A question.

[Nemo]

As with most posting here, I find myself at the wrong end of a FA. I am just wondering if anyone has any information as to percentages of accusations being turned into charges and even charges turning into successful prosecutions where the alleged offence happened considerably over 35 years ago. There will be no physical evidence as
(a) it didn't happen and
(b) it was such a long time ago (but please refer back to (a)).
It will literally be my word against my accuser (my accuser already having made similar accusations against someone else many years ago and they where cleared of them). I already fear I have said too much to the police at my interview, I can easily discredit the majority of the background to the allegation (and I have people who can corroborate that fact - even after all this time) reading posts here, possibly I should have kept that to my self. I too foolishly believed that the police are there to protect the innocent, but I made a couple of comments which didn't fit their picture and they where totally ignored.

How much weight is given to character references (then and now - if required) for both the accuser and the accused? I know I have a very very long way to go, the police don't seem to be moving very quickly with it (good sign maybe?) They informed me that an allegation had been made against me - and then left it for 10 days before I attended the interview.

My accuser first made the accusations to me (and other family members) over 10 years ago and they where told then, by me and the other family members to go to the police or stop making the accusations. I had assumed the accuser had gone to the police and the police had dismissed the claims without even an investigation - 10 years ago was a completely different climate to what it is now. Is there anyway of finding out if she did file a complaint 10 years ago - or would the current OIC already know about it?
Hope you can help.
Nemo

[is there justice?]

Hi Nemo

I'm sorry you have had to find this forum and I'm not sure i can answer all your questions.

As others will tell you, the default setting of the plod is to believe the person making the allegations. They only see that person as the victim and have no regard for the victims of false allegations.

The process seems to be exceedingly and cruelly slow. The CPS will prosecute if they think there is a 51% or more chance of success.

I have no idea if the police will look at previously discredited allegations and consider them because generally they seem hell bent on proving it happened. Should you need a solicitor though, they would certainly need to know that though not sure if it would be admissible in court.

It seems character references can help so be prepared.

I don't know if you can find out if a previous complaint was made, the police are not very helpful.

Hopefully this won't come to anything but if you are interviewed again or charged, have a solicitor with you.

Hope for the best but prepare for the worst.

[Nemo]

Thanks is there justice?
I did have a solicitor present at the interview, although I wasn't initially going to, fortunately I was advised against going it alone and very glad I was for the advice, just having someone on my side of the table psychologically helped a lot.
I am more than a little dismayed to learn that the previous attempts of my accuser to attack other people might not even be admissible, this is something that I will definitely follow up as I have learned over the years this person has made several unfounded allegations to people who have crossed them.
As your name states Is there justice indeed?

[breakmyheart]

answers

Thanks is there justice?
I did have a solicitor present at the interview, although I wasn't initially going to, fortunately I was advised against going it alone and very glad I was for the advice, just having someone on my side of the table psychologically helped a lot.
I am more than a little dismayed to learn that the previous attempts of my accuser to attack other people might not even be admissible, this is something that I will definitely follow up as I have learned over the years this person has made several unfounded allegations to people who have crossed them.
As your name states Is there justice indeed?

Hi .
Just a brief mention....

It is commonplace that in most sexual allegation cases that the compilation of findings by the police are sent to the cps for their determination as to prosecute or not.

In the event that you are charged then your sol can apply for the information that will reveal so much more than playing the guessing games.

Their is a report schedule available on the internet and try google for conviction stats {please forgive me that I cant remember what I had previously searched} and to memory it is something like less than 2% of allegations even end up going to trial, and different areas produce different ratios of convictions, and on average around a 40% rate of conviction, and that does not always end up as prison terms and can be other means .

Perhaps your best guidance would be to ask your sol , but I hope this may help you at this stage.

Many words of wisdom and support are here for you and even if you want to p.m myself or others , please feel free.

regards, b,m,h

[Casehardened]

I am more than a little dismayed to learn that the previous attempts of my accuser to attack other people might not even be admissible, this is something that I will definitely follow up as I have learned over the years this person has made several unfounded allegations to people who have crossed them.

Should the matter go to trial, my understanding is that this will be determined by a 'mention' (?) hearing before the judge prior to the trial.

This illustrates the importance of using a specialised solicitor as they will be clued up with case law etc, to back up the application to disclose.

[Rights Fighter]

Previous allegations made by a complainant, having been proved to be false, can go before a jury. You said that the previous allegation resulted in the accused being 'cleared'. What do you mean by being 'cleared?'

Were they found not guilty at trial or were they NFA'd (No Further Actioned)?

[Nemo]

Previous allegations made by a complainant, having been proved to be false, can go before a jury. You said that the previous allegation resulted in the accused being 'cleared'. What do you mean by being 'cleared?'

Were they found not guilty at trial or were they NFA'd (No Further Actioned)?

The allegations where investigated by the welfare authority who found no evidence whatsoever to support the allegation's therefore no action was taken by the authorities, nor was any action taken against the complainant for making false accusations.

[Rights Fighter]

It sounds as though they were NFA'd then.

Your defence team would have a job to get the previous accusations into the trial on that basis.

Cases are NFA'd usually 'due to lack of evidence'. Many people who are NFA'd are either (truly) guilty or not (truly) innocent of the allegations, and in the same way people who are not guilty are found guilty by a jury at trial, and some people who are guilty, get found not guilty - so two different types of miscarriages of justice there.

When you look at it like that, it would be rather unfair to prosecute a complainant if a case has been NFA'd - because sometimes the accused IS guilty.

It might be an idea if your defence team could ask for details of the NFA. They may not get answers of course but it's worth a try. That would be the first step.


Edit: What do you mean by "Welfare Authority?" Are you talking about Social Services rather than the police?

[Nemo]

Yes, that is correct. I believe the allegations where made to social services and Social services did the investigation and found nothing to support the allegations.

Cases are NFA'd usually 'due to lack of evidence'. Many people who are NFA'd are either (truly) guilty or not (truly) innocent of the allegations,
I find this statement troubling - so what happens to people who are truly innocent?

[Rights Fighter]

So the first accused was not NFA'd then - just that SS decided on the balance of probabilities that he hadn't done it!! You may well be able to get the SS / family court records to assist you with how they came to that decision. You cannot do that personally but your defence team should.

What happens to the truly innocent when NFA'd? Nothing. The allegation remains on their ECRB/DBS records. They just have to live with it.

What is really wrong is that the police and CPS are under huge pressure from the Government to increase sexual offences convictions. This means that many police officers will not investigate any leads that might assist the defence case and sometimes the CPS will pull bad strokes at trial, but often will argue against a reasonable request from the defence to adduce certain similar evidence.

If the police investigated properly and based the NFA or (preferably) No-Crime on their investigations then maybe the truly innocent would not have the added stigma of the allegations being on their record for the rest of their lives. Sadly that won't happen in this country while Governments pander to the ill-informed members of the public who cannot believe that people will lie about such matters.

[Cat]

Does the allegation remain on the DBS/ECRB of someone who is found not guilty?

[Rights Fighter]

In my experience yes but others might have different experiences. It might be a good idea for you to contact the Chief Constable (via your MP if he or she is sympathetic) to support you.

[Cat]

Thanks for the info RF, it seems unfair to me but I'll wait until after the court case. Maybe I'll ask the solicitor / barrister for advice as they know my son needs a clean DBS to be able to work in his chosen profession. He was about to graduate and had a job ready to start when he was falsely accused last year, everything is on hold now and I don't want to depress him.