plod to add on criminal damage and theft too!

    Will they arrest her for extortion? Nah!

    Good luck pal and don't worry - you are actually in a stronger position than you think. Just concentrate on being a better Dad for now.

    Good luck.
    Police and subsequently the CPS "take every piece of evidence and try to extract the most negative connotations for their presentations in court". It's their job to help Judges fill those jails.

    Comment


    • #3
      good morning panicstricken

      hi, i have just come through a false allegation , i went through all the emotions as did all on here . this site was very helpful to me , without it i would have been lost. firstly the police are just doing there job , all they do is collect evidence and forward it to the cps. they need to feel that they have a 50 percent chance of a conviction or they will not proceed . it will take months . you will become stronger with time. i lost my job but it has given me new strength. you should keep a daily diary on your thoughts and feelings , good to look back on later . know in your heart that you are an honest man with good morals , focus on your son and be the best father that you can be , it will be over before you know it. the police system in view of the high profile cases have to be careful . when it is all over you will be scared for life but it could also make you a better person. the most likely outcome will be nfa/no further action due to the lack of evindence . mine took 9 weeks but likely to be longer . talk to close family and friends but never feel sorry for yourself , just know that anyone could find themself in this position . there is not much help out there ,i only found this site , i will try to help others like you as a thankyou to those that helped me . kind regards, jon

      Comment


      • #4
        thank you for the words of encouragement

        It has really devastated me, from never having dealt with the police before to spending almost 5 hours in a cell waiting for the lawyer to arrive, all the while trying to comprehend how & what had happened, how I could so easily & suddenly end up in such an overwhelmingly frightening situation - even the simple task of suddenly having to arrange for someone to collect my children & look after them until I got bailed/home had my stomach in knots.
        Now sitting waiting for any kind of update is almost as bad, wondering if my solicitor should actually be doing anything more, what other steps should be taken to possibly help the police/CPS see how unfounded this is.
        Very very difficult not to feel at the bottom of that very dark hole so many others on the forum have described, every moment I am with my children seems to emphasise just how completely devastating this could turn out, hard not to get swallowed up with panic over it all.
        Trying to keep myself busy, mentally & physically. Saw my doctor who was hugely understanding and has me on sleeping tablets & anti depressants until I feel emotionally more capable of getting through the nights.
        Again, any advice is gratefully appreciated, thankyou

        Comment


        • #5
          Sorry to hear what you are going through.

          Unfortunately it happens to a lot of us, the system is being screwed by greedy idiots.
          which seems much less proactive than I would like to be
          Right now till you are charged or the case is dropped there is not much your solicitor can do. If you are charged get a specialist solicitor.

          Right now:

          Keep a record of that all evidence, ie any of her texts,any voicemails, any messages etc and do NOT pass them to the police but only to your solicitor.
          Write down everything that happened on the day when she alleges you raped her, no matter how trivial
          Try not to stress, there is nothing you can do till the wait is over. You can either spend it in stress or try to relax.

          Knowing her medical history and from what you have posted I will be surprised if you get charged.

          Comment


          • #6
            Hi panicksticken - welcome to the forum but sorry you had to find us. You have been through an horrific ordeal. You've been given some great advice already on here - keep posting and you will gets lots more advice and emotional support too - keep strong
            "Only love can light the mirror of your soul" - Chris de Burgh

            Comment


            • #7
              @Stunned9 - that is what my solicitor keeps telling me, but I am still somewhat confused as to how the police, if they do, will discover her medical history and background & whether they investigate her as comprehensively as I am sure they will me.
              She has changed her name twice in the last 6 years and the actual police report, allegation & bail conditions paperwork all used yet another different christian name to the one I have known her by, I did ask about this when they interviewed me but they gave me no answer during the interview.
              As they took & kept my phone when I was interviewed, at this point I have no control over saving the masses of texts on it, I am hoping they do not autodelete after 30 days as they did on my old Blackberry.
              Trying to keep my head up & think positively, thanks again.

              Comment


              • #8
                I am still somewhat confused as to how the police, if they do, will discover her medical history and background & whether they investigate her as comprehensively as I am sure they will me.
                I am fairly new to all this (4 and 1/2 months) but my understanding is, if you get charged then whichever solicitor you instruct ( and make sure it's a good specialist in FA's) will do all the investigating on her. The police will investigate you because it's their job and they will want a conviction to make their targets look good. Many people on here have said many times - say nothing to the police without your solicitor present. They are not your friends.
                She has changed her name twice in the last 6 years and the actual police report, allegation & bail conditions paperwork all used yet another different christian name to the one I have known her by
                Police have ways of finding people - may take them a long time but they do
                Keep on asking us questions and we'll support you all the way. It may be over in as little as 6 weeks or as long as 2 years - both have happened to people on here. there will be awful swings of emotions but the support of your GP willl be invaluable
                "Only love can light the mirror of your soul" - Chris de Burgh

                Comment


                • #9
                  Act now!

                  Originally posted by panicstricken View Post
                  As they took & kept my phone when I was interviewed, at this point I have no control over saving the masses of texts on it, I am hoping they do not autodelete after 30 days as they did on my old Blackberry.
                  Trying to keep my head up & think positively, thanks again.
                  Get replacement sil card from provider (lost phone). If not on contract still call them (lost phone) - they maybe able to help. Don't delay.
                  Police and subsequently the CPS "take every piece of evidence and try to extract the most negative connotations for their presentations in court". It's their job to help Judges fill those jails.

                  Comment


                  • #10
                    THEFT?

                    The removal of goods with the intention of depriving their owner of future use of said items. If you've removed them to have them fixed then even without consent you are NOT showing intention of depriving their rightful owner of future use, in fact the opposite could be argued. It could be argued that 'time' had passed and you hadn't 'sorted' the items or returned them. This charge is open to challenge and easily won but will take some persuading argument from your legal team.

                    Criminal damage? I don't really have a 'get out' for that one... 'Accidently' damaging several items is a little hard to believe. Depending on how you answered their questions would really depend on how the charge will potentially stick. It also, unfortunately, shows you in a bad light and is one that the prosecutor will want IF there are any sexual charges.

                    As for the actual sexual allegations. I see your side and I see a potential other side. You've detailed everything quite well and reasonably unbiased! I am supposing that a medical examination has taken place and also that you admitted that sex took place. The question of 'consent' is the only difference between conviction and innocence. Your trashing her property and also having arguments counts against you. On the positive side it is reasonably easy to see 'why' the allegations have surfaced. You also have technology on your side in so far as the phone and any other records the Police can obtain.

                    The Police have been very thorough with the charging, one can only hope they are the same when it comes to evidencing the charges! The fact it is a recent allegation, technology is available, the accusers statements are detailed, the mutual friend is available leads me to view your chances of either not being convicted or not actually making it into court as more probable that not. It is certainly not unheard of for the prosecution to go ahead with a case simply based on consent and with the added criminal damage etc it does increase the likelyhood but it does not increase the chances of conviction with regards the sexual allegations.

                    There is little you can do in the meantime except attempt to gather evidence.

                    Keep us all updated!

                    Are you in England/Scotland/Wales?

                    Do you have a legal team in place?
                    Wow... A signature option!

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