She yelled rape!!! Wrongly accused! But is my life over? Please help..

[InnocentMan]

I went to meet with a friend like a month ago, I'm not usually in my city because I Go away for university.
I hadn't seen her in a long time so after a night out I decided pay her a quick visit on my way home.
She happened to be at a small party like 9 people there 4 girls and 4 boys.
The girls already knew of me and the guys were cool as well.

Apparently 2 of the girls are in a relationship with 2 guys that I know but they weren't at the party.
I thought they were joking at the time because of the way they were conducting themselves at the party I walked in and the room was dark everyone had paired up. Some were kissing some were dancing in a rather intimate manner and Me? I was just chilling with my friend, I hadn't seen her for months so we were drinking and just talking. Went to the store cause we ran out of drinks a few times mind u this is like 4-5 in the morning.
At the end of it I had spoken to the girls a bit the guys had left and everyone went to their designated sleeping position.

2 beds so 2 girls in each bed. I was just at the edge of 1 bed and I was talking with 1 of the girls not the friend I Came to see but another girl at this time the rest slept. I was speaking to her she moved up so I could get behind her. I was there talking to her she was whispering back.
I was kissing her neck and she seemed to like it. so there was 3 people in 1 bed there wasn't much space for her 2 move. On top of that the other girl in the bed is her sister! I may sound like a jerk for this but I wanted 2 convince her 2 come with me to the other room.
So I went on to undo her bra she began to touch my penis, I still had my pants on. I began to fondle with her boobs.
I reached to touch her vagina got my hands in her nickers, started to finger her a tiny bit didn't get more then inch in there and then the back of my hand must've pressed against her sister because I'm on the edge against the wall the girl I'm fondling was in the middle and her sister was on the edge and she was facing the other way. She must've feared her sister woke up when I accidentally pushed or Remembered I actually know her boyfriend and at the time I didn't believe she was serious when she said that but what ever..

SHE JUMPED UP AND YELLED RAPE!! SHOUTING SHE WAS ASLEEP THE WHOLE TIME!!!! GOT EVERYBODY UP!!! SHE SAID I GOT A BOY FRIEND!!!! SHE TOLD ME TO LEAVE!!!!!.

Then few hours later police called me and I went to the police Station and did what ever they wanted me to do, Spoke to my Solicitor. I am currently on bail set to return 10 weeks after the Alleged incident, they did a Rapekit on me and took my boxers and jeans, they took my phone I'm banned from speaking to any of them including my friend. I Spoke with her boyfriend before I got the call from the police who concluded that she is doing this because she remembered he is a friend of mine.

I have only 1 conviction for which I got probation 3 years ago and a bunch of other minor offences while I was younger, I basically turned my life around summer 2010 when I Realized I have a chance of going to university and making something of myself. She been 2 prison and also that address a lot of things happened there from stabbings and all sorts all in the company of these girls. It was my first time going there and I regret it.
I'm 21 I'm currently at university doing very well. I'm the oldest in my family I'm eager for answers because if I'm going to be incarcerated I need to prepare my family for that, my mother has no Idea why I got arrested I told her that it is nothing to worry about, but the justice system has flaws, do I need to begin making arrangements in anticipation of my conviction such as coaching my younger brother to be the man of the house and stuff like that?

When I got arrested I didn't answer any questions and my solicitor read out a piece of paper that I Wrote saying basically I am not guilty of this crime. How Likely is it that the DNA test will return anything? and if it does will it automatically mean I will be charged and a court date will be set? also if it does go to trial how likely is it that I'll be convicted because I'm going ALL IN! Living outside of prison while in a Sexual Offender Registry at this age is not living and secondly I'm innocent. I'm not accepting no plea it will be either guilty or not guilty!!! Please I would appreciate your thoughts on this matter and forgive my grammar I'm just anxious to get responses.

[Casehardened]

Hi,

Firstly don't worry about conviction & SOR just at the moment, you've not even been charged yet!

Have read of this thread from the 'Useful information' section which will give you some idea of the process:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

It is usually the case that when an allegation of rape occurs, it comes down to one witness's statement versus another, but specifically in your instance there appears to be an independent witness readily to hand:

and then the back of my hand must've pressed against her sister because I'm on the edge against the wall the girl I'm fondling was in the middle and her sister was on the edge and she was facing the other way.

Presumably the sister will be interviewed by the police and I would say her evidence is crucial; were your accuser not completely willing I would hardly think you could have got into this position unnoticed by either of the girls!

However this concerns me; was the conviction for a sexual offence?

I have only 1 conviction for which I got probation 3 years ago

[InnocentMan]

RE:

Hi,

Firstly don't worry about conviction & SOR just at the moment, you've not even been charged yet!

Have read of this thread from the 'Useful information' section which will give you some idea of the process:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

It is usually the case that an allegation of rape occurs, it comes down to one witness's statement versus another, but specifically in your instance there appears to be an independent witness readily to hand:



Presumably the sister will be interviewed by the police and I would say her evidence is crucial; were your accuser not completely willing I would hardly think you could have got into this position unnoticed by either of the girls!

However this concerns me; was the conviction for a sexual offence?

Yeah I think it was I'm not quite sure I Don't have the papers handy, sorry. I am assuming the reason I Didn't get charged on the spot is because they didn't have any evidence. After the DNA results are back and they discover that I did put my finger in her would that automatically be grounds for me being Charged.... I mean even her sister indicated to me while the alleged victim was gone to give samples that she believed me but I'm pretty sure she will commit perjury if her older sister tells her 2.

Also I'd just like clarify I never got arrested for sex offences before the trouble with the police I speak of are like drunken disorderly and drug related.


Thanks for the response.

[Casehardened]

After the DNA results are back and they discover that I did put my finger in her would that automatically be grounds for me being Charged.... I

In a word, no.

I appreciate that you gave a no-comment interview but if you had given an account presumably it would have been along the lines of that she was a willing partner to all that transpired. Therefore it would be expected to find your DNA on or inside her.

Her account is that she was asleep and therefore could not consent to anything that you did.

As there is some conflict (i.e. you did not immediately admit that you committed the offence) the police will not decide themselves who is telling the truth but will (eventually, as detailed in the link I gave you) pass any evidence and statements to the CPS who will (eventually etc) make a decision based on whether they think a jury is likely to convict based on the evidence they have.

Only then would you get charged! After that you will have a chance to prove your innocence in court.

Obviously you are extremely anxious, and most of us have been there and can understand your feelings, but honestly it is likely to be a while before you hear anything. You have been bailed for 10 weeks and are unlikely to be contacted before then and you may well be re-bailed at that point.

Coming back to your previous conviction, I don't want to harp on this point, I appreciate it may be a sensitive matter, please don't elaborate if you don't want to, but if it was relevant to this accusation then doubtless the CPS will be made aware and take it into consideration.

[InnocentMan]

Hi,

Firstly don't worry about conviction & SOR just at the moment, you've not even been charged yet!

Have read of this thread from the 'Useful information' section which will give you some idea of the process:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

It is usually the case that an allegation of rape occurs, it comes down to one witness's statement versus another, but specifically in your instance there appears to be an independent witness readily to hand:



Presumably the sister will be interviewed by the police and I would say her evidence is crucial; were your accuser not completely willing I would hardly think you could have got into this position unnoticed by either of the girls!

However this concerns me; was the conviction for a sexual offence?

In a word, no.

I appreciate that you gave a no-comment interview but if you had given an account presumably it would have been along the lines of that she was a willing partner to all that transpired. Therefore it would be expected to find your DNA on or inside her.

Her account is that she was asleep and therefore could not consent to anything that you did.

As there is some conflict (i.e. you did not immediately admit that you committed the offence) the police will not decide themselves who is telling the truth but will (eventually, as detailed in the link I gave you) pass any evidence and statements to the CPS who will (eventually etc) make a decision based on whether they think a jury is likely to convict based on the evidence they have.

Only then would you get charged! After that you will have a chance to prove your innocence in court.

Obviously you are extremely anxious, and most of us have been there and can understand your feelings, but honestly it is likely to be a while before you hear anything. You have been bailed for 10 weeks and are unlikely to be contacted before then and you may well be re-bailed at that point.

Coming back to your previous conviction, I don't want to harp on this point, I appreciate it may be a sensitive matter, please don't elaborate if you don't want to, but if it was relevant to this accusation then doubtless the CPS will be made aware and take it into consideration.

Thank you, and I Read the details on the link you sent me. It said something about losing hope in the justice system, I already have no hope in the justice system if I did I Wouldn't be worried that I'd be wrongly convicted. I'd say its the not knowing that is eating at me the most and also my Galaxy phone missing lol but thank for your responses you've been of considerable help.

[Casehardened]

I already have no hope in the justice system if I did I Wouldn't be worried that I'd be wrongly convicted.

At the investigation stage it all seems very one-sided as everyone seems to believe the accuser and not the accused but those members whose cases did end up in a trial say that the jury and jury do listen carefully to what the defendant has to say and usually come to a correct verdict.

One of our members, billiykickass wrote a very good account of his experiences and emotions; it's quite lengthy but may be of interest to you:

http://www.daftmoo.org.uk/mooforum/s...ied&highlight=

Keep posting and reading, you will find that this forum becomes an anonymous shoulder to lean on.

[Rights Fighter]

Casehardened said:

However this concerns me; was the conviction for a sexual offence?

Innocent man said:

Yeah I think it was I'm not quite sure I Don't have the papers handy, sorry.

Are you saying you really don't know what you were convicted of, and that you need the papers to remind you?

[RFLH]

He answered CH's question

"Also I'd just like clarify I never got arrested for sex offences before the trouble with the police I speak of are like drunken disorderly and drug related."

[Rights Fighter]

He answered CH's question

"Also I'd just like clarify I never got arrested for sex offences before the trouble with the police I speak of are like drunken disorderly and drug related."

I am aware of that. I am merely making the observation that Innocent Man said:

Yeah I think it was I'm not quite sure I Don't have the papers handy, sorry.

If you have been convicted of an offence you would know what it was. Initially he thought it was (a sexual offence) in his answer to CH's direct question and I cannot see that on having checked the papers he realised it was something else. He would know.

As I said it's only an observation.

[InnocentMan]

I am aware of that. I am merely making the observation that Innocent Man said:





If you have been convicted of an offence you would know what it was. Initially he thought it was (a sexual offence) in his answer to CH's direct question and I cannot see that on having checked the papers he realised it was something else. He would know.

As I said it's only an observation.

Sorry I made a mistake. The conviction which happened years ago wasn't a sex offence No, I thought he/she was speaking about the current case I am sorry for the confusion. What I'm not sure about is the charges I'm facing now because I understand there are different terms for different forms of rape.
I'm not sure I want to disclose what I was convicted but it isn't for violence or sex or harming another person it isn't theft but its drug related.

[InnocentMan]

At the investigation stage it all seems very one-sided as everyone seems to believe the accuser and not the accused but those members whose cases did end up in a trial say that the jury and jury do listen carefully to what the defendant has to say and usually come to a correct verdict.

One of our members, billiykickass wrote a very good account of his experiences and emotions; it's quite lengthy but may be of interest to you:

http://www.daftmoo.org.uk/mooforum/s...ied&highlight=

Keep posting and reading, you will find that this forum becomes an anonymous shoulder to lean on.

Thank you I will check it out.

[Casehardened]

Sorry I made a mistake. The conviction which happened years ago wasn't a sex offence No, I thought he/she was speaking about the current case I am sorry for the confusion. What I'm not sure about is the charges I'm facing now because I understand there are different terms for different forms of rape.
I'm not sure I want to disclose what I was convicted but it isn't for violence or sex or harming another person it isn't theft but its drug related.

No need at all to disclose it to us; the only reason we asked is that if it had been for a sexual offence then the CPS would be far more likely to bring a prosecution this time and any potential court case would be more difficult to defend. (on the basis of; give a dog a bad name.....)
.
Obviously the conviction and any arrests will be a matter of record but won't influence the CPS in this instance.

PS. You're not facing any charges because you haven't been charged yet!! I know you can think of nothing else as this is probably the worst problem you've faced but the reality is that as far as the police and CPS are concerned this allegation is well down their scale of priorities (in that it is non-violent, doesn't involve a minor, and there is considerable doubt about the consent issue) and so will likely go to the back of their box.

To ease your mind while you are waiting, write a timeline of exactly what happened that evening, and the names of all potential witnesses who were there, while the events are still fresh in your mind. (bearing in mind that this matter might drag on for months and memory can easily play tricks!)