husband falsely accused of historic sexual assault by step daughter

[frightened spouse]

Thank you again to everyone who has taken the trouble to reply to me.

Having read a few of the other threads the police reluctance to look at evidence that casts doubt on the complainants story seems to be a recurrent theme. My first thought is that I should make a complaint about the conduct of the IO to the forces professional standards for ignoring my emails informing her of additional information.

However as everything seems to be turned on it's head in FA cases something tells me this may be the wrong thing to do. Does anyone have any thoughts or experience on this ?

[myhome]

gut feeling is don't write any complaints or anything like a complaint until this is all done are dusted. Plod are not your friends and if you start complaining about them they're even less your friends and will want to find evidence to get a charge even more.

if this should go to a charge then any info like not replying to e mails will be useful then and your solicitor will want to know and will know what to do with this kind of information......

Someone else will come along soon and advise too _ I may be wrong but a criminal defence sol said to me that when you're holding the ace of trumps you have to be very careful when you play it. I'm not implying you have the ace but it may be a 2 or 3 and needs guarding carefully.....

[Casehardened]

i doubt DNA is going to be much use for the CPS with a historical accusation

You're quite correct in that it is not much use in a historical accusation but it is run through the system just in case it matches up with a previous unresolved case (this is why the police are upset at having to destroy the database of all the NFA'd samples....two wrongs don't make a right but they do make a prosecution)

[breakmyheart]

a few pointers

Thank you again to everyone who has taken the trouble to reply to me.

Having read a few of the other threads the police reluctance to look at evidence that casts doubt on the complainants story seems to be a recurrent theme. My first thought is that I should make a complaint about the conduct of the IO to the forces professional standards for ignoring my emails informing her of additional information.

However as everything seems to be turned on it's head in FA cases something tells me this may be the wrong thing to do. Does anyone have any thoughts or experience on this ?

Hi frightened spouse,

Firstly I understand all too well of the fear and darkness you are going through.Each and everyone on here have or are experiencing the same hell.

I would like to mention some points on d.n.a . Fingerprints and swabs are standard procedure and are even carried out if you were arrested on drink drive offences, so I wouldn't panic. Historic allegations only determine that unless sexual activity have taken place within the last 14 days, so in your husbands case this is not applicable to have a full examination for dna.

Within what you are saying regarding the case I believe that Police will be guided by the C.P.S as to what line of investigations should be followed.This is solely dealt with by the o.i.c and unless he incorporates you and requires a statement within his investigations. I consider at this stage your emails are of little impact and sadly you play the waiting game amongst the world of the unknown. Despite whatever the police may think they have a duty and obligation to fulfil to all complaints and all of the investigations work will go to the cps and remains for them to decide what they will do. There are some stickies that give further info on procedures and could be helpful to you.

The details of the complaint are never known at this stage and only become available if a charge is to be served. (please god this will not happen )

Wishing the best of luck. regards b.m.h

[frightened spouse]

Hi Break my heart

Thanks for the response. I had a look at your thread and I can see there are certain similarities and that it appears that your wife was not approached for a statement either. As you say it is a case of just waiting . I don't know how you managed with the contact restrictions imposed on you, it was so cruel and inhuman, but so pleased that you got your NFA.

We are expecting the investigation to conclude in the next week or so (police annual leave permitting ) but realistically it could be a number of months before any decision is made. We have a new sol lined up if this is taken any further , just need to be prepared so it doesn't feel like we are falling over the edge of a cliff if there is a charge.

Hoping to have a good weekend as I know the tension will mount up again next week when sol has contact with the police.

[worriedgirl]

hi frightened spouse, just read through your thread I'm in a similar situation. when my partner was arrested I gave a statement to the police thinking I would be helping his case but all they were really looking for was anything to use against him. They have told me they wont require me to give evidence at the trial which is the same for several others who gave a statement. As there is nothing to help there case against him. If your husband is charged (hopefully he wont be) you can give a statement to his solicitor for his defence. best wishes worriedgirl

[frightened spouse]

Hi worried girl

I think the revelation that the police have little interest in hearing facts that contradict the FA's story was a bigger shock to me than the FA itself. I remember after a few weeks when we were going to the police station for my husband's interview telling my son that "this was the beginning of the end and we would soon be back to normal," how naive I was.

It just makes me more determined to fight and support my husband throughout as I know we have truth on our side.

I hope you are sleeping a bit better and best of luck getting your partner's contact/living arrangements sorted in the very near future.

[worriedgirl]

Its really good that you are supporting your husband. Just got to keep believing the truth will come out.
Thankfully I have been sleeping better hopefully we will hear from social services soon. It would be nice if after nearly 2 and half years he could actually sleep in his own home. best wishes

[frightened spouse]

Having a really wobbly day today, expect to hear from IO about conclusion of investigation any time. After a pretty good weekend had a phone call from husband who is feeling very negative. It is my belief that many cases are passed to CPS whether NFA or leading to a charge, and the defining line between CPS and police is not that clear cut ( please feel free to correct me ) just worried how he will react if it is passed onto CPS.

It didn't help that some months ago he visited someone that widely advertises on FA's ( but is not recommended on this site as far as I can see ) and was told he had a 95% chance of being charged in the current climate. I told him I didn't think this was accurate and that it was to encourage him to sign up for representation that would be £6000 and that was just the fees pre charge. I have recently found a BBC article stating of 23000 csa offences reported in 2010 just over 2000 resulted in a conviction.

My husband likes to plan for every eventuality but this invariably includes worse case scenario. He has more recently spoken to a solicitor highly recommended on this site and his approach was much more measured, but as I can appreciate it is hard to dispel my husband's fears and get him back on a more even keel.

[Casehardened]

Hi,

Don't be overly concerned about cases being passed to CPS for a decision as it is my belief that they all are unless it is patently obvious that the accusation is false (i.e. the accused has an alibi) simply because of 'back-covering' by the police who, as you probably have read, have been told to assume all sexual offence allegations are true.

The CPS will take a more detached and measured view of the 'evidence'.

[whatsgoingon?]

Hi frightened spouse, sorry you're having such a bad day. Waiting to hear is the worst. I really hope it's a good result for you.

However, if charged, a solicitor who's been highly recommended on here is worth their weight in gold.

[myhome]

Hi frightened spouse - really sorry you're down to-day - it's really horrible but the ups and downs swing from one to another with no apparent reason....

The cps will only recommend a trial if they are 51% certain of getting a conviction...every case is different and even cases that seem on the surface to be almost the same differ in many ways thus the outcomes can be different - or even the same.......

Keep strong......

[frightened spouse]

Thank you casehardened, whatsgoingon and my home for your calming words.
I am feeling stronger this evening, I am generally ok, but my husband and I only really have each other and when he's down it really knocks me. Unfortunately my husband has no alibi as from what we can gather the FA has been conveniently vague about dates, times etc. When I was a victim of domestic violence by my ex partner I remember the dates of every occasion even though it is now even more than a decade ago.

Just got to keep plodding on and hold it together for my kids.

Best wishes to all

Frightened spouse

[frightened spouse]

The search engine facility on the threads is a great resource, I can see that polygraphs (lie detector) tests have been discussed in the last 12 months and that they are not admissible in court. However my husband about a month in to our ordeal decided he wanted to do one which of course he passed with flying colours as he was so desperate to fight the FA.

The results were passed on to the IO I just wondered if they would have been looked at or conveniently discarded in the nearest waste paper bin , our sol seemed to think that if the case was passed on to the CPS the results would be included even though they are inadmissible. Any thoughts ?

[breakmyheart]

statements

Hi Break my heart

Thanks for the response. I had a look at your thread and I can see there are certain similarities and that it appears that your wife was not approached for a statement either. As you say it is a case of just waiting . I don't know how you managed with the contact restrictions imposed on you, it was so cruel and inhuman, but so pleased that you got your NFA.

We are expecting the investigation to conclude in the next week or so (police annual leave permitting ) but realistically it could be a number of months before any decision is made. We have a new sol lined up if this is taken any further , just need to be prepared so it doesn't feel like we are falling over the edge of a cliff if there is a charge.

Hoping to have a good weekend as I know the tension will mount up again next week when sol has contact with the police.

Hi frightened spouse,
I hope things aren't getting on top of you at the moment and your keeping well in mind and spirits.
I realise my thread is long and has constituted nearly 6 months of the worst hell of my life , however im sure I mentioned that my wife was interviewed and a statement given. The oic wanted to identify this as means of her being a prosecution (probally due to the accusations being made that I offended at home )
Despite her sol advice not to give a statement but it would be beneficial in our case as we wanted so desperately to have my bail conditions varied and at least get to see my children and this would be the beginning of them seeing a different light to home life, lies and what type of father I really am.At least that was the idea and certainly caused a stir but grounds to enable us to pursue the issue that we fortunately gained in a favourable fashion.
in time my wifes frustration grew , being told that she was on a need to know basis of the allegations made by her daughter and that until they had decided weather they were to use her as prosecution the bail shall remain with no contact with me , even though oic repeatedly being told that she shall never be on prosecution and should I be charged she would be my defence, up until my nfa the oic chose to be distant addressing this change and I find it ironic how many times annual leave is allowed by officers , and that's without courses that they attend .

Yes we have been to hell and many others too, and for those whom are finding themselves reading and studying the many threads looking for answers and clues I welcome them to find that courage and write there problem and all and any members are here to help and support, as they so often did for me.

Please keep us updated , and wishing you a speedy end to the right decision, regards b.m.h