false allegations of historic child rape

[victimized]

I have been arrested for historic child rape and released on bail. The bail conditions prevent my return to the house where I live with my parents until the accuser, my brother has moved out. He is a recovering heroin & cocaine addict who has many police cases recorded on him stretching back over twenty years.

My parents have both suffered verbal and physical abuse from him and have been advised by police to ask him to leave their house. Although my mother does want him to leave, my father does not and he is still there. After being asked by the police to leave, he has refused citing the need for him to recover via the detox plan. In the meantime, I am forced to live elsewhere, which is totally unfair as the allegations are wholly false and unsubstantiated.

The claims are not only unfounded, but are absurd. An indication of the false nature of the accusations may be noted in the fact that he never accused me of such crimes before 2013 and has only started claiming to have been raped since last year. This has been after he has been consuming heroin and cocaine and is known to the police in this regard. He also has many convictions ranging from driving offences to affray to possession of narcotics. He was allegedly a drugs dealer. He claims that I have anally raped him from when he was 5 to when he was 12 ( I am 3 years older), yet I was a virgin during this time. He is spreading malicious allegations to hurt my mother whom he thinks favours me, to hurt her by hurting me and as I refused to give him money when he asked for it. He also wishes revenge on my mother who reported him to the police for attacking her, as witnessed by my father, and with a dangerous weapon. He is heavily in debt and one reason for the false accusations may be for the compensation.

[soulbug]

Hi , Welcome to the forum , Just a quick important question , can you indicate the years when this is alleged to of happened between.

This is a very important question as a old doctrine called "Doli Incapax" may well apply in your circumstances right up to the age of you been 14 subject to it been pre 1998 (not sure on the exact date within the year). i know it seems to run into your age been upto 15 , but wide ranging dates can be narrowed down and argued about in court.

Basically anything upto the age of 10 , you could not really commit a crime , according to U.K law
from 10 - 14 you are presumed innocent unless they can prove other wise.

I myself had to go through this battle and the Judge through the whole situation out as a "abuse of process"

my case was based on false historic allegations from 1983 - 1985 , i was under the age of 14 so therefore "Doli Incapax" applied .

If you are within this type of age range and pre 1998 , then DO NOT let anyone tell you Doli Incapax does not apply , trust me a fair few solicitors offices told me it would not apply , they simply did not know there eggs , but the law was on my side and thankfully Chris Saltrease and Tania Griffiths where my Solicitor and Barrister.

[is there justice?]

Hi victimized and welcome, another poor soul dealing with an FA

Soulbug has given you some good advice based on his experience. The difference in age between you and your brother combined with the time of the so-called abuse just makes it a nonsense to me.

Despite common sense telling you that this is far fetched by anyone's standards, it is still horrible to be FA'd especially by your brother. Hopefully it will be sorted out sooner than later.

[victimized]

Hi , Welcome to the forum , Just a quick important question , can you indicate the years when this is alleged to of happened between.

This is a very important question as a old doctrine called "Doli Incapax" may well apply in your circumstances right up to the age of you been 14 subject to it been pre 1998 (not sure on the exact date within the year). i know it seems to run into your age been upto 15 , but wide ranging dates can be narrowed down and argued about in court.

Basically anything upto the age of 10 , you could not really commit a crime , according to U.K law
from 10 - 14 you are presumed innocent unless they can prove other wise.

I myself had to go through this battle and the Judge through the whole situation out as a "abuse of process"

my case was based on false historic allegations from 1983 - 1985 , i was under the age of 14 so therefore "Doli Incapax" applied .

If you are within this type of age range and pre 1998 , then DO NOT let anyone tell you Doli Incapax does not apply , trust me a fair few solicitors offices told me it would not apply , they simply did not know there eggs , but the law was on my side and thankfully Chris Saltrease and Tania Griffiths where my Solicitor and Barrister.

Thank you soulbug for the information. My brother has alleged that the alleged rape occured from 1983 till 1990.

[soulbug]

Okay , well Doli Incapax will apply , the laws for this kind of thing are retrospective , PLEASE do not let anyone tell you other wise , if they do , they are talking pure rubbish.

Its a Latin term meaning 'incapable of wrong'; the presumption that children under a certain age cannot be held legally responsible for their actions and cannot be guilty of an offence.

I am assuming you either went with a "no comment" interview or you answered the questions and denied all the allegations .

If the CPS decide to progress with this case , they will need to prove firstly evidence that you did the crime but they have the added burned of also trying to prove that you was considered as "Capable of doing wrong" , which means that what your brother alleges you did , you knew was wrong to do ..... sounds a bit odd .

ALSO this is very important if the CPS ( cps decide to charge not the police) decide to charge you BEFORE they can charge you they have to have enough evidence to what they call " Rebutt Doli Incapax" in other words they have to prove you was capable of knowing what your alleged to of done was wrong.

As you can imagine they can only work backwards ,so what kind of things could perhaps prove you was capable of gulit ,well if between the ages of 10-14 you was given a caution by a police officer for a similar type of accusation , or something on your doctors records such as a record of doing something along those lines or having odd sexual tendency's , that kind of thing.

I was lucky enough to be able to afford Chris Saltrease and Tania Griffith , they do not do legal aidded work , but if i was to go legal aid , i would consider the solicitor Jerry (cant remember his sir name) at arbitrages solicitors , he is well talked about on here , ALSO my choice of Barrister for this matter would be Mark Barlow , he does legal aided work , if you google "Mark Barlow Barrister" you will see he has dealt with these types of cases...

Do not worry if the solicitor or barrister do not live in your town etc , that does not matter , they will travel to the courts on the days they are needed if it goes that far , you can use the phone to talk to them , please do not just pick some one local because they are easy to travel to....

The CPS have to prove not only that you had done the crime , but also that you was capable of guilt based on your age knowing the difference between right and wrong in this particular situation.

My situation went as far Pre-Trail stage , i am considering seeking a solicitor to take the CPS to court for even instructing the police to charge me , due to what the Judge said when it was finally kicked out of court as a "abuse of process", but should i just let sleeping dogs lie !

I shall try and find some webpages that explain Doli Incapax .

[soulbug]

Below is a link to a very good 168 page ebook that fully explains Doli Incapax , the person that wrote the book , Francis Bennion , is 100 % a expert on such matters.

http://www.francisbennion.com/pdfs/f...l-2003-act.pdf

Chapter 14 in particular is a important read.

100% worth reading, if it does not make sense , re-read it a good few times , i know when i was first arrested it took me at least 10 days to be able to get out of bed and be able to think straight.....fear not it will pass.

[soulbug]

If you find yourself charged , contact me via PM and i will send you a copy of the judges ruling on my case before he kicked my case out ,he brings up many important points that would make this case near on impossible to put to a jury due to delay , doli incapax etc , it is around 5 pages long , your legal team will find it good reading.

[Casehardened]

Soulbug, thanks for this very helpful advice to Victimized.

I was going to put your link in the Useful Information section of the forum for future reference but unfortunately it doesn't work.

Could you possibly correct it & I will then move your whole post over there.

[victimized]

If you find yourself charged , contact me via PM and i will send you a copy of the judges ruling on my case before he kicked my case out ,he brings up many important points that would make this case near on impossible to put to a jury due to delay , doli incapax etc , it is around 5 pages long , your legal team will find it good reading.

Thank you very much. This has been very helpful. By the way, in the first post I incorrectly stated that I am 3 years older when I am older by 5 years; would this make any difference?

After the arrest I was questioned by the police. My solicitor was present at the interview which was taped. I denied all charges.

In addition to the allegations that he was anally raped, he also claimed that I set him on fire yet he suffered no burns. He claims that I put his hand in the fire but he had no blisters. He claims that I covered him in bleach yet he sustained no injury. He claims that I forced him to drink bleach yet he would have either died or been hospitalized had this been true.He claims that I threw acid on him even though there was no acid in the house and he suffered no injury consistent with an acid attack. He claims that I cut him yet there were no signs of cuts and/or blood. He claims that I beat him up even though he was stronger than I was. He claims that at school I made boys attack him though there was no corroborration of such an attack.

He has been arrested many times over the past ten years when he lived elsewhere for driving offences, affray and possession of heroin and cocaine. On the contrary, this was my first arrest. Would this have any bearing on the proceedings. He is heavily in debt and is making the allegations to obtain compensation.

I was told by the police that the investigation would last between 2 to 3 weeks. Is this credible?

I would like to offer my thanks once again for the useful information.

[soulbug]

Hi Caseharded , thank you

Just in case the link does not work again for some reason , here is a link to a post i made which has the link in from when the case was thrown out .

http://www.daftmoo.org.uk/mooforum/s...ght=#post32561

and hopefully this direct link will work

http://www.francisbennion.com/pdfs/f...l-2003-act.pdf

[soulbug]

Thank you very much. This has been very helpful. By the way, in the first post I incorrectly stated that I am 3 years older when I am older by 5 years; would this make any difference?

After the arrest I was questioned by the police. My solicitor was present at the interview which was taped. I denied all charges.

In addition to the allegations that he was anally raped, he also claimed that I set him on fire yet he suffered no burns. He claims that I put his hand in the fire but he had no blisters. He claims that I covered him in bleach yet he sustained no injury. He claims that I forced him to drink bleach yet he would have either died or been hospitalized had this been true.He claims that I threw acid on him even though there was no acid in the house and he suffered no injury consistent with an acid attack. He claims that I cut him yet there were no signs of cuts and/or blood. He claims that I beat him up even though he was stronger than I was. He claims that at school I made boys attack him though there was no corroborration of such an attack.

He has been arrested many times over the past ten years when he lived elsewhere for driving offences, affray and possession of heroin and cocaine. On the contrary, this was my first arrest. Would this have any bearing on the proceedings. He is heavily in debt and is making the allegations to obtain compensation.

I was told by the police that the investigation would last between 2 to 3 weeks. Is this credible?

I would like to offer my thanks once again for the useful information.

Please can you just confirm the time range and the age you would of been during that period of time.

With regards to the police investigation....perhaps 2-3 weeks , BUT they will then more than likely hand it over to the CPS , they may have it for weeks / months (mine was i think 4 - 5 months ) before they make a decision on charging or NFA (no further action).

Please note you are likely to be rebailed during this waiting period of time.

But your brothers storey based on what you have said , simply does not add up , in particular if there is no doctors records / hospital records , no memories of these events happening with your parents....because i guess who else would of taken him to the doctors / hospital , records will of been kept .

[victimized]

Please can you just confirm the time range and the age you would of been during that period of time.

With regards to the police investigation....perhaps 2-3 weeks , BUT they will then more than likely hand it over to the CPS , they may have it for weeks / months (mine was i think 4 - 5 months ) before they make a decision on charging or NFA (no further action).

Please note you are likely to be rebailed during this waiting period of time.

But your brothers storey based on what you have said , simply does not add up , in particular if there is no doctors records / hospital records , no memories of these events happening with your parents....because i guess who else would of taken him to the doctors / hospital , records will of been kept .

He claims that these alleged cases of abuse started from 1983 till 1990. He was 5 to 12 of age. I was aged from 10 to 17.

My brother’s story certainly makes no sense as has been rightly noted by my solicitor. There are no reports by the doctor/hospital, my parents accept that such allegations are totally false and my father knows all too well that I had a strong aversion to his company as a child so much so that I washed my hands after contact with him.

However, the family house is jointly owned by my father and mother. They have both endured verbal and physical attack by him. He moved out in 2004, but was involved in drug dealing activities and was threatened by rival drug lords in his area of residence. For this reason, in 2013my father invited him back to the family home. Since his return, he has intimidated all members of the household.

The bail conditions state that I can only move back once he has left. In this regard my mother is willing to ask him to leave but my father is not. As a consequence, I cannot go back.

[soulbug]

Doli Incapax would only apply to charges for the age 14 years and younger , so charges from age 0 - 10 years old , you are classed as incapable of guilt , ages 10 - 14 years old they will need to rebutt Doli incapax .

Any charges they bring that relate to you been 14 years and over then they do not have to rebutt Doli Incapax for any charges they feel they will bring for when you where 14 years and over.

Also any charges they bring are also retrospectively applied they can only charge you under the names of the offences from the dates you are been accused of, things have changed over the years , this may sound confusing but it is the case in your case.

look up the sexual offense act and see how it has changed over the years , find the sexual offense acts that apply to the date range you are been accused of sexually abusing your brother.

[victimized]

Doli Incapax would only apply to charges for the age 14 years and younger , so charges from age 0 - 10 years old , you are classed as incapable of guilt , ages 10 - 14 years old they will need to rebutt Doli incapax .

Any charges they bring that relate to you been 14 years and over then they do not have to rebutt Doli Incapax for any charges they feel they will bring for when you where 14 years and over.

Also any charges they bring are also retrospectively applied they can only charge you under the names of the offences from the dates you are been accused of, things have changed over the years , this may sound confusing but it is the case in your case.

look up the sexual offense act and see how it has changed over the years , find the sexual offense acts that apply to the date range you are been accused of sexually abusing your brother.

I have been charged with historic child rape. Yet the police stated the other allegations that my brother made. He claims they occurred from 1983 to 1990, the span of time that he alleges he was anally raped. The allegations can never be proven. In fact the lack of any form of injury goes against his fabrication.

[can it get worse]

So in addition to the issue which Soulbug has spoke about - the accuser does not sound a very reliable witness in any way? This is also something that should be considered.