Falsely Accused (Again!)

[mic701]

Hi

My husband was arrested last week on suspicion of rape of a 16 year girl who had been working in his shop. He was bailed pending further enquiries and has to return in 4 weeks. She accused my husband of drugging her and rape. My husband had told the girl to go home at 10pm because she was behaving inappropriately pulling up her top and showing her stomach. My husband remained in the shop until closing and he has witnesses to this, the only time he left the shop was to go to the corner shop and returned straight away. Between the hours of 10pm and 1am the girl reported the alleged incident to the police and he was arrested at 1am on his business premises as he stayed upstairs.

Once at the police station he was interviewed but at no time was he told when this act was supposed to have taken place, They took blood tests to check for drugs; my husband did say that he thought something had been put into his drink as during the night he felt dizzy, nauseous and later vomited. They also took his phone, bank cards and driving licence.

What seems to be making this worse is that 10 years ago he was falsely accused of the same thing thing but the police did not believe the girl and there was no further action taken. The police keep alluding to this - are they allowed to this and will this mean that he will most likely be charged due to the previous allegation? No smoke without fire etc!!!!!

The girl has told one of friends and she is now saying that my husband did the same to her!

As there will be no DNA evidence from my husband on any rape kit - if one was done, what other evidence would they take into account to charge him?

I am currently walking around in a daze as I can't believe this has happened twice.

Advice please!

[frightened spouse]

Hi Really sorry to hear your story, but welcome to the Forum.

The first thing that occurred to me when I read your post was to ask if your husband has any cctv cameras in his shop that may assist in showing the girl's inappropriate behaviour which caused her to be sent home in the first place and also any interaction between your husband and the girl during the evening. ( Or even previous shifts as you don't know when she is claiming this happened)

Unfortunately as you are finding out the police attitudes to investigating these matters have changed greatly over the last decade, whereas they were maybe too lax in the past it appears that they are now believing the "victim" even when circumstances suggest it is a malicious allegation.

Is the girl's friend also an employee ? Has she gone to the police regarding these claims ?

Can totally sympathise with the shock you are feeling particularly as this isn't the first time this has happened. Does your husband have a solicitor experienced in defending fa's ? Any information you have which may help your husband's case should be passed to his legal representation, don't trust the police as they may allow the girl to change her version of events.

Best wishes

FS

[mic701]

Falsely Accused (Again!)

Hello

Thank you for your response. Unfortunately the shop does not have cctv and neither does that corner shop he went to between the hours of 10pm and 1am. There were other witnesses in the shop to the girls inappropriate behaviour. The girls friend is not an employee but has made the same allegation and I believe she has gone to the police also, it's difficult to say categorically as the police are being very vague.

When you say the police can allow the girl (s) to change their statements do you mean to ensure he will at least be charged? Also, do the police have targets to meet regarding the number of arrests and convictions for these type of offences?

My husband has been to a solicitor but he does not specialise in fa's, he doesn't seem to be too optimistic though especially due to the events 10 years ago, and does not have much faith that the police will investigate thoroughly. He also says that it could upto £25,000 to defend this case if it went to court!!!!!

Hard to stay positive.

[frightened spouse]

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

Unfortunately police do have targets to meet and can be unscrupulous in how they investigate these cases. I cannot stress enough how important it is to get a solictor on board who specialises in false allegations.

Have a look at the link above, if there are none local to you other members may be able to make suggestions if you post up the region in which you live.

The police/cps do allow complainants to change their statements, ie. if your husband has an alibi or witnesses for a certain date or time they could reinterview the girl and she could change the time and this is allowed as she may have been confused due to the "trauma" she has suffered. That's why it is so important to keep details of your husband's defence between yourselves and your solicitor. Do not trust the police.

Have the police interviewed any of the witnesses to the girl's behaviour before she was sent home ?

Noone can say whether your husband will be charged but it is better to be prepared in case it happens.

Best wishes

FS

[myhome]

Hi and welcome to the forum and really sorry you have had to find us. FS has given great advice as always...

Plod will allow the girls to change their stories as many times as they want to, to contradict anything your husband may have said when he was interviewed and afterwards. It is imperative that he doesn't say anything to plod without a sol present and he must never volunteer any information to them which could help to prove his innocence - that must all be saved for his solicitor to build a defence later should it become necessary.
As FS has said, plod does have targets to meet and they have far more interest in meeting these than investigating properly and proving your husband's innocence. This is not said flippantly or cynically - most threads on here will back this up...

I have a feeling that if the historic FA is not related to this one, it cannot be used again - RF who is our expert will probably be along later and confirm or correct my thought on this...

It is also essential that your husband has a solicitor who IS a specialist in FA's. The cost he has been quoted is conservative - I've been quoted more than £40,000. You can apply for legal aid but with the changes that have recently been brought in you may not necessarily be able to choose your defence team. If you can privately there are several good teams recommended in the thread FS has given you the link to - and also those to avoid....

keep strong and keep posting.....

[mic701]

Falsely Accused (Again!)

Hi and welcome to the forum and really sorry you have had to find us. FS has given great advice as always...

Plod will allow the girls to change their stories as many times as they want to, to contradict anything your husband may have said when he was interviewed and afterwards. It is imperative that he doesn't say anything to plod without a sol present and he must never volunteer any information to them which could help to prove his innocence - that must all be saved for his solicitor to build a defence later should it become necessary.
As FS has said, plod does have targets to meet and they have far more interest in meeting these than investigating properly and proving your husband's innocence. This is not said flippantly or cynically - most threads on here will back this up...

I have a feeling that if the historic FA is not related to this one, it cannot be used again - RF who is our expert will probably be along later and confirm or correct my thought on this...

It is also essential that your husband has a solicitor who IS a specialist in FA's. The cost he has been quoted is conservative - I've been quoted more than £40,000. You can apply for legal aid but with the changes that have recently been brought in you may not necessarily be able to choose your defence team. If you can privately there are several good teams recommended in the thread FS has given you the link to - and also those to avoid....

keep strong and keep posting.....

Hello

Thanks for your post. We are just gathering some info on some solicitors, it's hard to find someone near to us we are in North Lincolnshire, so will probably start with one recommended on your forum based in York first.

Thanks again.

[whatsgoingon?]

Hi Mic701 - welcome to the forum.

Your husband must get the best solicitor he can (this doesn't necessarily mean the most expensive). The person he needs to defend him should have a proven track record in sexual allegations. I can't emphasise how important that is - have a look at the list and if there's no-one in your area, put a request in.
As for the predictions of your current solicitor... I would have thought it's early days yet to make a prediction like that.

All the best

[myhome]

some sols will work nationally

[mic701]

Advice Given

Hello

We have now spoken to one of the solicitors suggested on the forum and it doesn't look good, they don't seem to be too optimistic about being able to prove the allegation is false due to the 'he said, she said' so called rule, my husbands birth nationality, and the state of the legal system. Furthermore we have been told that his best chance is to get to the european court! I am completely perplexed!!!

Now What??

[myhome]

My immediate reaction is that the solicitor hasn't really given enough thought to this before effectively telling you your hubby is going to prison!!!!! My guess would be that they don't want to take the case on. Don't know what other members think? I would have hoped that a decent sol would consider things carefully and look at everything your hubby has to say and the allegations before coming to that conclusion. As for "he said - she said" this is now "evidence"!!!!! but I went to billykickass's trial and that was the "evidence" in that case. billykickass got 2 Not Guilty verdicts.

With regard to your husband's birth nationality - why is this relevant. I'm assuming he's not an illegal immigrant, in which case he is surely entitled to the protection of the British Justice System. If the solicitor is suggesting that because of your husband's birth nationality, he is not entitled to this protection, then this is discrimination under the 2010 Equality Act. Race is one of the 9 Protected Characteristics which cannot be used to discriminate against anybody for anyting. You can find it if you google "9 protected characteristics"

My suggestion would be to make an appointment to see another sol who is specialist in these cases and spend time with them putting forward everything you have that will help your husband prove his innocence....

[mic701]

My immediate reaction is that the solicitor hasn't really given enough thought to this before effectively telling you your hubby is going to prison!!!!! My guess would be that they don't want to take the case on. Don't know what other members think? I would have hoped that a decent sol would consider things carefully and look at everything your hubby has to say and the allegations before coming to that conclusion. As for "he said - she said" this is now "evidence"!!!!! but I went to billykickass's trial and that was the "evidence" in that case. billykickass got 2 Not Guilty verdicts.

With regard to your husband's birth nationality - why is this relevant. I'm assuming he's not an illegal immigrant, in which case he is surely entitled to the protection of the British Justice System. If the solicitor is suggesting that because of your husband's birth nationality, he is not entitled to this protection, then this is discrimination under the 2010 Equality Act. Race is one of the 9 Protected Characteristics which cannot be used to discriminate against anybody for anyting. You can find it if you google "9 protected characteristics"

My suggestion would be to make an appointment to see another sol who is specialist in these cases and spend time with them putting forward everything you have that will help your husband prove his innocence....

Hi myhome

I was taken aback by the comment from the sol regarding my husband's race as your right it should be a matter for consideration, and no my husband isn't an illegal immigrant he is a british citizen who has lived here for over 25 years and has had to deal with prejudice and racist comments for all that time. I have spoken with a prominent solicitor (so called celeb sol) who has said regarding the european court issue that they have not heard of anyone ever doing that before! We do not seem to be getting any positive response from the specialist sols, some I have been unable to contact or have not responded to me. We are currently using a local solicitor who is experienced in criminal matters as we have no other choice at the moment.

We are in limbo and still do not know the exact nature of the allegations either.

Worried!

[frightened spouse]

Hi myhome

I was taken aback by the comment from the sol regarding my husband's race as your right it should be a matter for consideration, and no my husband isn't an illegal immigrant he is a british citizen who has lived here for over 25 years and has had to deal with prejudice and racist comments for all that time. I have spoken with a prominent solicitor (so called celeb sol) who has said regarding the european court issue that they have not heard of anyone ever doing that before! We do not seem to be getting any positive response from the specialist sols, some I have been unable to contact or have not responded to me. We are currently using a local solicitor who is experienced in criminal matters as we have no other choice at the moment.

We are in limbo and still do not know the exact nature of the allegations either.

Worried!

Hi Mic701

Sorry to hear of the problems you are having. I may be wrong here and jumping to the wrong conclusion, but would I be right in thinking that your husband is Asian. Even before I was caught up in this nightmare I noticed there were many high profile cases of asian men involved in the grooming and abuse of young white girls. It is as if the media has created another damaging stereotype, along with the neverending coverage of cases which would suggest there is a paedophile or rapist lurking on every street corner.

The truth is unless your husband is charged and there is paperwork for a solicitor to look at they are unable to give anything other than a general appraisal of the situation and they will naturally be cautious about giving you false optimism.

It is a truly horrendous situation that none of us have any choice other than to ride it out. I appreciate how hard it is I often feel as if we are literally staggering to the end of each day.

Best wishes

FS

[mic701]

Hi Mic701

Sorry to hear of the problems you are having. I may be wrong here and jumping to the wrong conclusion, but would I be right in thinking that your husband is Asian. Even before I was caught up in this nightmare I noticed there were many high profile cases of asian men involved in the grooming and abuse of young white girls. It is as if the media has created another damaging stereotype, along with the neverending coverage of cases which would suggest there is a paedophile or rapist lurking on every street corner.

The truth is unless your husband is charged and there is paperwork for a solicitor to look at they are unable to give anything other than a general appraisal of the situation and they will naturally be cautious about giving you false optimism.

It is a truly horrendous situation that none of us have any choice other than to ride it out. I appreciate how hard it is I often feel as if we are literally staggering to the end of each day.

Best wishes

FS

Hi

He is not Asian, but Turkish. We know of many Turkish and Asian people who have been falsely accused, one ended up with a 7 year prison sentence.

We have to keep going and hope that somehow the truth will be out.

[myhome]

Hi again - here's link to the 9 Protected Characteristics which cannot be used to discriminate against anyone. I am astonished that your sol has mentioned your husband's race and even more so as he is a British Citizen.

http://www.equalityhumanrights.com/a...s-definitions/

Hope you find it useful and that you get a sol who will listen to you and help you both....MH

[mic701]

D Day

Hi

Well tomorrow my husband has to answer bail, so we are on tenterhooks!! Having had a conversation with the CID guy it does look like he will be bailed again - great timing for xmas Just a note though - I am not impressed with any of the solicitors we have spoken to regarding this they are extremely pessimistic and the general view is that you might as well accept the fact that you will be charged. If there are any solicitors reading this I would like you to think about how you would want your solicitor to act if you were ever in a position like this - god forbid you wouldn't be. If the system is going to just automatically assume that someone is guilty on a say so from someone else in these types of cases then why doesn't the justice system just rely on this for all other cases? Why should cases of a sexual nature be any different to other crimes which are investigated??

Also, did anyone else watch the item on This morning this week where a man had been falsely accused and the criminologist sat next to him stated that False Allegations where extremely rare - maybe she needs to be directed to this forum!

Crossing everything for tomorrow.