Confused and almost trial

[Scottish]

Hey, Ive been slightly confused since being charged, i was inittially arrested on suspision of rape, i was accused after a freinds wedding after sharing a couch with a female, she phoned the police whuile i was stills sleeping and the police arrested me on that couch after waking me up, i was released on bail, after nearly 13 months on bail for rape as that was what i was accused of i was then charged with attempted rape. My trial is on monday, as far as im aware as ive been ill and not able to attend chambers and consult with my barrister as of yet there is no DNA, the feamle 20 years old now has one previous accusation proven to be faulse at the age of 14, there is also CCTV footage of her amd myself in a nightclub on the night in question which ive seen and it shows her being very racey and sexual towards me this happened may 2012, i was looking for any thoughts on possible outcomes and also, how if she told the police i raped her can they then change it to attempted rape. and finnaly after nearly two years i lost my job home and my relationship broke down ive attemted suicide and was admitted for a week for psychiatric analysis after an attmepted hanging im also hated by some people in my town now could i atall seek any form of charge against her if proven innocent?

[myhome]

Hi and welcome though sorry you have had to find us. You story is sadly a common one and the feelings and emotional hell you have been through are as well. ..
Am I right in assuming you are in Scotland? If so then Senior Member Lawlessone is our resident expert on how the Scottish System works (or doesn't). It may be worthwhile reading his thread. http://www.daftmoo.org.uk/mooforum/s...ppy-to-discuss

With regard to seeking charge against her - firstly wait till the outcome of the trial. Then consider this....pursuing justice for ourselves after being FA'd is natural. However, it is generally thought that is takes several years, costs vast amounts of money and there is no guarantee of the outcome you want. During the time you are doing this, it is "in your face" all day every day which in itself will prevent you from a) putting this whole thing behind you and b) rebuilding you life.

Keep posting on here and we'll support you all the way through your trial...keep strong too - you have a lot to live for though it may not seem like that at the moment. She has taken 13 months of your life - don't let her win by taking the rest....

[Scottish]

Thanks

I acctually moved to wales to be with my partner and thats when this happened, im still in wales and slowly trying to rebuild my life im at college and just applied for university and have the support of a very wonderful new partner as this caused the break down of my previous relationship. Do you have any insight ito how if the female told the police i "penetrated" her and that i did rape her how the CPS can then bring charges of attempted rape? it still doesnt make sence?

[myhome]

I acctually moved to wales to be with my partner and thats when this happened, im still in wales and slowly trying to rebuild my life im at college and just applied for university and have the support of a very wonderful new partner as this caused the break down of my previous relationship. Do you have any insight ito how if the female told the police i "penetrated" her and that i did rape her how the CPS can then bring charges of attempted rape? it still doesnt make sence?

sadly, quite a lot of what plod and cps does makes little sense to us because we've been brought up to believe that they are upholders of the law and want to prove innocence. many members here have found this is not the case at all...

In answer to your question about the change in charge: it's quite possible that the liar has changed her story. This has happened before when a liar makes an allegation and after a while realises that it has grown horns and starts getting scared. They realise that it is going to be difficult to retract the allegation and if they did could be charged with PCJ and/or wasting police time which can carry a custodial sentence. so in order to try and do damage limitation they "reduce" the seriousness of the lie. plod then has to change the charge to fit her new story. She can change her story as often as she likes and plod will believe her each time. However, if you change your story, they will accuse you of lying and not believe anything you say ( not that they do anyway)
Having been on here a long time, and read many accounts, we all have a very cynical view of the police and their lack of investigation into these allegations... You may find it helpful/useful to have a read of other threads to see other people's experiences and also to see how many success stories there are..... dancing bananas are it!!!

it's great that you have a new loving partner who is standing by you.....

[lawlessone2009]

It's easier to prove an 'attempted' rape than it is to prove an actual rape.

I foresee them putting the rape allegation on the table for the jury to consider as 'relevant' to the circumstances surrounding their charge of 'attempted' rape.

It would really take your barrister to clarify why the decision to charge the lesser has been made and for them to clarify what information will most likely be shared with the jury.

There is no method that I know off which would enable you to 'charge' her with making an allegation that you believe is false. If she was to admit to making a false allegation then the Police would charge her. If she was subsequently sentenced in a criminal court then there is little avenue to seek financial compensation from her as you cannot be punished twice for the same offence (criminal conviction bars a civil claim) as far as I am led to believe.

You would really need to seek the opinion of a solicitor after trial if you are found not guilty. There are avenues open to suing the CPS/Police if it can be shown they've brought a malicious prosecution, for instance. There will, unfortunately, most likely not be any avenue whereby you can attempt to claim from your accuser.

[Casehardened]

As the accusation is current i.e. it was reported immediately rather than later, undoubtedly she would have been swabbed internally for your DNA.

If there was no intimate sexual contact between you, none of your DNA or semen would have been found and therefore a rape allegation would be difficult to prosecute.

Ergo, as Lawlessone has pointed out, they have gone for the 'easy' option of attempted rape which negates the awkwardness of no DNA evidence, but hopefully your barrister will hinge your defence around the the lack of this forensic evidence. It is also useful to work out a motive for her making the allegation.

[lawlessone2009]

As the accusation is current i.e. it was reported immediately rather than later, undoubtedly she would have been swabbed internally for your DNA.

If there was no intimate sexual contact between you, none of your DNA or semen would have been found and therefore a rape allegation would be difficult to prosecute.

Ergo, as Lawlessone has pointed out, they have gone for the 'easy' option of attempted rape which negates the awkwardness of no DNA evidence, but hopefully your barrister will hinge your defence around the the lack of this forensic evidence. It is also useful to work out a motive for her making the allegation.

You're actually LUCKY in a very perverse way...

If you were to be facing an allegation of 'speeding' in a motor vehicle and actually sought to challenge the lack of an approved method of obtaining a reading of your speed (ie, Officer simply made it up) then it is not unheard off to be charged with Dangerous Driving which is FAR more serious and also has the fall back position of a conviction for Careless Driving. You'd be arguing a multitude of positions and most likely be unsuccessful. Dangerous/Careless driving being far far easier to prove... Merely WORDS.

The allegation that you are facing is rather strange. If you were arrested and questioned with regards a RAPE then this is quite different from an ATTEMPTED RAPE. They are a world apart and I am certain that everyone would agree with me that if they had to choose either they would most likely pick the attempted over the actual.

What appears to be happening is that they are trying to prove the speeding offence (attempted rape), which they have no credible and reliable evidence off happening, by presenting a case of Dangerous driving (rape) and hoping to persuade the jury that on the balance of things they are pursuing the charge which actually happened but really requires a little explanation 'extra' to clarify why it must have happened.

They clearly are lacking the evidence even to substantiate a case of attempted rape...

Your defence team should seize the moment as soon as the CPS attempt to state that what happened was rape.

Casehardened has laid it out. No evidence. Also, attempting to use something which is not evidenced in any manner in order to make it appear that the lesser, which also has no evidence, must have happened kind of beggars belief.

You're facing a determined prosecutor BUT your position is one of relative ease. The prosecutor has to do a hell of a lot of work and generally when faced with work or intelligent actions of any kind the CPS fail miserably, in my opinion.