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Would really appreciate some help and advice

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  • Would really appreciate some help and advice

    Hi everyone. I was arrested yesterday out of the blue, on suspicion of rape. The date this supposedly happened was 1st Jan 1985, when I was 22 years old. The woman in question was 16. I was friends with her and her whole family, have not seen her in years and have never had any sexual activity with her whatsoever. I have absolutely no idea why she is doing this. I was taken tote police station for questioning, where I was told her story which is as follows.

    According to her, myself and my brother had been out drinking on New Year's Eve, buying her alcohol all night. Later on, she told her mum who was also there that I was walking her home. Apparently I took her into an alley and started kissing and cuddling. She said "we can kiss but not have sex". Apparently then I took her trousers down and attempted to penetrate her, failed, tried again and managed it. I won't go into all the gory details but she was EXTREMELY graphic on details of what happened, even saying she remembers having her arm against a drainpipe and me turning around to urinate straight after. She was very specific on the date, whereabouts and other details, dubiously specific for something that is supposed to have happened 28 years ago. The only thing she didn't specify was what she was doing at this time, such as crying out for help or fighting me off. She even said that at one stage she heard her mum shouting her- so why wouldn't she have called out? Surely if you're ring raped and you hear anyone, let alone your mother, you would cry for help. She then said that my brother who had been drinking with us, magically appeared in his car at the end of the exact alley, as soon as it was finished. Bear in mind this was 1985 so no mobile phones to call him an ask him to pick me up, at this exact time at this exact alley. Also according her he had been drinking with us right before, so why would he be driving around in his car all of a sudden? She then said she went home and told her mum she'd had sex. Not that she was raped, that she'd had sex. Why would you say sex and not raped?

    Anyway, that was her story. Here's the truth. I have no idea whether she was out that night. I probably was, it was New Year's Eve and I as leaving the country on work on the 3rd Jan, so I most likely would have been out drinking that night. I cannot remember if she was there or not, there would have been a lot of people out and I would have been talking to anyone that was there, not sat plying her with alcohol. We only knew each other because I knew the whole family, it's not like we were especially friends. I had spoken to her a few times before but nothing even remotely sexual ever happened between us. I was a bit of a ladies man back then, I was a single man 22 years old and had no problem getting women- certainly no need to rape someone for sex. It might not be something to be proud of but being a womaniser doesn't make me a rapist. Some of the things she said I did to her are disgusting, certainly not things I do sexually. If she had known me intimately she would know I would not do what she said I did.

    As for my brother being there. I wasn't sure at the one of questioning whether he was in the country at the time or whether he was already abroad working (we both had the same job working away for months at a time). So after I was released, I went to my brother's house. I remembered on the way there that he actually met me off the boat that year, when I arrived. I asked him and yes, he was already over there at this time. He even showed me his passport which thank god he has saved. It shows he arrived in August 1984 and departed 15th Jan 1985, proving he wasn't even on the same continent, let alone country, at the time. This proves she is lying. I have contacted my solicitor who agrees her story is very dubious anyway and this passport will show her to be lying. I feel somewhat better that I now have solid evidence to prove she's a liar, thank god my brother kept his passport.

    I am just absolutely knocked for six by all this. Someone I haven't seen in years, have never had any problems with, has concocted this story about me and I have no idea why. Why would someone do this? I feel very down and depressed by it all. I know it's a load of ******** and I have absolutely nothing to hide, but what's bothering me is being tarred with the stigma of being a rapist- because once you've been accused people never look at you in the same way. I plan to counteract her claim and sue her for deformation of character or slander, but in the meantime until this case is dropped I feel like I have the whole world on my shoulders. I just want to know why.

    My solicitor says she gets this 3-4 times a week, and she's certain the case will be dropped for lack of evidence. She thinks this woman has done this because of all the Savile stuff in the news, and is probably hoping for compensation. I guess I just need a bit of reassurance because I am just shell shocked that this is happening and I don't know the process of what happens next. I'm out on bail now for 30 days until I have to appear at the station again. What happens now?

  • #2
    you've made a good start on writing down everything - whatever you do - don't go and tell the police about your evidence - they will twist it (although NYE is a bit hard to move!)

    Try to keep calm and if requestioned - answer the question with the shortest of answers, don't try to expand them, you may give them more ammunition to use against you.
    And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

    Comment


    • #3
      Hi Qwerty & Welcome.
      I can't offer much legal advice, but rest assured there will be others along who will point you in the right direction.
      Be prepared for your case to drag on though, the police are known to take time investigating and the wheels turn slowly.
      My hubby was accused of historical abuse and rape for us the outcome was no case to answer.
      As the accusation again'st you is also historical, you need to remember as much as you can from that night
      and write it down.... Its your word again'st hers. It's good also that your brother kept his passport.
      You are in the right place for support. LP
      Together We Can Beat This Hell

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      • #4
        Hi Qwerty and welcome.

        Agree with RFLH - do not under any circumstances tell Plod about the dates your bro was abroad. NYE is hard to move, but the year is not. She could easily claim that it was actually the following year or the year previous, and excuse this change of testimony due to "the trauma". Having said that, the rest of her statement sounds very specific, so it would sow a seed of doubt in a juror's mind about how reliable a witness she actually is.

        There is little you can do at the moment beyond researching a good solicitor - you must have one who is experienced in defending false allegations of sexual crimes. A standard criminal sol will not be good enough.

        You are right that the Saville enquiry has bred a host of historic complaints. Some are genuine, some are not. Be prepared for your bail to be extended a few times. Try not to get too angry with Plod, as any aggressive behaviour may give the CPS a reason to proceed with charges.

        Keep coming back. We'll do all we can to support you.

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        • #5
          Thank you everyone for your replies. I have told my solicitor about the passport but I'm going to ring her later and ask if we should tell the police about it. I'm not sure how it would be a bad thing for me to do though, because she surely can't just change the year that she was so specific about, just like that? And besides, if she says it was the year before, my brother was away then too, and if she says it was the year after, I was away! So she would have to claim it was either 2 years previous to 1985 or 2 years after. And that would look very strange for someone who has been so specific in everything else, to suddenly claim she was 2 years out on the date? Her saying it was on NYE works in my favour really because it's not that easy for her to change her mind on that one.

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          • #6
            Originally posted by Saffron View Post
            Having said that, the rest of her statement sounds very specific, so it would sow a seed of doubt in a juror's mind about how reliable a witness she actually is.
            The detail will be her downfall!

            Keep all evidence to yourself. Do not give the Police ANY of it.

            If you already have a solicitor then check out their background, ask them what QC they'd instruct etc.

            If you need a 'specialist' solicitor then have a wee look in the forum pages.

            From what you've detailed you have nothing to worry about.

            A 'ladies man' is NOT a rapist. Been down that road myself and they are not one and the same or even related. Your mind will be drifting around and you'll be looking back at your life and questioning every single sexual situation you can think off trying to suss out yourself and your actions, I did this and drew a blank. I'm in no way proud of being a 'ladies man' but I have no guilty or negativity surrounding it and actually came up with a few situations where I was clearly exploited by women!!!

            So's life........... It's strangely good to look back and it's also good to keep things from the past as you've discovered with your brothers passport. Do not let that out of your sight, get it copied multiple times, get it 'notarised' (probs about £5-£10) and have it handed over to your legal team for safe keeping. Your brother is very probably going to save you if the case ever goes to a courtroom.
            Wow... A signature option!

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            • #7
              Thanks lawlessone2009. I am trying to get hold of the solicitor but she's not back in the office until 2pm. Hopefully she's not already informed the police about the passport.

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              • #8
                Hi Qwerty, welcome to the forum. I'm just wondering if you couldn't immediatly report her for making a false allegation or trying to pervert the course of justice?
                I wonder if anyone else has an idea on this? Perhaps you could ask your solicitor when you speak to her. In the meantime, here's a link that might be useful to you.

                http://www.cps.gov.uk/legal/s_to_u/s...se_of_justice/

                If the police don't drop it , be prepared for it to take quite a while, but don't let it ruin your life, it sounds like you have amazing evidence in your favour. Witnesses in the form of present or past girlfriend showing you in a positive light might be a good thing to get hold of.
                Good luck!

                Comment


                • #9
                  Hi qwerty and welcome to the forum though sorry you had to find us. sadly historical FA's are not rare - mine is from someone I haven't any contact with at all since 1990. You will get lots of support and advice - legal, practical and emotional - keep strong and keep posting ....
                  "Only love can light the mirror of your soul" - Chris de Burgh

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                  • #10
                    Originally posted by whatsgoingon? View Post
                    Hi Qwerty, welcome to the forum. I'm just wondering if you couldn't immediatly report her for making a false allegation or trying to pervert the course of justice?
                    I wonder if anyone else has an idea on this? Perhaps you could ask your solicitor when you speak to her. In the meantime, here's a link that might be useful to you.

                    http://www.cps.gov.uk/legal/s_to_u/s...se_of_justice/

                    If the police don't drop it , be prepared for it to take quite a while, but don't let it ruin your life, it sounds like you have amazing evidence in your favour. Witnesses in the form of present or past girlfriend showing you in a positive light might be a good thing to get hold of.
                    Good luck!
                    I would not advise this until the case is over. The reason being is that a counter claim may seem more bitter than anything else and it would involve giving up the evidence that Qwerty has on his side.

                    Qwerty if your solicitor passes on the info to the police then they would have a good reason for doing so. It is general advice here (and usually correct) to not share your info with police. However there are some occasions when it is helpful in getting a case dropped. Each case is different and your solicitor will know more about your case that we do.
                    "Be sure your sin will find you out"

                    Numbers 32:23

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                    • #11
                      Thanks for putting me right , Faith. It is easy to forget (must be suffering from alzheimer's... ) how devious the police can be.

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                      • #12
                        Originally posted by Qwerty View Post
                        she surely can't just change the year that she was so specific about, just like that? And besides, if she says it was the year before, my brother was away then too, and if she says it was the year after, I was away! So she would have to claim it was either 2 years previous to 1985 or 2 years after.
                        Yes, of course she can.
                        You are right - NYE is a hard date to confuse with another. However unless the year was 2000 (millenium) she could easily claim to have confused the year.

                        Please take me seriously when I say that you should keep this info to yourself. Plenty of people have happily handed Plod info just such as this, thinking it will prove their innocence. All Plod will do is contact your accuser and say "he has provided us with an alibi for that specific date. Could it have happened on different date/month/year/decade? The trauma of the attack might have warped your memory."
                        The FA will then be able to alter her statement so that the alleged attack fits with a time when you and your brother were in the country. She won't be questioned about this because her memory will have been affected by the "trauma".
                        So yes, the False Accuser CAN simply change the year. And if you tell Plod, it will only give them more ammunition - "This poor girl is so traumatised! Her mind has blocked it from memory, she's so upset by it."
                        I know that you think what I am saying is incredible, but trust me when I say this DOES actually happen in court. It certainly did to us.

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                        • #13
                          Thanks for all the replies. I've rung my solicitor twice asking if she definitely thinks it's the right thing to do to give the police the passport. She says quite categorically, yes.

                          She says it was NYE 1985 when she had just turned 16. She can't change her mind to the year before OR after because me & my brother both were out of the country then. Yet there's people on here saying she can easily change her mind about the date. Surely not, because she said she was 16 years old at the time- you can't just choose another age of when it happened. Even if she said she was a year out- either way neither me or my brother were in the UK. So what would she have to say, she was either 14 or 18 which is a bit different from being 100% sure it was NYE when she had just turned 16 years old. Neither can someone who was so sure it happened on NYE suddenly turn around and say 'oh actually it was February or March or whenever' -- NYE is a one time a year occurrence!

                          My solicitor was the duty solicitor on call at the time when I was arrested. I am in limbo now and can't stop thinking about it, even though I've got until 30th April until my bail is up. I've been racking the internet trying to find a helpline or organization for support for wrongly accused people, but there's nothing. Should I stick with the duty solicitor I have currently or try and find someone else? I'm hearing so many conflicting opinions I don't know what to do for the best. I know I just have to sit tight now until my bail is up but I'm going out of my mind. I'd be the first one to say to someone 'stop worrying, there's no evidence!' but when it's you that's accused, all logic flies out the window.
                          Last edited by Qwerty; 19 March 2013, 07:51 PM.

                          Comment


                          • #14
                            Come on! There are plenty of advice threads here. Most of our members will advise you to seek a specialist sol and not rely on the Duty Sol, unless they have specific experience in this area.
                            As for our advice about her being able to change the date - up to you whether you take it. But we wouldn't say it if it wasn't true.
                            Last edited by Saffron; 19 March 2013, 09:46 PM.

                            Comment


                            • #15
                              I must say I'm struggling to understand your claim that the Internet throws up no support for the falsely accused. I work for three such sites/organisations and this site alone, as saffron says, is laden with advice threads. Dates can be changed due to the trauma making her forgetful. Easily explained that she got details mixed up because she was so destroyed.
                              "Be sure your sin will find you out"

                              Numbers 32:23

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