I was charged please help me

[Rik]

Hi all I was charged with sexual assault this morning. It felt surreal and horrible. I felt lightheaded. After 4 months of bail apparently a decision was made from the CPS. It was at first attempted rape now it is sexual assault.

Any help would be good. I have to appear in front of a Magistrate and I have no idea what to exepect.

Background

Hi, here it goes....

Background, I'm a very popular teacher and do get a lot of female attention but I lost sexual interest 3 years ago due to hormone medication [side effects - 96% will suffer some if not all - loss of sexual interest, low libodo, impotence, etc] and sometimes I felt like I was gay. I am medium black in colour and have no criminal records etc coz of my job and talk with a posh clear English accent.

I went out one night for a few hours because I was happy about handing in my dissertation. Ended up meeting a couple of girls and I knew but left then but got free entry to a club because I am trusted and liked. As it was my local area I stayed out a bit longer then usual during a work week - big mistake on a work nite.

I walked home a few hours later and ate when I got in and woke in the morning then off to work. I completed a normal day and in the evening I was told the police were looking for me. The allegation of attempted rape!!!!! I volunteered to the police station gave my hair, nails, dna, etc etc and a few hours later I gave an interview with my solicitor present. I answered everything including some of my clothes, what I ate at home where I went etc etc.

They asked me about my hormone tablets and that it must make me frustrated. They asked me how I sustained a minor scratch on my thumb and I said it might have been from feeding the local cat food at nite [which I have a habit of doing] but I did notice the scratch until I got to work. I explained that the hormones actually make me quite sexless if not maybe gay. I was asked if I touched up a girl and I said NO!!. I said it was horrible though for anyone to experience. I was released on police bail.

2 months later I was question again coz the girl said it was me from the photo ID parade. Again I answered all the questions. They showed me CCTV of someone that was of so poor quality that I could not decide if it was me or not. They said they had evidence that I bought a kebab from the only takeaway open 20 minutes from an alleged attack - which is a shared route to my home and the alleged victim. The alleged proof was a till receipt for the total cost of a kebab. Was not shown the receipt at all in the interview.

The final CCTV shows a very poor quality photo of someone going home and behind him a girl comes up from behind and passes him. 1 minute later it is out of range of the camera. The rest is that I went home and she alleges that a man with a foreign accent called hera gorgeous lady and then followed her into the garden because he forgot where he lived and tried to touch her bits up and pulled her hair then left. She said she suffered a minor scratch and slightly red cheek. She said she remembered everything coz she only had 3 pints of cider at a student house party over 3 hours.

After 3 hours of questioning the police asked me why bits of doner meat was found in her garden? I said that I don't eat the stuff and I had food at home ready and that I didn't know where she lived as I would have turned off to go home long before the road further up. There was one witness who was so drunk and 60metres away on the CCTV that he said it was a slim white man.

I explained I respect people's boundaries and would not harm or touch anyone. The interview ended and I was bailed again. To date it has been 3 months. The OIC did come to the house to extend the bail again and whilst chewing gum said its been referred to the CPS.

There is no DNA that has been brought up and no statement shown from the kebab shop staff and no receipt that I bought any food.

So I am accused of attempted rape based on the above. I have not been charged even though my house has been raided twice but there was nothing. They didn't even want the clothes I was wearing that nite.

Can anyone offer me some advice or support coz I have never had this before?

[is there justice?]

Hi Rik

I'm sorry to hear you were charged. I believe the CPS will charge if they believe they have a 51% chance of a successful prosecution.

This is what I wrote on another thread re the process:
" The plea hearing is pretty much confirming his details, the charge(s), making his plea then deciding if it is' triable' either way (magistrates or crown court), rape is Crown Court I believe, setting a date and so on.
My hub's is being heard in Magistrates and there was lots of discussion regarding how many witnesses for each side and how long the prosecution and defence thought they would need with each. I don't know if they decide that at the plea hearing for Crown Court.
This concerns me because, at that point, we hadn't read the statements and now I think we need 2 more witnesses.
They will most likely make your friend stand behind the glass screen which is very unpleasant and isolating.
He needs lots of support and needs to know that his friends and family believe him.
Afterwards he will feel the shock of attending and it really de-stabilises you again but that will settle again."

The severity of the sexual assault charge will determine if it goes to Crown or can stay in Magistrates ( if you prefer) as they are limited in their sentencing. Magistrates are more likely to convict, statistically, but you have an automatic right of appeal. Jurors are statistically less likely to convict than Magistrates but you need grounds for appeal. An appeal following magistrates is heard before a Judge and Magistrates.

Please make sure you have excellent legal representation.

[Casehardened]

Hi Rik,

Sorry to hear that you have been charged, your emotions must be all over the place but remember this is just another stage & certainly doesn't mean 'guilty as charged'.

ITJ has made some good points re. Mags & CC, and it seems to me that the whole case revolves round the takeaway in that if you didn't go there there is no case. If you bought the kebab and were given the receipt it will have your fingerprints as well as the staff member's on it; if there are other fingerprints and not yours the case should collapse when this is pointed out in court. Hopefully your defence team will concentrate on this when they get the CPS disclosures.

That the CPS have charged with sexual assault rather than attempted rape suggests that they are unsure of their 'evidence' but daren't drop it 'just in case'.

I can't remember if you have legal representation already but guess that your union will help you out on this.

[myhome]

Hi Rik - really sorry to hear this - as CH says - it's another step in the process and you will now be able to start to build your defence. Please make sure you have a defence team which specialises in these types of cases.......keep strong - we're all here for you.....

[whatsgoingon?]

Hi Rik,
I'm really sorry to hear that they are charging you on seemingly nothing more than very scanty circumstantial evidence. Let's face it, the kebab-meat thrower and the alleged agressor could be 2 completley different people. You mentioned you'd already had a run-in with the police and it wouldn't surprise me at all if this were pay-back, the intention might be 'to give you a nasty fright'

ITJ mentioned the CPS will only charge if there is a 51% chance of obtaining a conviction - this can be significantly reduced if you have a really good defence team and if you clearly put up a fight.
Imagine ..you are about to run a race, people are betting on your opponent because he looks big and tough and intimidating, but then you get yourself a proper trainer, train like hell etc, the odds are going to swing round. That's what you want to aim for. The case can be dropped at any time even if it arrives to Crown Court.

I would make sure you have a specialist solicitor who is also used to dealing with race-relation issues. Don't be passive, collect as much evidence that you didn't do this.

In the mean-time.... you're bound to feel terrible, it's a dreadful situation to be in, try to live a normal life as possible, distraction is the key, excercise, meditation, funny films , fishing, whatever you enjoy most. You know you didn't do it. Have faith and trust in yourself .

All the best,

[Rik]

Thank you all.

I thought my life was over. I have alot of support who are saying the same thing. i will consult my legal expert agan today. I wasnt not coping very well last nite.

I have prepared a bundle and the expert already said that the police have breached my human rights by imposing a term to prevent me from entering anywhere that sells alcohol. The warrants could also be suspect.

friends said the same things, the charge has already come down without my defence team doing anything. I worry why are they still going forward and people have said coz there are too many cogs turning and maybe to scare me coz I am a passive and quiet guy. I was told that if they had finger prints, dna, etc then would have introduced it in the interview or charge me on day one. But im not an expert.

If i did order a takeaway, the shop never gives the customer the receipts and the only receipt they may have doesnt show what was ordered only a total [fact]. My friends have also worked out that the bin men wud have collected the rubbish on the drives of the houses 5 hours after the alleged incident so the bins and rubbish would be out on all drives.


Im feeling very scared and fragile as 6 days ago i was beaten up and robbed and with this case I feel sick.

Does anyone know what the cap for legal aid is? i heard it is £22,300 or something like this.

[RFLH]

Hi Rik, have a look at this - its the new rules.

https://www.gov.uk/check-legal-aid

[whatsgoingon?]

Sorry to hear you've been feeling so awful. I'm afraid it's part of the course, it's like a rollacoaster and you have to hang on tight. Each time you come out of the other side, pat yourself on the back... each time you feel terrible, remind yourself that you've felt that bad before and you've come out of it.

Did you tell your solicitor about the different CTC evidence? I would have thought that would be very important to get a copy of. The take-away shop may have their own CTC records relating to that evening.

Take care, try and stay on top.

[Rik]

Sorry to hear you've been feeling so awful. I'm afraid it's part of the course, it's like a rollacoaster and you have to hang on tight. Each time you come out of the other side, pat yourself on the back... each time you feel terrible, remind yourself that you've felt that bad before and you've come out of it.

Did you tell your solicitor about the different CTC evidence? I would have thought that would be very important to get a copy of. The take-away shop may have their own CTC records relating to that evening.

Take care, try and stay on top.

By CTC evidence did you mean CCTV evidence? My friends have checked it out the takeaway and said there are no cctv cameras and they dont speak very good english. I will discuss all other stuff and my bundle with the solicitor next week. My solicitor who specialises in high profile murder and rape cases told me to chill and not worry so much. He already spotted a breach of my human rights which he will challenge and he said we need to see what evidence the police think they have.

The solicitor said the polcie wanted my phone to track my movement and were desparately wanting to know what I looked like on the nite.


Thanks for your support. Yes Im just having my ups and downs like a rollercoaster.

[whatsgoingon?]

By CTC evidence did you mean CCTV evidence? My friends have checked it out the takeaway and said there are no cctv cameras and they dont speak very good english. I will discuss all other stuff and my bundle with the solicitor next week. My solicitor who specialises in high profile murder and rape cases told me to chill and not worry so much. He already spotted a breach of my human rights which he will challenge and he said we need to see what evidence the police think they have.

The solicitor said the polcie wanted my phone to track my movement and were desparately wanting to know what I looked like on the nite.


Thanks for your support. Yes Im just having my ups and downs like a rollercoaster.

Yes, sorry, I do mean cctc . You may feel pretty low, but you seem to have a highly experienced solicitor and the way he's handling it sounds very positive, and that's pretty reassuring. Having a decent defence team is huge.
Apart from the legal aspect, it's horrible having things said about you that aren't true, but if someone tells lies about you, who is the guilty party really? Have you ever come across kids who love telling untrue tales about other kids and noticed the other kid's reaction? It's just like that isn't it? Horrible! When the lying kid gets found out they don't look so smart then...

Trust in your legal team, yourself, your friends and family ,and God if you're a believer.

[Rik]

Thank you sooo much 'WGO'!!

Well the allegation has moved from rape to 'touch without consent' without any intervention from my defence team.

Yes the solicitor is tough and experienced. I cant prepare any more notes coz its a matter is the donnor meat mine and does that mean I did anything alleged [which keeps changing]. The female has no injuries and in several months no DNA was produced.

[is there justice?]

Sorry you were charged Rik but at least, like us, you now have an end in sight.

Depending on the nature of the offence you have been charged with, it could be heard in Magistrates' or Crown Court. There are pros and cons for both but we are going to Magistrates' initially then on to appeal if necessary (hope not). So far our legal costs including barrister at Court, total under £6,000. We haven't applied for legal aid but would have done if facing Crown Court.

Keep your chin up - I've found every new development very unsettling but it isn't forever.

[whatsgoingon?]

Thank you sooo much 'WGO'!!

Well the allegation has moved from rape to 'touch without consent' without any intervention from my defence team.

I cant prepare any more notes coz its a matter is the donnor meat mine and does that mean I did anything alleged [which keeps changing]. The female has no injuries and in several months no DNA was produced.

Brilliant! You've still got to fight this, though.

Have you done anything about officialising your allergy? If not, take a visit to your GP. Having this in writing would be the tops.
(Of course, there's nothing to say ,anywhere, that being a donner kebab eater turns you into a rapist, sexual assaulter or groper. )

[myhome]

Hi Rik - really sorry to read about your assault too........you must be wondering whatever next.........your case is sounding more and more thin every time you post and it sounds like you've a great lawyer too.....fingers poised over the dancing bananas.................

[Boys don't cry]

Brilliant! You've still got to fight this, though.

Have you done anything about officialising your allergy? If not, take a visit to your GP. Having this in writing would be the tops.

Thank You WGO for reminding Rik what I wrote last month.

Rik, I am sorry you have been charged but this detail as we now both mentioned is important for your defence.

You need evidence and this one I am sure is not negligible.