A false accusation with several proven lies

[Mr3]

Hi all,

I'm currently facing a false allegation of rape made by someone I had a one-night stand with. I think they did it because it turned out they had a boyfriend (which I didn't know) or they didn't want to appear "slutty" to their friend who was there that night. As far as I can guess anyway.

Tomorrow I hopefully find out if this will be "decided locally, or by the CPS"; I'm yet to be charged with anything.

Both the police that interviewed me, and the duty solicitor didn't think this was going anywhere. I thought it was odd but positive that the police also said this would unlikely go anywhere.

I think the reason was the person had some obvious lies in their story; they claimed I locked my bedroom door, then raped them, but I have no lock on my bedroom door (police checked). They also deleted text messages the next day where they were still being nice to me, and showed the police an altered version. I showed the police the actual version on my phone. Although annoyingly for that reason they kept my phone, in case they have to send it off.

They also spent the next day up until midday at my house; they were also 2 people in the room next door - one of which has already indicated they heard nothing going on, other than that we went in there.

I guess it's a pretty flawed story and hoping it will be chucked out soon - solicitor said perhaps in 2 weeks time, although it's 3 weeks and I'm still waiting - but the police don't move fast.

Has anyone had similar and know what my chances of this being dropped soon might be? Also, does anything think, with the obvious lies told, that I might have a chance at getting them prosecuted for a false claim?

Thanks :-)

[Mr3]

One more question

Sorry - one more question. I'm currently working from home (because they don't want me in to protect the brand etc.) and have told my employer the truth. They're actually being quite supportive but nonetheless I can imagine they themselves must be concerned not just about me.. does it mean anything if it goes to CPS rather than reviewed locally to decide if I'll be charged?

I have to keep them informed so need to ensure if the problem is delayed I can explain why without making it appear as if I might be guilty.

[babygal2014]

Sorry - one more question. I'm currently working from home (because they don't want me in to protect the brand etc.) and have told my employer the truth. They're actually being quite supportive but nonetheless I can imagine they themselves must be concerned not just about me.. does it mean anything if it goes to CPS rather than reviewed locally to decide if I'll be charged?

I have to keep them informed so need to ensure if the problem is delayed I can explain why without making it appear as if I might be guilty.

Hi I'm sorry that you have been put in this situation and I'm sure many others will be along shortly with some good advice for you. Unfortunately all of these cases are decided by the CPS if they will take no further action or if you are to be charged. While it sounds promising that there are already inconsistencies in the accusers statement, the police are not on your side. They have conviction targets and will do anything to find enough evidence to get you charged. Also, the police are not very speedy with their investigations. Sometimes you can be lucky and have a decision within weeks but there are others in your situation who are still waiting for a decision six months to even 18 months later.

[Mr3]

I'm sorry but my solicitor and the local police said differently. It may be different where you are - I'm in England (bot won't specify further) - and I've been told by the police and a solicitor that they decide whether it needs to go to the CPS.

You need to ensure when you give advice on this forum that it is accurate. You're dealing with people who are in very tragic and delicate circumstances; I'm afraid your information is likely incorrect. Only comparing the fact that the local police and a solicitor have said the opposite to what a person on an internet forum has said - so you can see which way I sway in what I believe..

[Casehardened]

I'm sorry but my solicitor and the local police said differently. It may be different where you are - I'm in England (bot won't specify further) - and I've been told by the police and a solicitor that they decide whether it needs to go to the CPS.

You need to ensure when you give advice on this forum that it is accurate. You're dealing with people who are in very tragic and delicate circumstances; I'm afraid your information is likely incorrect. Only comparing the fact that the local police and a solicitor have said the opposite to what a person on an internet forum has said - so you can see which way I sway in what I believe..

Please be respectful in your responses to forum members or maybe no-one will bother to take the time to reply, Babygal2014 is also in a 'tragic and delicate' position and doesn't deserve your put-downs. She has based her advice on her own experiences. None of us are legally trained, but are prepared to offer support as best we can.

In fact you are both right: the purpose of the arrest and interview of the accused person is to establish if the alleged offence could have occurred; if so the CPS will consulted as how to proceed (and this might be by means of a quick phone call)

Alternatively the accused person may have a cast iron alibi or explanation (in the case of mistaken identity or a malicious accusation) and if this can be proved at interview, the case will be closed.

[babygal2014]

Hi thanks casehardened, its ok and your both right I'm not legally qualified and I would always advise any legal advice is best given by a solicitor. I don't think I explained myself well in my other post but Ill put that to hormones as I'm expecting a baby soon. My advice is only based on my own experience and from what I have learnt over the last six months. Stuff I wish I never hard to learn!

I was just trying to explain that as you are working from home at the moment and your employer might be waiting for a resolution soon for you to come back. There is no real definite timescale you can give them until you find out more tomorrow. I really do hope that you get no further action by the police but, sometimes they are slow at making these decisions. The only thing that suggested to me that you could be waiting a while is that they took your phone. It would be great if you are handed it back tomorrow but if they do decide to send it to forensics it can take awhile to get it back which can mean longer waiting times for a decision.

The police can give you estimated timescales but they don't always stick to them. Many people have found themselves waiting a long time for a decision. But, this doesn't mean that this will apply to you and I hope your situation is resolved asap. I firmly believe no one should every have to go through being falsely accused and enduring such as ordeal over any period of time is emotionally, mentally and physically challenging. I can understand why you would want the girl prosecuted for the false claim but unfortunately, in this day of age majority of false accusers are not going to admit they lied leasily. As then they will be facing a possible custodial sentence themselves.

I think this might give you the best advice http://www.daftmoo.org.uk/mooforum/s...at-happens-now

Good luck for tomorrow!

[myhome]

I'm sorry but my solicitor and the local police said differently. It may be different where you are - I'm in England (bot won't specify further) - and I've been told by the police and a solicitor that they decide whether it needs to go to the CPS.

You need to ensure when you give advice on this forum that it is accurate. You're dealing with people who are in very tragic and delicate circumstances; I'm afraid your information is likely incorrect. Only comparing the fact that the local police and a solicitor have said the opposite to what a person on an internet forum has said - so you can see which way I sway in what I believe..

Hi and welcome to the forum but sorry you had to find us....

babygal has given you information which she and some of the rest of us believe to be correct; as casehardened has said, babygal - and the rest of us on here are all going through - or have been through the experiences you are new too. We have gleaned a lot of knowledge and experience in that time and we all spend a lot of time helping each other out with support, advice and comfort, even though going through this dreadful experience ourselves and no-one on here deserves to have our comments and help dismissed in such a peremptory fashion.

The police will decide whether it goes to the cps or not. CPS decide whether to go ahead and prosecute or not - on the basis they have to be 51% certain of a conviction.

[Mr3]

Well it's been a while since I posted this!

Apologies if the tone when I responded was off, it was a stressful time, and still is, and sometimes when you post online you don't realise it comes out differently to in your head :-)

Current situation is; everything the solicitor said has seemed a bit inaccurate. She kept giving timescales, saying it was with a senior officer, would be looked at in the next 2 days; but this never happened.

I phoned the police officer in charge of the case and got a clearer idea. It currently has been sitting in a pile for weeks, waiting to be "reviewed" - at which time they may or may not ask me to pop in for more questions.

My bail date approaches in the next couple of weeks after a 3 month wait. Can anyone advise what I should expect or prepare?

I have got second opinions, and when I talk to most people, they suggest I have nothing to worry about. The girl claimed I locked her in a room, with no locks; she left big holes in the story she gave, she deleted text messages of the next day where she was nice to me, she even told me the contraception she was on and also we had consensual sex again in the morning.

I also understand the motivation now perhaps - the police inferred in the interview that she has a boyfriend - so I assume claiming rape was easier than admitting she cheated.

Thanks all.

[Mr3]

Sorry one other thing to add, because it de-stresses me to highlight the positive! The police actually told my solicitor, towards the end of the investigation as I understand, and at the end of the interview - that they didn't think this was going anywhere, but it's obviously up to a senior officer, not them.

[is there justice?]

Mr 3

The wheels seem to turn very slowly and it seems common for people to be re-bailed so be prepared for that. If you receive an NFA you will be happily surprised.

We can't be on our own thinking 'how did it go this far?' so I wouldn't presume common sense will prevail.

Unless you know your lawyer is well versed in dealing with these kind of allegations I would be wary of taking everything he or she says at face value. On this, I am speaking from experience.

I'm sorry if this sounds negative, it isn't meant to be, it's just a word of caution.

The last thing to say is something you may have read on here before, I read it first from BDC, is that the police are not your friend so be aware that popping in to answer a few more questions will be to help them not you.

Having said all that, I really hope you find out no further action will be taken.

[Mr3]

Thanks for your response, reading it gave me a bit of strength!

I have seen a few NFA comments on here where it's ended after a couple of months, so I gain strength from that. Maybe there should be a special section on here for "NFA" threads so people can read them and also see the positive side. Just a thought :-)